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RZJECTED CITY CHARTER. office on the first Monday of January thereafter, and
the laws of the State regulating elections shall apply The following is a copy of the draft of a
to elections of charter ofhicers, and the common counbill agreed upon by a City Convention for cil may by law extend the time for the canvass of the
votes. amending the Charter of the city of New
4. The common council, during the year one York. It contains a few good, and a multi
thousand eight hundred and forty-seven, may hold
such sessions and as often as each board shall by retude of bad provisions, and some so very bad solution appoint; but thereafter the common coun. as to make it as a whole altogether objection
cil shall annually hold only three stated sessions, of
not exceeding one month each, commencing on the able. The draft of the bill was submitted first Monday of January, May, and September. The in three separate parts for adoption or rejec
mayor shall convene the common council at any time
between the sessions, if, in his judgement, any exition by the People. All three were rejected. gency shall have arisen to render such a proceeding AMENDMENTS TO THE CHARTER OF THE
necessary, or at the request, in writing, of a majority
of the members elected to each board, specifying the CITY OF NEW-YORK.
purposes for which such meeting is called ; in which Adopted in City Convention, October 26th, 1846. case the action of the common council shall be conRejected by the People, Nov. 30, 1846.
fined to the matters in reference to which it shall have ARTICLE I.
been so convened, or to such other matters as may be
submitted by the mayor for its consideration during Legislative Amendment.
such session, and the respective boards may adjourn, 0 1. The corporation or body corporate, now ex- from day to day, until such business shall be completed. isting and known by the name of " the mayor, alder- Ø 5. The boards shall sit in separate chambers, and men, and commonalty of the city of New-York,” shall the doors shall be kept open except when the public remain and continue to be a body politic and corporate welfare shall require secrecy. A majority of eachi in fact and in name, by the name of the mayor, alder- shall be a quorum to do business, but a smaller number men, and commonalty of the city of New-York," and may adjourn from day to day, and may compel the by that name shall have perpetual succession, and be fi attendance of absent members. Each board shall apable to sue and be sued, to plead and to be impleaded, point a president from its own body, shall choose its to answer and to be answered, to defend and to be de- clerk and other officers, determine the rules of its fended in all courts and places, in all mamer of actions, owu proceedings, be the judge of the election, resuits, complaints, pleas, causes, matters, and demands turns, and qualifications of its own members, keep a whatever, and of what nature and kind whatever, in journal of its proceedings, have power to direct special as full and ample manner and form, as any citizen; elections to fill its own vacancies, to compel the attendand shall be capable to take, purchase, hold, receive ance of members, to punish them for disorderly conand enjoy; and to sell, demise, mortgage, assign, duct, and to expel a member by a vote of two-thirds dispose of, and convey in fee, for lile or lives, or för of the members elected, after five days notice and years, or in any other manner, any property, real or opportunity of being heard has been given to him; personal, of what nature, kind, or quality whatsoever; but such resolution of expulsion shall be of no eflect, and may and shall have and use a common seal, and unless it contain a provision for a special election may alter or change the same at their pleasure; and within two weeks thereafter, to supply such vacancy; shall have and continne to exercise and enjoy all the provided, however, that such special election shall rights, immunities, powers, privileges, and franchises not be ordered unless there be at least twenty days heretofore and hitherto belonging to it; and shall have of the term of the expelled member unexpired. The power to make all needful laws, by-laws, and regula- two boards shall have concurrent powers and a negations for the municipal government of said city, and tive on each others proceedings, and shall, in all cases, for the laying, assessing, and collecting all taxes ne- act as separate bodies, and shall not appoint joint comcessary for the payment of the expenses of the city mittees, except a committee on accounts. Each board government.
may originate, amend, concur in, or reject any law, 2. The legislative power shall be hereafter vest- ordinance, or resolution; but no law, ordinance, or ed in a board of aldermen and a board of assistant alder- resolution shall pass either board, except by a majority men, who shall form the common council of the city. of the members elected. Neither board shall adjourn The board of aldermen shall consist of one alderman for a longer period than three days, except by a resofrom each ward, who shall be elected by the people of lution to be concurred in by the other body. the respective wards annually. The board of assistant Ø 6. Every act, ordinance or resolution which shall aldermen shall consist of members elected annually have passed the two boards, shall, before it shall take in the respective wards, in separate single districts, in effect, be presented, duly certified, to the mayor of the proportion, as nearly as may be, of one member the city. If he approve, he shall sign it; if not, he to each ten thonsand inhabitants; if the fraction in
shall return it with his objections to the board in any ward shall amount to five thousand, such ward which it originated, within ten days thereafter; or if shall be entitled to a member for the same; if the frac- such board be not then in session, at its next stated tion be less then five thousand, it shall not be entitled to meeting. Tbe board to which it shall be returned, a member; but each word shall have at least one re- shall enter the objections at large on their journal, presentative in the board of assistant aldermen. An and cause the same to be published in one or more apportionment of members of the board of assistant of the public newspapers of the city. The board to aldermen shall be made by the common council, at which such act, ordinance, or resolution shall have least six weeks before the election to be held next after been so returned, shall, at a meeting not less than the adoption of this charter, and at its first session eight days thereafter, proceed to reconsider the same. after the return of every enumeration provided for It' after such reconsideration, two-thirds of all the by the constitution of this state; and when made shall meinbers elected to such board shall agree to pass the remain unaltered until another state enumeration shall same, it shall be sent, together with the objections, to have beer, taken. The common council may provide the other board, by which it shall be likewise reconby law for the division of the city into common coun- sidered ; and if approved by two-thirds of all the cil election districts, each district containing, as near meinbers elected to such board, it shall take effect as as may be, an equal number of inhabitants, which an act or law of the common council. In all such said law, after being so passed, shall be submitted to cases the votes of both boards shall be determined the electors, and if approved by a majority of the voters, by ayes and noes, and the names of the persons voting the same shall become a law. Each district shall for and against the passage of the measures reconsiderthenceforth be entitled to elect one alderman and one ed, shall be entered on the journal of each board reassistant alderman, and such other charter officers as spectively. may hereafter be provided for by law. No person g 7. All laws, resolutions, or ordinances providing shall be a member of either board except while he for any specific improvement, or involving the sale, shall be a resident of the ward or district for which disposition, or appropriation of public property, or the he is chosen.
