Newspaper of The New York Herald, October 27, 1846, Page 1

Newspaper of The New York Herald dated October 27, 1846 Page 1
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TH] vol. *ii. No. smh-wiuu* no. ?f 3i. AMSXTOBKSITVS TO THIS C11AKTKK OP TM CITY OF NEW YORK. ARTICLE I. Ltfitlativt ^imendrntnt. Th? corporation or body corporate, now txiiiinc nown by the name of "The Mayor, Aldermen, and t p .c tonally of the city of New York." ahall remain and me to be a body politic and corporate in fact and in by the came of " The Mayor, Aldermen, and Comty of the city of New York, and by that name ahall nerpetual *ucce??ion. and be able to (tie and be i to plead and to be impleaded, te antwer and to be >< red, to defend and to be defended in all court* and ,w , in all manner of action*, mitt, complaint*, plea*, te.: i, matter*, and demand* whatoTer, and of what na-* n l kind whatever, in aa full and ample manner and to i. a* any citizen ; and shall be capable to take, pur. hold, receive and enjoy ; and to*ell,demi*e,mortk aiiien, diipete of, and convey in fee, for life or ;? -t or for year*, or in any other manner, any property, real r penonal, of what nature, kind, orqnality wbatao re and may and (ball have and uie a common aeal. au may alter or change the tame at their pleaaure ; and : . , have and continue to exerciie and enjoy all the i.ghta, immunitiei, power*, privilege* and francbiae*, .<t- fore and hitherto belonging to it; and ihall have vwri' to make all needful lawa. by-law* and regulation* lor *ke municipal government of said city, and forth* lay log, anaeaaing and collecting all taxe* aeceiaary for .be ; . ymcnt of toe expenae* or the city government. 1 The legialative power ahall be hereafter veiled In ' ir.l ol aldermen, and a board of aniitant -OCnan, who ihall form the common council of >- eity. The board of aldermen ihall comiit of ordderman from each ward, who thall be elected by > ropl* of the reipective ward* annually. The board of mutant aldermen ihall comiit of member* elected r\;ii (illy in the reipective ward*, in loparate aingle diain the proper ion, a* nearly a* may be, of one r?rt; er to each tenthouiai d inhabitant*; if the fraction i awy ward ihall amount to Ave thomand, luch ward id.gtt?e entitled to a member for th* *ame; if the free' miele** ahall not be entitled to mm'.iber; but each ward ihall have at leait one repreT 'dtive ir the board of aniitant alderman. An appor> ionwent of member* of the board of a**i*tant aldermen ii.l' be made by the common council, at leaitiix week* v. > the election to be held next after the adoption of k'*l|harter, and at it* firit aeiaion after the return of ever, enumeration provided tor by the constitution of ?K:?_i j- -L_ii _ .? ->< una iiwic. uiu nuBu iiimo, bunii ifniB'ii unauerca anm another itate enumeration ihall have .been taken. The common council may provide by law, lor the divition of the city into common council election diatricta, each district containing a? near aa may bo, au equal number of inhabitants, which said law, after being so passed, shall be submitted to the electors, and if approved by a majority of the voters, the same shall become a law. Each district shall thenceforth be entitled to elect one alderman and one assistant alderman, and such other charter officers as may hereafter be provided for by law. No person shall be a member of either board, except while lie shall be a resident of the ward or district for which he is chosen. & 3. The annual election for charter officers shall be held on the day of the general State election, when all charter officers elected by the people shall be chosen, and the officers elected shall be sworn into office on the first Monday of January thereafter, and the laws of the State regulating elections shall apply to elections of charter officers, and the Common Council may by law extend the time for the canvass of the votes. ^4. The Common Council, during the year one thousand eight hundred and lorty-seven, may hold such see sions, and as often as each Board shall by resolution apnnlnl* hnl Korenfter *Ka I 'ommnn f *Aiinitil ?* ?" w... v?w x/vuiuivu vviiuvii auati auuumij hold only three stated aeuion*, of not exceeding one month etch, commencing on the first Monday of January, May and September. The Mayor ahall convene the Common Council at any time between the aeaaiona, if, in hit judgment any exigency ahall have ariten to render to render euch a proceeding necessary, or at the request, in writing, of a majority of the memberi elected to each Board, apecifying the purposes for which auch meeting ia called; in which cake the action of the Common Council ahall be confined to the mattert in referrence to which it ahall have been ao convened, or to auch other mattera aa may be aubmitted by the Mayor for ita cooaidoration, during auch aeuion, and the reapective Boards may adjourn, from day to day, until auch buainess ahall be completed 6 6. The Boarda ahall ait in separate chambers, and the doors ahall be kept open,except when the public welfare ahall tequira aecreay. A majority of each ahall be a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members. Eac? Board ahall appoint a presiuent from ita own body, ahall choose its cletk and other officers, determine the rules of its own proceedings, be the judge of the election, returns, and qualifications of its own members, keep a journal of its proeeedings. have power to direct special elections to fill its own vacancies, to compel the attendance ofmembera, to punish them for disorderly conduct, and to exoel a member by a vote of two-thirds of the members elected, after five days notice and opi ortunity of being heard has been given to him; hut such resolution of expulsion shall be of no effect, unless it contain a provision for a special election within two weeks thereafter, to supply snch vacancy ; provided, however, that such special election shall not be ordered unless there be at least twenty days ol the term of the expelled member unexpired. The two boards shall have concnrrent powers and a negative on each other's proceedings, and shall, in all cases, act as c|iitmiu uuuirs. >nu iiiui uui appoint joint committees, except a committee on accounts. Each board may origi nate, amend, concur in, or reject any law, ordinance, or resolution ; but no law, ordinance, or resolution shall pass either board, except by a majority of the members elected. Neither board shall adjourn lor a longer period than three days, except by a resolution to be concurred in by the other body. ? S Every act. ordinance, or resolution which shall have passed the two boards, shall, before it shall take effect, be presented, duly ceitifi'd, to the mayor of the city. If no approve, he shall sign it; if not he shall return it with his objections to the board in which it originated, w ithin ten day a thereafter ; or if such board be not then in session, at its next stated meeting. The l>oard to which it shall be so returned,shall enter the objections at large in their journal, and causo the same to be published in one or more of tbe public newspapers ol the city. The board to which such act, ordinance, or resolution shall have been returned, shall, at a meeting not less than eight days thereafter, proceed to reconsider the same. If after such re-consideration, two-thirds of all the members elected to such hoard shall agree to pass the same, it shall be sent, together with the objections, to the other board, by which it shall be likewise re-considered ; and if approved by two-third* ef all the members elected to eucn board, It shall take effect as an act or law of the Common Council. In all such cases the votes of both boards shall be determined by ayes and noes, and the names of the persons voting for and against the passage of the measure re-considered, shall be enter ed on the journal of each board respectively. ^7. All laws, resolutions, or ordinances providing for any specific improvement, or involving the sale, disposition, or appropriation ef public property, or the expenditure of public moneya, or the income therefrom, or be tent to the- other boarp or to the mayor, and immediately after the adjournment of the board nest after the passage thereof, be publiihed, with the ayea and noea, with the name* of the peiaona voting lor and againat the tame, by the clerk thereof, in at leaat two ncwapapera, to He directed by the common council; and no act, leeolution, or oidinance which ahall have paaaed one board, shall be acted upon by the other board on the same day, unleaaby unanimous consent, escept incase of invasion, insurrection, or pestilence. If any ordinance or resolution, pasted by both boards, shall not be returned by the mayor within ten days (Holidays excepted) after it she 1 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 Ave days sfter the commencement of the next session of the common council i) 9 Annual and occasional appropriation shall be made by the common council, by law, for every branch and ohiect of eitv e*n?nditur?- anrl nn mnno* ak.n w- j ^ J , ??