expenditure of public moneys, or the income therefrom, Ø 3. The annual election for charter officers eball or laying any tax or assessment, shall, before the same be held on the day of the general state election, when shall be sent to the other board or to the mayor, and all charter officers elected by the people shall be immediately after the anljournment of the board next chosen , and the officers elected shall be sworn into
after the passage thereof, be published, with the ayes
and noes, with the names of the persons voting for and against the same, by the clerk thereof, in at least two newspapers, to be directed by the common council ; 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.
Ø 8. If any ordinance or resolution, passed by both boards, shall not be returned by the mayor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be 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.
Ø 9. Annual and occasional appropriations shall be made by the common council, by law, for every branch and object of city expenditure, and no money sbal} be drawn from the treasury except the same shall have been previously appropriated to the purpose for which it was drawn; nor unless the appropriations shall be based upon specific and detailed statements, furnished in writing by the several heads of departments. Every warrant drawn upon the city treasury shall specify the appropriation under which it is drawn, and the date of the ordinance making the same.
$ 10. No money shall be borrowed on the credit of the corporation unless the common council shall by law direct the same in anticipation of the revenue for the year in which the same shall be borrowed, and shall provide in the same law for repaying the same out of such revenue, but money may be raised by loan whenever the law providing for the same shall be passed in each board by a majority of all the members elected, and shall be approved by the electors at any charter election.
0 11. The common council shall have power, and it shall be their duty, annually to lay and raise by tax on the real and personal property in the city, whatever amonut of money may be directed to be raised by the laws of the state, as a condition for the receipt of the portion of the state school fund apportioned to the city; and, also, such further amount as may be necessary for the support of common schools; and for the erection, purchase, or leasing of school houses, and the procuring sites therefor, and the fitting up thereof. The common council shall have power, and it shall be their duty, to pass all proper and necessary laws for the imposition, assessment, and collection of the city taxes on any property, real and personal, in the city: for the regulation and collection of the city revenue, and all moneys due to the city ; for the care, regulation, improvement, and sale of the city property, real and personal; for the laying out, making, opening, widening, regulating, and keeping in repair all streets, roads, bridges, ferries, public places, and grounds, wharves, docks, piers, slips, sewers, wells, and alleys, and for making the assessments therefor; for regulating and collecting wharfage, dockave, and cranage from and upon all water craft, anıl all goods landed ; for the extending, keeping up, and repairing all the necessary meaus for supplying the city with water, and for collecting a revenue therefrom; for securing the protection, healtlı, cleanliness, ornament, peace, and good order of the city ; for the care and regulation of the prisons, markets, houses of correction, alms houses, and asylums; for the support and regulation of all vagrants and paupers; for the establi:hment and regulation of houses of industry, or workhouses for the employment of paupers, vagrants, and disorderly persons; for the prevention and extinction of fires; for the regulating firemen, watchmen, constables, marshals, and policemen ; for licensing and regulating all such vehicles, trades, arts, occupations, professions, and employments as the public good may require, and for revoking such licenses; for regulating the arriving, landing, bonding, and commutation of passengers; for regulating emigrant boarding houses, passenger agents, runners, and all other persons engaged in the business of bringing, or keeping, or forwarding emigrants; for regulating common schools and providing for their support, and all such other laws for the management, good government, and general welfare of said city, as are or may not be prohibited by or inconsistent with the constitution of the United Siates, or the constitution of this state, or any law thereof; and to affix jienalties to the violation of any city law, but such penalties shall in no instance
exceed imprisonment in the city prison for sixty days 1. For interest on all bonds and mortgages owned Ø 3. Whenever there shall be a vacancy in the office and a fine of two hundred and fifty dollars. by the corporation of the city of New-York.
of mayor, and whenever the mayor shall be absent $ 12. The common council shall have no power to 2. For commutation of alien passengers.
from the city, or be prevented by sickness, or any emit bills of credit, or paper currency of any description, 3. For mayoralty fees.
other cause, from attending to the duties of his office, nor to loan the credit of the city, subscribe to the 4. For fines and penalties.
the president of the board of aldermen shall act as stock of any association or corporation whatever, or 5. For fees and fines collected by clerks of courts
mayor and shall possess all the rights and powers of increase the funded debt of the city, unless the law for the city.
the mayor, during the continuance of such vacancy, for that purpose be first approved by the people of 6. For rents from all sources not already pledged.
absence, or disability, and shall be styled “ the acting the city at a general election.
7. For tavern and excise licenses.
mayor.” Ø 13. The board of assistant aldermen shall have
8. For sales of all property of the city except real 4. There shall be an executive department to be the sole power of impeachment, and pending such in
called the “ municipal department," the chief officer of peachment and until the final disposition thereof, the
9. Such portions of the annual taxes levied in the which shall be called the city clerk.” He shall have party impeached shall not exercise any of the func- water district in the city of New York, as may be col- charge of the archives of the city, the ordinances, tions of his office. The board of aldermen shall have lected to supply the deficiency of interest accruing records, and papers of the common council, and of the sole power to try all impeachments, and when on the water stock of the city of New-York.
the papers and journals of the two boards which shall sitting for that purpose, they shall be on oath or affirm
Nothing herein contained shall be construed to im- be deposited by the respective clerks thereof in this ation; and no person shall be convicted without the
pair or affect any pledge heretofore made, and now department at the end of each session of the common concurrence of two-thirds of all the members elected existing of any property of the city or its proceeds, council
, and of the records and papers filed in the to said board. Judgment, in case of impeachment, for the payment of any stock or debts.
mayor's office. He shall receive and pay over to the shall not exceed further than removal from office and
♡ 21. The common council may, from time to time, chamberlain all moneys or revenues which, by charter, disqualification to hold any office under the city
provide by law that persons liable to secure the city law, ordinance, or usage are paid into the mayor's charter; but the party convicted shall be liable to in- of New York against the support of alien passengers office, or which have been heretofore received by the dictment, trial, judgment, and punishment according arriving at the port of said city, shall, instead of execu- clerk of the common council; and shall have the to law.
ting bonds as now required by law, pay to the said charge and custody of the common seal of the corpoý 14. No member of the common council shall,
corporation a sum of money not less than one dollar and ration, and use the same according to law and the during the period for which he was elected, be ap
not to exceed five dollars, for each passenger, in commu- ordinances of the common council; and shall have pointed to or competent to hold any office, the emolu
tation for said bonding. The common council may, the charge and custody of the seal of mayoralty, and ments of which are paid from the city or county also, by law, provide that in all cases where any alien use the same under the direction of the mayor; and treasury, or by fees directed to be paid by any act or
passenger is aged, decrepid, crippled, or infirm, the shall perform such other duties as shall be prescribed ordinance of the common council, or be directly or bond given for such passenger shall be conditioned to by the common council. There shall be a bureau in indirectly interested in any contract, work, or business,
indemnify the corporation against the support of such this departinent to be denominated the bureau of or the sale of any article, the expense, price, or con- passenger, for five years after the execution of such health, the chief officer of which shall be called the sideration of which is paid from the city or county bond. The corporation may sue in the corporate name “ city inspector." treasury, or by any assessment levied by any act or for such commutation moneys, and on said bond, when- Ø 5. There shall be an executive department known ordinance of the common council; nor shall any memever and as often as the condition is broken, and pre
as the “ police department," and the chief of police ber of the common council be directly or indirectly scribe penalties for the non-observance or violation of shall be the head thereof. The municipal departinent interested in the purchase of any real estate or other the ordinances passed under the authority hereby con.
and the police department shall be subject to the property belonging to the corporation, or which shall
ferred, not exceeding two hundred and fitty dollars supervision and direction of the mayor. be sold for taxes or assessments.
for each passenger, to whom such non-observance or 6. There shall be an execntive department known V 15. Every law enacted by the common council
violation may relate, and make such other provisions as the “ department of finance," which shall have shall embrace but one subject, and that shall be ex- by ordinance as may be deemed necessary to carry the management of all the fiscal concerns of the corpressed in the title.
into effect the anthority aforesaid. Ø 16. No law shall be revised or amended by refer
Ø 22. All such parts of the charter of the city of poration, and may prescribe the forms of rendering to
it all city accounts whatsoever, and throngh which ence to its title; but in such case, the act revised or
New-York, and the several acts of the legislature all claiins, demands, and accounts in which the corposectionamended shall be re-enacted and published at amending or in any manner affecting the same, as are ration is concerned, shall be settled. The chief oflicer length.
inconsistent with this act are hereby repealed, but so of this department shall be called the “ comptroller Ø 17. The common council shall, immediately after
much and such parts thereof as are not inconsistent of the city of New-York.” There shall be a bureau the alloption of this charter, proceed to revise the with ihe provisions of this law, shall not be construed in this department, the chief officer whereof shall be corporation ordinances, agreeable to the provisions of as repealed, altered, modified, or in any form affected
called the “receiver of taxes." There shall be a sections fifteen and sixteen of this article, and they thereby; but shall continue and remain in full force
burean in this department, the chief officer of which shall also revise the city laws every five years there- and virtue.
shall be called the “collector of the city revenue." after.
ý 23. Whenever any amendment to this charter shall
There shall, also, be a bureau in this department, the 0 18. The aldermen shall each receive a salary of have been passed by a vote of two-thirds of the mem- chief officer of which shall be the chamberlain of four hundred dollars a year, and the assistant alder- bers elected to each board, it may be submitted to the
the city," men shall each receive a salary of two hundred and
electors of the city, and if approved of by a majority 07. It shall be the duty of the city comptroller to fitty dollars a year.
of them at any general or charter election, it shall be- report to the common council, at the commencement 0 19. All money now or hereafter to be received come a part of the city charter.
of each stated session thereof, a full and detailed statefrom the following sources, shall continue to consti
ment of all the expenses and payments of the city tute and form a fund, to be termed “the siuking fund
government since his last report, and the amount of of the city of New-York for the redemption of the
money expended and the amount unexpended on each city debt," until the whole of the stocks of the city of 1. The executive power of the corporation shall appropriation made by the common council, and to New-York shall be fully and finally redeemed, viz: be vested in the mayor, the heads of departments, and publish the same in two of the public newspapers 1. For commutation of quit rents on grants.
such other executive officers as shall be, from time to ordered by the common council; and he shalì, also, 2. For quit rents arising from such grants as were
time, created by law, and neither the common council, at the expiration of the fiscal year, publish a full and issued prior to 1804.
nor any committee,or memberthereof, shall perform any detailed statement of the receipts and expenditures of 3. The nett proceeds of all sales of real estate be
executive business whatever, except such as is or shall the city government, during the year ending on the longing to the city, when sold.
be especially imposed on them by the laws of the first day of January in each year, and in every such 4. The nett proceeds of all bonds and mortgages
state, and except that the board of aldermen may ap- annual statement, the different sources of city revenue, payable to the city, when collected.
prove or reject the nominations of the mayor as herein and the amount received from each ; the several ap5. For pawnbrokers' licenses and dealers in the provided.
propriations made by the common council, the objects purchase or sale of second-hand furniture, metals, or V 2. The mayor shall be annually elected by the for which the same were made, and the amount of clothes. people at the annual charter election.
moneys expended under each; the moneys borrowed 6. For hackney coach licenses and street vaults.