- ?? U1WMTJ mumlA UO UIIWII from the treasury except the Mme shell have been prev ously appropriated to the pnrpoee lor which it was drawn; nor unless the appropriation shall be based upon specific end detailed statements, famished in writing by the several heeds of departments. Kvary warrant dtawn 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 tha same in anticipation ol the revenue for the year in which the same shall be bonowed,and shall provide in the same law for repaying the same out of such revenue; but meney 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 chatter election. ^ 11. The common council shall have power, and it shsdl be their duly, annually to lay and raise by tax on the real and personal property in the city, whatever amount ol money may tie directed to bo raised by tha laws ol tha a condition for tha receipt of the portion of the State school fund apportioned to tha city; and also, suoh further amount as may be necessary toi the support ol common schools; and for the erection, purcbeeo, or letting of school houses, and the procuting sites therefor, and the fitting up theieol. The common council shall have power, and it shall he their duty, to peaa ail proper and ueceaaary laws lor the imposition, assessment, and collection ol the city taxes on any proparty, real and personal, in tha city ; for tha regulation and collection of the city revenue, and all money* due to tha city; for the car#, regulation, impiovemeot, and sale of the city property, real and personal; for tha laying out, making, opening, widening regulating, and keeping in repair all streets, roads bridges, fairies, public places, end grounds, wharves lochs, piers, slips, sewers, wells, snd alleys, and for making the assessments therelor; for regulating and collacung wharfage, dockage, and cranage from and upon 11 water craft, and all good* landed ; lot the extending, keeping up, and impairing all the nec essary means lor supplying the city with water, and for collecting a revenue therefrom ; lor securing the protection, health, cleanliness, ornament, peace, mid good order oi tb* city ; lor the caie and regulation of the prisons, markets, houses of correction, alms houses, and asy lums ; for the support and regulation of all vagiants end paupers; for tha establishment ami regulation ol houses of industry, of workhouses for the employment of paupers, vagi eats, and idle and diaerdarly persons ; lor the prevention and extinction of fires i for tha regulating fireman, watchman, constables, marshals, Md policeman \ for Ucanrlng snd ngulsting ?u such vshtales, trades, arts, ocsupe E NE NE' I OUR AH *0 ^ JV\v tiona, profeaaiona, and employment m the public good may require, and far revoking auch licenaea ; for regulating the arriving, landing, bonding, and commutation of paaaengera ; for regulating emigrant boarding houaea, paaaengar agenta, runnera. and alTether peraona engaged in the buaineaa of bringing, or keeping, or forwarding emigrant a ; for regulating common acnoola and providing for their aupport, and all auch other lawa for the management, good government, and general welfare of aaid clty.aa are or may not be prohibited by or ineomiatent with the conatitution of the United State a, or of thia Stale, or any law thereof; and to efflx penaltiea to the violation of any city law, but auch penaltiea ahall in no inetance exceed imprisonment in the city priaonfor aixty day a and a fine of two hundred and fifty dollar*. ? 13. The common council ahall have no power to emit hilla of credit, or paper currency of any deeeription, nor to loan the credit of the city, aubaeribe to the atocgofanv aaaoc.iation or ? * crease the funded debt of the cite, unlesi the law for that purpose be Brat approved by the people of the city at a general election <} IS. The board of aaiiitant aldermen ahall have tbe sole power of impeachment, and pending auch impeachment and until tbe Anal disposition thereof, the party impeached ahall not azerciae any of the function! of hia ofiico The board of aldermen ahall have the aole power to try all impeachmente, and when ait ting for that purpoae, they ahall be on oath or afllrmation and no peraon ahall be convicted without the concurrence of two thirde of all the membera elected to aaid board.? Judgment, in caee of impeachment, ahall not extend further than removal from oAlce and disqualification to hold any office under the city charter ; but the party convicted ahall be liable to indictment, trial, judgment, and puniahment according to law. () 14. No member ot the common council ahall, during the period for which he waa elected, be appointed to or competent to hold any office, the emolumenta of which are paid from the city or county treaaury, or by lee* directed to be paid by any act er ordinance of the common council, or be directly or indirectly intereated in any contract, work or buaineaa, or the aale of any article.tbe expenae, price, or consideration of which ia paid from tbe city or county treaaury, or by any aaaeaement levied bv any act or ordinance of the common council nor ahall any member of the common council be directly or indirectly intereated in the purchaee of any real estate or other property belonging to the corporation, or