It shall be his duty:
on the credit of the corporation, the authority under 7. For exclusive occupation of private wharves,
First-To communicate to the common council at which each loan was made, and the terms on which basins, and piers.
the commencement of each stated session, and oftener, the same was obtained, and a detailed statement of 8. For market fees and market rents.
if he shall deem it expedient, a general statement of the indebtedness of the city, and how much, if any, 9. The proceeds of all bonds and mortgages which the situation and condition of the city, in relation to remains unpaid, shall be clearly and particularly specimay have or shall become the property of the city.
its government, finances and improvements, with such fied, with a detailed statement of the property owned
recommendations in relation to the same as he shall by the city. 10. Such portion of the annual taxes levied in the deem expedient.
9 8. There shall be elected annually immediately after city of New-York, as may be collected for the redemp
Second—To be vigilant and active in causing the the organization of each board of the common council, tion of the "floating debt stock and the fire indemnity laws and ordinances of the government of the city to by ballot, in each board, a joint committee of accounts, stock of the city of New-York."
be duly executed and enforced, and to exercise a con- to consist of three members from each board, whose 0 20. All money hereafter to be received from the stant supervision and control over the conduct and duty it shall be to meet at least once a month and exfollowing sources, shall continue to be applied to and acts of all subordinate officers, and receive and ex- amine all the accounts of the finance department for constitute a fund, to be called “the sinking fuud of amine into all such complaints as may be preferred the previous month, together with the accompany. the city of New-York," for the payment of the interest against any of them for violation or neglect of duty, ing vouchers, and report thereon in writing to both accruing and to accrue upon the stocks of the city of and generally to perform all such duties as may be boards of the common council, at their next stated New-York, until the whole shall be fully and finally prescribed to him by the charter and city ordinances, session. redeemed, riz:
and the laws of this state, and the United States. Ø 9. There shall be an executive department kaowa
as the “street department," which shall have cogni. zance of opening, widening, altering, regulating, grading, and paving streets, digging and building wells, building public sewers, and the construction of public roads, when done by assessments, the filling up of sunken lots, and of collecting the assessments connected with such expenditures, the chief officer whereof shall be called the “street commissioner." There shall be a bureau in this department, the chief officer whereof shall be called the collector of assessments." There shall be a bureau in this department, the chief officer of which shall be the “ city surveyor," and in which there shall be an assistant city surveyor. It shall be the duty of said officers to make, for the use of the city, all inaps and surveys necessary for assessments of every description, and to file away and preserve for the use of the city all maps and other property belonging to said department; and the city surveyor and assistant surveyor, together with the street commisssoner, or assistant street commissioner, shall be the commissioners for making all esttmates, and assessments for opening, widening, grading, and altering all avenues and streets, and shall perform such other duties as shall devolve upon them by virtue of said office or be required by the common council.There shall be a bureau in this department, the chief officer of which shall be called the * superintendent of cleaning streets and sewers."
0 10. There shall be an executive departmentknown as the department of repairs and supplies," which shall have cognizance of building wharves and piers, and of all repairs and supplies of and for wharves and piers, public pavements, repairs to public buildings, and to fire engines and apparatus of the fire department, and the chief officer thereof shall be called the “commissioner of repairs and supplies." There shall be six bureaus or brauches in this department, and the chief officers thereof shall be respectively denominated the “superintendent of wharves and wiers," “superintendent of repairs to public buildings,” “superintendent of pavements,” and “chief engineer of the fire department.” There shall be an additional bureau in this department, the chief officer thereof shall be called the “superintendent of lamps and gas.' which shall have cognizance of procuring the necessary supplies for and of lighting the public streets, and, also, places lighted at the expense of the corporation; and there shall be an additional bureau in this department, and the chief officer thereof shall be called ihe “superintendent of markets," which shall have the control and regulation of the public markets and the transferring of butchers' stalls in the same.
0 11. There shall be an executive departmentknown as the “ Croton aqueduct department,” which shall have charge of the Croton aqueduct, its reservoirs, and the other constructions connected therewith. It shall have cognizance of all repairs to the same, and of the laying of the water pipes in the streets of the city, and of the collection of the revenue arising from the sale and use of the water ; the chief officer thereof shall be called the “commissioner of the Croton aqueduct." There shall be a bureau in this department, the chief officer of which shall be called the water register.” There sholl be a bureau in this department, the chief officer of which shall be called the "water purveyor.” But nothing coutained herein shall be construed to prevent the water commissioners from completing the aqueduct according to law.
Ø 12. There shall be an executive department known as the “ alms house department,” which shall have cognizance of all matters relating to the alms house and prisons of the said city; the chief oflicer thereof shall be called the "commissioner of the alıns house department." There shall be bureaus in this department, the chief officers of which shall be called the “superintendent of the alıns house," "superintendent of the penitentiary," " superintendent of the city prison,” and
superintendent of the nursery," and council and attorney to the alms house department," and the common council should provide by ordinance for the appointment of such physicians as they shall deem necessary.
ộ 13. 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 go 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, &c., connected with the finance department; and the chief officer thereof shall be called the “counsel to the corporation.” The heads of the various other departments shall report to the "counsel to the corporation," as often as it may be necessary and at least once a month, and to the common council at the commencement of each stated session, all cases occurring within their departments requiring legal advice or action. There shall be a bureau in this department, the chief officer of which shall by called the " corporation attorney.” There shall be a bureau in this department, the chief officer of which shall be called the public administrator."
ý 14. All fees, costs, perquisites, or emoluments for any services performed by any of the city officers in any business in which the city shall be concerned, shall be monthly paid over by such officer into the city treasury, upon oath, and no ofhicer shall be entitled to receive his salary till he shall file his affidavit with the comptroller that he has faithfully accounted for and paid over all moneys for which he is bound to account.
Ø 15. It shall be lawful for the common council of said city to establish such other departments and bureaus as they may deem the public interest to require, and to assign to them and those now created such duties as they may direct. 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 madle covering such expense ; and no head of a department, head of bureau, deputy thereof, or clerk iherein, shall be directly or indirectly interested in any contract, work, or business, or sale of any article, the expense, price, or consideration of which is paid from the city or county 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 city, or which shall be sold for taxes or assessments.
Ø 16. The heads of departments shall be elected every two years by the people. In case of vacancy of any of said heads of departments, by removal from office or otherwise, the mayor shall appoint a person to fill the same until the vacancy shall be filled by the electors, at the next charter election. The number of officers and clerks in the several departments may be prescribed by the common council.The heads of departments shall appoint the clerks in their immediate office. The heads of bureaus shall be nominated by the Mayor to and be approved by the board of aldermen, and the heads of bureaus shall appoint all clerks in their respective bureaus. All officers not herein provided for shall be elected or appointed in such manner as the common council shall by law prescribe, but in no case shall such appointment be made by the common council or any member thereof. Any officer of the city government, except the mayor and members of the common council, may be removed from oflice by concurrent resolutions 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 three fourthis of the whole number of both branches vote therefor; and provided, also, that the cause for such removal shall be entered at large upon the journals of both branches of the common council.
ø 17. The several executive departments and the officers and clerks thereof, shall be subject to the legislative regulation and direction of the common council, 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 suchsugges. tions in relation to the improvement thereof, and to ile public business connected therewith, as they may deemn advisable.
Ø 18. 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, till the vacancy shall be
supplied by the electors of the ward at the next election.
$ 19. All valuations of real estate by the assessors of a ward, or by the board of assessors, shall be final and conclusive as to the amount thereof. 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 the city taxes, shall be made between the first day of January and the first day of May in each year.
Ø 20. No property, right, privilege, or franchise belonging to the city, shall be sold otherwise than at public auction, on public notice ; and every right, privilege, or tranchise granted or let by the corporation, shall be subject to the supervision, regulation, and control of the common council. The ferries of the city of New York, or the right of ferriage, shall not be let and disposed of otherwise than at public auction, on public notice; and no ferry shall be let for a longer term than seven years.
0 21. Such of the docks, piers, and slips, or parts thereof belonging to the city, as it shall be determined by the common council shall be let, shall be divided into and let by districts at public auction, and the advertisement of the letting thereof shall clearly define the property to be leased.
♡ 22. All contracts to be made or let by authority of the common conncil, for work to be done, or supplies to be furnished, and all sales of property in the custody of the several departments, shall be made by the appropriate heads of departments, under such regulations as shall be established by ordinances of the common council.
♡ 23. In all contracts for making sewers, wharves, piers, bulkheads, and all other public works for the city, the parties contracting, shall give a bond to the corporation, with two sufficient sureties, to be approv. ed by the comptroller, for the faithful performance of the contract, and shall allow twenty-five per cent. of the contract price of the work actually done to remain as security till the whole work be completed according to the contract; and subject to these conditions shali be entitled to receive monthly not exceeding in the aggregate seventy-five per cent. of the price of the work actually done according to the contract. ♡ 24. In all cases where the public work or business is done by contract, provision shall be made in such contract that satisfactory evidence shall be given, in writing, to the comptroller, that all persons who have done work or furnished materials for such contract have been fully paid therefor according to their agreements with the contractors, before the last instalment due on such contract is finally paid ; or that ample and sufficient security, to be approved by the comptroller. shall be given by the contractor to the comptroller that all snch demands for work or materials shall be paid within one month after the settlement on such contract.
♡ 25. It shall be the duty of the common council to provide by law for ascertaining whether any, and if any, how much, is due to any person upon any such contract, (provided the demand for the same is exhibited within one month after the completion of such contract,) and when such amount shall be ascertained, it shall be paid by the comptroller; provided the whole amount thereof shall not exceed the annount of such last instalment, and the amount so paid shall be retained out of said last instalment, or if such last instalment shall have been paid to the contractor, the bond given upon such payment shall be prosecuted for the recovery thereof, in the name of the corporation. In case such last instalment or the amount recovered on such bond is not sufficient to pay the whole amount due upon any ench contract by the contractor, then the same shall be divided among the persons to whom such contractor is indebted to pro. rata.
ý 26. Whenever private property shall be taken for public purposes, or by chartered companies, or other. wise, and the value at which the same shall be estimated by the cominissioners of estimate and assessment shall not be satistactory to the owner thereof, he may demand that said value be found by a jury, and the same shall then be submitted to a jury in one of the courts in the city, in such mauer as the common council shall by law direct, and the value so found by the jury, after the same shall be confirmed by the court, shall be the value which the said owner shall be bound to accept.
$ 27. All officers of the city government, executive, administrative, or judicial, and all judges and clerks in the several courts of the city, shall receive a stated salary or a per diem allowance for their services, which shall be fixed by the common council, and shall not, after the first day of July, 1847, receive to their own use any fees or compensation for the same. And all fees or charges paid to them according to law for the performance of any duties appertaining to their offices, shall be paid by them monthly into the city treasury. But this section shall not apply to the fees of clerks of courts for searching for judgments before and including the year 1850, and nothing contained in this charter shall be construed 10 deprive any alderman or assistant alderman of any compensation to which he shall be entitled by virtue of his office. And every person elected or appointed to any office under the city government, shall take and subscribe an oath or affirmation before the mayor or any judge or justice in the said city, faithfully to perform the duties of said office, which oath or affirmation shall be filed in the office of the clerk of the city and county.