which ahall be sold for taxee or aaeeaamenta. (j IS. Every law enacted by the common council aball embrace but one aubject, and that ahall be expreaaed in the title. <) 16. No law ahall be reviaed or amended by reference to ita title ; but in auch caae, the act reviaed or section amended ahall be re enacted and published at length. (j 17. Tbe Common Council shall, immediately alter the Hnnlinn nf thia oKasdee *? ? ?1? ?, ~m- v??. ?!, )?w?ou iw r?Ti?? uie corporation ordinances, agreeable to tho provisions of sections fifteen and sixteen of thii article, end they ahall alio revise the city lawa every five yeara thereafter. ^ 18. The Aldermen ahall each receive aaalary of four hundred dollars* Tear, and the Aaaiatant Aldermen ahall each receive a aalary of two hundred and fifty dollara a year. ^ 19. All money now or hereafter to be receiveJ from the following aourcea, ahall continue to conatitute and form a fund, to be termed " The sinking fund of the city ol New Vork for the redemption of the city debt," until the whole ot the atocka of the oity of New York ahall bo fully and finally redeemed, vis s? 1. For commutation ot quit renta on granta. 3 For quit renta ariaing from auch grants aa were issued prior to 1804. 3. The net proceeds of all sales of real estate belonging to the city, when sold. 4. The net prooeeds of all bonds and mortgages payable to the city, when collected. 6 For pawnbrokers' licenses and dealers in the purchase or sale of second hand furniture, metals, er clothes. 0. For hackney coach lioensea and stre< t vaults. 7. For exclusive ?vMi,eil?a ?f ? 1?1? and piers. 8 Kor market fast and markat rant*. 9 Tha proceed* of all hand* and mortgage* which may bare or anall become the property of tho city. 10. Such portion of Iho annual taxes levied in the city of New Yoik, a* may bo collected for the redemption of tho " floating debt atock and the Are indemnity atock of tho city of Now York " 1)90. All money hereafter to be received from the following aoorcoa, ah all continue tO|ba applied to and conatitute a fund, to be called " tha ainklng fund of the city of New York," for the payment of the in'ereat accruing and to accrue upon the aterka of tho city of New York, until tha whole thall be fully and Anally redeemed, vis 1. Kor intereat on all bonds and mortgagee owned by the corporation of tho city of Now York. -J Kor commutation of alien paeeougrra. 3 Kor mayoralty toaa. 4. Kor finoa and penalties. A. Kor tea* and One* collacted by clerka of courta for tko city 8. Kor rant* from all aourcaa not alroady pladgod. 7. For taeorn and excise lieenco*. 8. For aalea of all proparty of tho city oxcopt real 9. Such portion* of tho annual taxoa laviod in tha wafer diatrict in the city ol New York, aa may ha collected to supply tho deficiency of intereat accruing oa tha war tar atock ol tho elty of Now York Nothing herein contained shall ha construed to impair or afi'oot any plodga|heretofora made, and now existing, of any proparty ol tha city or ita proceeds, for the pay, mem of any atock or debts. yil.?Th# common council mey, from time to time, pro , viue by law that person! liable to eeoure tho city ot New ' York against the support of alien passengers arriving at j the port of said city, ahall, instead of executing bonds a* now required by law, pay to the said corporation a I sum of money not leas than ona dollar and not to exceed nee dollars, lor each paasooger, in commutation for said bonding The common council may, alao, by law, proI li s'T? i*.*U "* where any alien passenger is aged, decrlpld, orippiad, ar Mia, tha bond given lor such peeiSSsSHI Jp" W Y O W YORK. TUESDAY M( MAP OF THE FIELD OF it'W \ r \ t v 'x^\s "tu SALTILLO \ ^ t / < \ 1 \ HMtteOEOCIJOs V i // 'X \ / snurent/rerhSx **% / v*<. Pv\ '"i fHtkHlL I 0T> ^L. \ \jf Vv ZACATfeC/jS $ J ' ^ T C**t * rfl'1 *?T^V ,V/r^ ^ v/ y # \ f - I y ACUAS tit n*TfS L) / 5 A N LIJIS,.*""1* '/ X V-' " ? =^V f; C*G03% y ?? i U B*** f?>tfc 1 V y.ocLeoX j X' -1,?. SILAO o ^ * " " ^GUANAXUATO ^ N ?--^ salaka\caIT<c?K^ ~^9"| i ># t t i . y ,r*/' M L _.iT /S TO "N y?' V' -S ^ '?'f!7|.W.' 'W1' ' "*n'ii AA * V'Vav i w'A-'\..