Ø 28. All officers, elerks, or other persons, to whom the receipts of the funds of the city shall be intrusted, shall, at least once in each month, or at such shorter period as the common council may direct, pay over all such moneys to the treasurer of the city, under oath or affirmation. All officers, or other persons, to whom the receipt or expenditure 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 conncil may by ordinance prescribe, which shall be annually renewed, but the security first taken shall remain in force until renewed.
Ø 29. When the affidavit of the mayor shall be filed in the office of the county clerk, setting forth that he verily believes that any person giving such security as mentioned in the last preceding section, is a defaulter, it shall be the duty of the comptroller forthwith to institute a suit for the recovery thereof, and such bond or security, from the time of filing such affidavit, shall become a lien upon the real estate of the principal and sureties therein for the amount which may be recovered in such suit; when the amount of such defalcation shall have been paid or settled by the principal or his sureties, or when it shall be finally determined that no such defalcation has taken place, it shall be the duty of the comptroller to file a certificate to that effect with the county clerk, and from and after the filing of such certificate, such lien shall cease.
Ø 30. 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 charler, 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.
Judicial Amendment. ♡ 1. The assistant justices' courts of the city of New-York, now constituted by law, shall continue to exist, and the assistant justices and clerks thereof, who may be in office at the time of the passage of this act, shall continue in office until the expiration of their present term of office, and until their successors shall be elected and qualified. The said assistant justices and their clerks shall thereafter be elected by the people of the city in such manner as the common council shall by law prescribe, and they shall hold their offices for four years; but if any vacancy shall occur in either of the said offices before the expiration of the term thereof, the same shall be filled by the mayor, by and with the consent of the board of aldermen, and the person so appointed shall hold the office until his successor, elected at the next succeeding election, shall be qualified.
♡ 2. The jurisdiction of the marine court and assistant justices' courts of the city of New-York in civil causes, shall, in addition to the jurisdiction now exercised by them, extend to actions brought for the recovery of the sum of one hundred dollars and under; such marine court and assistant justices shall also have jurisdiction of all actions of trespass, other than trespass upon real property where the title to such property
is involved; and, also, jurisdiction of all actions for false imprisonment, libel, slander, and assault and battery ; provided, however, that such marine court and assistant justices shall not in any of the above enumerated cases render a judgment for damages to a greater extent then one hundred dollars; and provided the assistant justices shall have no jurisdiction for mariners' wages, or for a marine tort.
0 3. Each of the clerks of the assistant justices? courts and the clerk of the marine court shall demand and receive from the party for whom the services are rendered
First-In all cases where the damages claimed shall amount to twenty-five dollars, or under, the following fees, to wit,
For every summons, twenty-five cents, to be paid upon the issuing thereof.
For every trial fee, seventy-five cents, to be paid before the trial shall proceed.
For every execution, twenty-five cents, to be paid upon the issuing thereof.
Second-In all cases where the damages claimed shall amount to twenty-five, and not over fifty dollars, the following fees to wit:
For every summons, thirty-seven cents, to be paid upon the issuing thereof.
For every trial fee, one dollar, to be paid before the trial shall proceed.
For every execution, thirty-seven cents, to be paid upon the issuing thereof.
Third-In all cases where the damages claimed shall amount to over fifty dollars, the following fees, to wit:
For every summons, fifty cents, to be paid upon the issuing thereof.
For every trial fee, one dollar and fifty cents, to be paid before the trial shall proceed.
For every execution, fifty cents, to be paid upon the issuing thereof.
And in addition to the above, the said clerks shall also demand and receive, in all cases, the following fees, to wit:
When a jury shall be demanded, the party requiring the same shall pay a fee of one dollar before the order for such jury is entered.
For each adjournment, twenty-five cents, to be paid previous to the entry thereof.
For each transcript of a judgement, twenty-five cents, to be paid upon the giving thereof.
For each subpæna, twelve cents, to be paid upon the issuing thereof.
For each bond filed, twenty-five cents, to be paid upon the filing thereof.
For each written affidavit, twenty-five cents, to be paid upon executing the same ; and in all actions for false imprisonment, libel, slander, and assault and battery, the said clerks shall demand and receive, in addition to the above, one dollar for trial fee, to be paid upon joining issue ; and shall once in each month, or at such shorter periods as the common council shall direct, pay over all such fees to the chamberlain of the city, and at the same time furnish a statement in writing, under oath, together with a receipt from the chamberlain to the comptroller of the said city, and the said statement shall contain the title of each suit cominenced and the amount of fees received thereon. All costs which are now allowable by law, in any suit in the marine court and in the assistant justices' courts of the city of New York, in all civil cases, except the fees mentioned in this section, and excepting also the fees allowed to constables, witnesses, and jurors, are hereby abolished, from and after the first day of July, 1847.
0 4. The common conucil may provide for the appointment of one or more additional clerks in any one of the assistant justices' courts, marine court, or police courts, and for the election of additional assistant justices.
♡ 5. No justice of the marine court, or assistant justice, or clerks of said courts, shall be permitted to engage in the practice of the law, or be interested in any partnership for the transaction of law business ; and the violation of this provision shall incur a forfeiture of such office.
6. Whenever a transcript of any judgment rendered by the marine court or by any one of the assistant justices' courts of the city of New-York, shall be filed in the office of the clerk of the said county, the same shall become a lien upon all the real property and chattels real of the party against whom the same was
rendered, to the same extent as though such judgment had been rendered in the court of common pleas of said county. The collection of such judgment may be enforced in the same manner as if rendered in the court of common pleas.
7. The common council shall, on or before the first day of July, 1847, establish by law the salaries of all judges, justices, clerks of courts and other officers whose salaries are by law to be paid out of the city or county treasury; and from and after the said first day of July, 1847, no such judge, justice, clerk, or other officer shall be entitled to take or receive for his own use, directly, or indirectly, any costs or fees for any service, of any description, which he may perform as such judge, justice, clerk, or other officer, or by virtue of his holding the oflice of judge, justice, clerk, or any other office; but this section shall not apply to the fees of clerks of courts for searching for judg. ments before and including the year 1830.
Ø 8. The several special justices for preserving the peace, and the justices of the marine court, and their clerks now in office, shall continue in office until the expiration of their present term of office, and until their successors in office shall be elected and qualified; and from and after the first day of January, one thousand eight hundred and forty-eight, there shall be such number of police justices and justices of the marine court as the common council shall by law prescribe, who shall possess all the powers of the special justices for preserving the peace in and for the city and county of New-York; and such number of clerk's of police as the common council shall by law prescribe, who shall, in like manner, have all the powers and duties of the police clerks in the said city.
ý 9. The said police justices, and the justices of the marine court and their clerks, shall be elected by the people in such manner as the common council shall by law prescribe, and shall hold their offices for four years; but if any vacancy shall occur in either of the said offices before the expiration of the term thereof, the same shall be filled by the mayor, by and with the consent of the board of aldermen, and the person so appointed shall hold the office until his successor, elected at the next succeeding election, shall be qualified.
Ø 10. On and after the first of January, 1948, there shall be held in each of the police offices of the said city, every day at 9 o'clock in the forenoon. (Sundays excepted) a court of special sessions, which shall be invested with all the powers and jurisdiction within such district, which are now conferred and shall be subject to all the duties now imposed by law upon the existing court of special sessions in and for the city and county of New-York. Such court shall be held by a police magistrate, together with two of the aldermen of said city, which aldermen shall receive in addition to the salary herein provided, one dollar for each day's attendance. One of the police clerks shall be the clerk of such court, and shall perform all the duties now imposed by law upon the existing court of special sessions of said city, and it shall be lawful for the common council to make such laws and regulations in reference to the duties of such police clerks and the return and collection of all tines imposed by such special sessions as they shall deem proper. The court of special sessions now existing shall be abolished from and after the first day of January, 1848.
Ø 11. Whenever the duties of any office named in this charter can be dispensed with, without injury to the public interests, the common council shall have power to abolish the same.
Ø 12. All the provisions of the foregoing amendments, denominated: Article I.-Legislative Amendment; Article II.-Executive Amendment; Article III.-Judicial Amendment; except the second section of said Article I., shall go into effect on the first day of July, A.D. 1847 : which said second section, together with this section, shall go into effect immediately after the passage of this act; and the common council then in office shall pass all necessary laws to ensure the election of members of the board of assistant aldermen in the respective wards in single election districts. Provided, however, that the charter officers in office on the first day of July, A.D. 1847, shall remain in office until the first Monday of January, A. D. 1843, at noon, and no longer; and the first charter election held under this act shall take place on the day of the general state election in the year 1847; and the officers then chosen shall enter upon the discharge of their duties on the said first Monday of January, A. D. 1848, at noou.
Done in convention, at the City Hall, in the city of New-York, the twenty-sixth day of October, in the year one thousand eight hundred and forty six, and of the independence of the United States of America, the seventy-first.
In witness whereof, we have hereunto subscribed our names.
ABRAHAM V. WILLIAMS, President,
And Delegate from the Twelfth Ward.
B. J. Meserole,
Joel Kelly, George H. Purser, J. H. Cook, Jno. W. Avery,
Daniel D. Briggs, Lymun Candee,
Stephen Hasbrouck, Eml. B. Hart,
Edward S. Innes, Shivers Parker,
Henry E. Davies, James McGay,
Erastus C. Benedict, Robert H, Maclay,
Edmund J. Porter, Chas. H. Dougherty, Theodore Martine, James B. Greenman,
Frederick R. Lee, David A. Fowler, Robert B. Boyd, Richard T. Compton,
Thomas McSpedon, John R. Flanagan, Henry A. Beach, David C. Broderick, George W. Varian.
The delegates elected by you to form a new or revise and amend the present charter of the city of New-York, have discharged the duty imposed upon them, and herewith submit to you for your adoption or rejection the result of their deliberations.
The daty your delegates were called upon to perform was of no inconsiderable importance, and one encompassed with many and varying difficulties.
In determining the extent to which their work should be carried, they were deeply impressed with the importance of retaining the presentchartered rights of the city, and came to the conclusion that they ought not to endanger those rights and the privileges now possessed by the city, by again submitting them to legislative ordeal!!!!!
The convention, therefore, determined to retain our present chartered rights, privileges, and franchises, and to revise and amend the present charter in such particulars as they deemed the public sentiment demanded a change.
The convention now submit to the people of the city thre separate articles for their consideration, and which, in compliance with the requirements of the law calling the convention, have to be submitted to the electors separately, and so be voted upon by them. It will, however, be obvious, that a rejection of any one of the amendments will greatly mar the harmony and usefulness of the others, and if either does not meet your approval, it would, doubtless, be better that all should be rejected.
We feel an abiding confidence, however, that a careful examination of the amendments now submitted, and a comparison of them with the existing provisions of the city charter, will secure for our labors your cordial approbation and support.
The convention propose
That the corporate name and franchises of the city be retained as they now exist, except as modified by the amendments they have adopted.
That the executive power of the city shall be vested in the mayor and the heads of the various departments. That the powers and duties of the mayor shall be the same as now existing. That there shall be eight departments for the transaction of the business of the city, with appropriate and necessary bureaus.
The Municipal Department, to have the general charge of the archives of the city, documents and papers of the common council, all laws passed by the same, and to have charge of the seal of the city and mayoralty, and to affix the same according to law.
The Police Department to have the charge of the police of the city, under the general supervision of the mayor.
The Department of Finance, to which appertains all the fiscal concerns of the city. The head of this department is the comptroller, who, in addition to his general supervision of the finances of the city, is to make full and detailed reports of the city expenditures.
The Street Department, having charge of the streets, sewers, &c., and all matters appertaining thereto.
The Department of Repairs and Supplies, to which treasury, will ensure a fund adequate, in our judgment, is committed all matters of repair to public property, nearly sufficient for the support of these courts, and and the management and control thereof.
thus relieve the city from the hitherto great expense The Croton Aqueduct Department, having charge of maintaining them. of the Croton Aqueduct, and matters relating thereto Our city treasury will also be relieved of a great and connected therewith.
expense, and prompt and efficient punishment follow The Alms House Department, having charge of the the commission of crime, by the daily sitting of the Alms House and the city prisons.
police courtr, who will perform all the duties now doThe Law Department, to which is committed all the volving on the court of special sessions, which now legal business of the city, or in which it may be in- meets only twice in each week, and cannot dispose terested.
of the criminals then ready for trial. They have The heads of these various departments are to be consequently to be detained, at a large expense to elected by the people for two years, and the heads of the city, the guilty with the innocent; a system alike the bureaus in the several departments aro to be ap- injurious to the interests of the city and the cause of pointed by the mayor, on nomination to and approval
morals and good government. by the board of aldermen.
We have also inserted a provision for the future
The legislative power of the city is to be vested in we have suggested for your consideration. The con-
The delegates have applied themselves to the trust The common council are hereafter to hold three committed to them with all the assiduity in their stated sessions in each year, and to pass all such laws power, and with a profound conviction of the imfor the management, good government, and general portance and great responsibility of the duties imposed welfare of the city, as they may deem expedient, not
on them. inconsistent with or prohibited by the constitution of
If the result of their labors shall meet the approving the United States, or the constitution or any law of voice of their constituents, the convention indulges this state. The usual powers of legislative bodies are the confident hope, that, for the future, our municipal conferred upon both boards, who, together, form the affairs will be so administered as to advance with common council of the city, and are, in all cases, to rapid strides the glory and renown of our commercial act separate and distinct from each other, and have a metropolis, and secure to every citizen thereof the negative on each other's proceedings.
end and aim of all true governments-equal proWe have imposed many restrictions on the powers tection in the enjoyment of their inalienable rights, of the common council, to which we invite your par- "life, liberty and the pursuit of happiness." ticular attention, and the operation of which will, we By order of the convention. think, indace a rigid economy in public expenditure,
ABRAHAM V. WILLIAMS, President, a more careful protection of the rights and property of
And Delegate from the Twelfth Ward. individual citizens, and the just preservation of per
D. T. VALENTINE, sonal liberty:
Jonn A. STEWART,
Very many of the provisions of the draft of the frequent elections. It is conceded on all hands, that proposed bill for amending the New-York City Charthe change of the time of our charter election from
ter, are repugnant to the provisions of the Constituthe time of the general election to the spring of the
tion recently framed by the State Convention and ypar, has entirely failed in the only object of that change-tho separation of our city affairs from the in- since confirmed by the votes of the people of this state. fluence of general politics.
The act which provided for a City Convention was We believe that better and more competent persons will be selected to fill our city offices, if they are
not applied for to the Legislature by petition of the chosen at the time of our general election, at which
citizens of the City of New-York, but was by bill inthere will always be a full vote, and the attention of troduced into the Legislature by Mr. Stevenson, a the public is then more generally attracted to the quali- member from the City. This bill was subsequently fications of their agents. The provisions for paying off the city debt and
amended, but still retained an objectionable provi. preserving inviolate the faith of the city, cannot fail, sion, which was in providing that a special election we believe, to secure your cordial approbation. We should be held for the purpose of electing members believe that our efforts to secure the prompt and faithful accountability of all the public officers, the taking
for the City Convention ; and a special election was from them all fees and perquisites of office, and secu.
held within twenty-two days after the bill was pass. ring to all a fixed salary, adequate to the services ren- ed into a law; and consequently, but very few per dered, are salutary reforms, and will be alike beneficial to the public and the individual officer.
sons attended the polls. The members should have We have inserted, in the amendments now laid
been voted for at the general election, and the citibefore you, provisions in relation to work done by zens should have had full notice. The Convention contract for the city, the effect of which, we think,
completed their labors, as appears by the date of will be eminently useful. It has long been a just cause of complaint that none but men of wealih or
their draft of the bill here given, on the 26th of Octoinfluence could obtain a contract from the city, and ber; and the people had but seven days from that that in too many instances the day laborer, through date to the election, to examine the draft of the bill, chicanery and fraud, was deprived of the fruits of his toil. Believing that it is especially the duty of the
and vote upon it. government to legislate for the protection of the weak A bill to amend the Charter of the City of Newagainst the machinations and fraud of the strong, we York, should embrace all the provisions of law rehave directed our attention to the remedies proper to correct these evils, and we confidently hope our
quired for the administration of the City Govern. efforts in this respect will not have been in vain. ment; and all laws in the premises theretofore enacted
The propositions in reference to the justices of the should be repealed by chapter and verse-in fact, it city, both police and civil, are the result of careful should be a whole and a new charter: and whatever deliberation, and if adopted, cannot, in our judgment, fail to be valuable improvements.
powers it contained, should be plainly stated; and The increase of the jurisdiction of the civil courts
the exercise of any powers not granted, should be was called for by public sentiment, and the arrange
plainly and clearly prohibited : then there would be no ment of fees, and their prompt payment into the city | danger of misconstruction. We may review it hereafter.