-J corporation may sue in the corporate name for inch remmutation money*, and on (aid bond, whenever and ai often * the condition if broken, and preacribe penaltiea for the non obaervauce or violation or the ordinance* paaaed under the authority hereby conferred, net excelling two hundred and fifty dollar* for each paeeenger, to whom aucb nnn-obiervance or violation may relet*, and make euch other provieion* by ordinance aa may be deemed neceiaary to carry into effect the authority afore aid. ^ 12 All *uch part* of the charter of the city of New Yoik, and the aeveral art* of the legislature amending or in any manner affecting the lame.aa are inconanteut with thi* act are hereby repealed,but *o much ami ivch part* thereof a* are not iaconeiitent with the proviiion* of thi* lew, ihall not be comtrued a* repealed, altered, modified, or in any form affected thereby ; hut ihall continue and remain in fuil lore* and virtue. V13. Whenever any amendment to thia charter shall hare bean pasted by a rota of two-thirds of the members elected to each board, it may be submitted to the electors of the city, and if approved of br a majority of them at any general or charter election, it ahall become a part of the city chartor. ABTICLB II. Executive jtmrndment. fj I. The executive power ot the corporation shall be vested in the mayor, the heads of departments, and such other executive officers as shall be, from time to time, created by law, and neither the common council, nor any committee, or member thereof, shall perform anv executive business whatever, except such as is or shall be especially imposed on them hy the laws of the state, and except that the board of aldermen may approve or reject the nominations of the mayor as herein provided. () i. The mayor shall be annually elected by the people at the annual eharter election. It shall be his duty : Fint?To communicate to the common council at the commencement of each stated session, and oftener, if he shall deem it expedient, a general statement of the situation and condition of the city, in relation to its government, finances, and improvements, with such recommendations in relation to the same as he shall deem expedient. Second?To be vigilant and activa in causing the laws and ordinanoee of|the government of the city to be duly executed and enforced, and to exercise a constant supervision snd control over the conduct snd acts of all subordinate officers, and receive aud examine into all such complaints as may be preferred against any of them for violation or neglect of duty, and generally to perform fill Itlfth rittHna am mane ha ??vnsuteik*.f ? Ul? W. eL? ter and city ordinances, and the law) of thi? atata, and tha United Stataa. ^S. Whenever there ahall be a vacancy in tlia office of mayor, and whenever the mayor ahall bo abaent from the city, or be prevented by aickneaa, or any other cauae, from attending to the dutiea of hia office, the prw aident of the board of aldermen ahall act aa mayor, and ahall poaaeaa all the right) and power* of the mayor, daring the continuance of auch vacancy, abaence, or disability, and ahall be atyled the " acting mayor." There ahall be an executive department to he called the " municipal department," the chief officer of which ahall he called the " city clerk " He ahall have charge of the archive) of the city, the ordinance), record), and pepera of the common council, and of the paper* and Journal* of the two board), which ahall be dapoaited by the reapective clerk* thereof l*t thia department at the end of each aeaaion of the common council, and of the record) and pepera filed in the mayor's office. He ahall receive and pay over to the chamberlain all moneya or revenue) which, by charter, law, ordinance, or usage, are paid in'o the mayor's oAce, or which have been heretofore received by the clerk of the common counoil; and shall have the charge and custody of the common seal of the corporation, and use the same according to law and the ordinances of the common council; and shall have the charge and cuatedy of the seal of mayoralty, and use the same uoder the direction of the mayor ; and ahall perform auch other duties aa ahall be prescribed by the common council. There shall b* a bureau in this department, to be nominated the bareau of health, the chief oflcer of which shall be called the '' city inspector " h A. There shall be aa asecutive department known a* the " police department," and the chief of police shall be the head thereof The municipal department and the police department ahall be subject to the supervision and direction of the mayor. ^ <1 There ahall be an executive department known a* the " depaitment of finance," which ahall have the management of all the fiscal eencera* of the corporation, and may prescribe the form* of rendeiingto it all city ac count* waaUoever, ud through which *11 claim*, demand* and account* in which the corporation 1* concern ad, *hall ba *etilad The chief officer of thi* department hall be called the 'Comptroller ol the city of New Voik." There ahall lie a bureau in thi* department, the chief officer whereof ihall t>* called the " Receiver of T*xe?." There (hall be a bureau in thi* d -pertinent, the chief officer of whieh abail t>e called the 'Collector of city Hevenue." There *ball, al*o, be a bureau in ihi* department, the chief officer of which ihall be the " Chamberlain of the City." t) 7. It (hall be the duty of the City Comptroller to report to the Common Council, at the commencement of each (tatad ineaion thereof, a full and detailed statement of all tha expense* and payment* of the city government inoe hi* last report, and tha amount of money expended and tha amount unexpended on each appropriation mad# by tha Common Council, and to publiin tha lime in two ol tha public a -wapapera ordered by the Common Coun. eil i and ha (hall, alio, at the expiration *f tha ftacal year, publiah a full and detailed itatement of th* receipt* and expenditure* of th* eity government, during the )ear ending on the flr?t day ol January in aach year, and in every euch annual itatement, the different aourceeofoity revenue, and th* amount received from each ; the several appropriation* mad* by th# Common Council, the object for which the mm were made, and th* amount of money a

expanded nnder each ; the money* borrowed on th* credit of the corporation, th* authority under which aach loan waa made, and th* term* on which th* earns was eb tained, end e detailed (totemeet *f the Indebtedness of th* city, and how muchjf nay, remain* unpaid,*hall 1m clearly and particularly *y*olfl*4, with detailed riatemant tf tha property miity th* Mty, RK I )RNING, OCTOBER 27, OPERATIONS IN MEXICO. >*7S- R SAN * >$MONTEREY ^ ***t4 I ttUUTA O^A^~s ' ^ c oT0_^cw(i 'Jtji Mr tco ""v^"" fr* Mpi2o%7y-\ *"**Z * / FRETARO f I 1 jl \f" /\! ?./>/ E/lv,v; | <\ ' EXICdtfe . // '.?? -f' - <?/. H Vorr , // CHALCO^U, \V . X X V \ % tA'Fti'r. BLA 'V-., - VERA C /y J1 * *Ji_ Cn / ) *"'t?S 1 ^ ^ % Hi' /J y. There shell be elected annually, immediately after the organization of each board of the common council, by ballot, in each board, a joint committee of account*, to consist of three member* from each board, whose duty it shall be to muel at least once a month and examine all the accounts of the finance department for the previous month, together with the accompanying voucher*, and report thereon in writing to both board* of the common council, at their next elated session. t;9. There shall be an executive department known r* the "street department," which shall have cognixance of opening, widening, altering, regulating, grading, and naving streets, digging and building well*, building public sewers, and the construction ofpubbUc road*, when done by assessment*, the Ailing of snakon lots, and of collecting the assessments connected with such expenditure*. the chief officer whereof shall ha called the "street commissioner." There shall be a bureau In this department, the chief officer whereof shall be called the "collector of es?es?meote." There shall he s bureau in this department, the chief officer of which shall be the "city surveyor," and in which there shall be an assistant city suirev or. It ah all be the duty of aaid officers ta make, for the use of the city, nil maps and surveys neces sary for assessments of every de-cription, and to file sway and preserve for the use of the city all maps and other property belonging tofeaid department; and the city surveyor and eesistant city surveyor, together with the tract commissioner, or assistant street commissioner, shall b* the commissioners tor making all estimates and assessments for opening, widening, grading, and altering all avbntiea end streets, and shall perform such other duties as shall dsvolve 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 shell be called the "superintendent of cleaning street* and sewers " <; 10. There shall be an executive department, known as the " department of repair* and supplies," which hall hare cognizance of building wharrei and pier*, and of all repair* and lupplie* of and for wharre* and pier*, pablic pavement*, repair* to public puildings, and to Are engine* and apparatu* of the Are department, and the chief officer thereof (hall be called the " com mistioner of repair* and supplies." There (hall be *i> bureau* or branche* in this department, and the chief oAlcer* thereof *hall be respectively denominated the "superiutendent of wharre* and pier*,'' " tuperintendent of repair* to pablic building*," " luperinteedent of pavement*," and '' chief engineer of the Are department " There (hall be an additional bureau in thi* department, the chief oAleer thereof (hell be called the "auperinUndent of lamp* end gar," which aha 11 have the oogni/ ince of procuring the oecesaary lupplie* for end of lighting the public itreeU, and *Ue place* lighted Of the expense of tue corporation ; and there ahall beau additional bureau in thi* department, and the chief officer the reef ihall be called the " auperintendent oi market*," which a hell have the control and regulation of the public market* and the transferring of butcher*' (tali* in the eame. *111. There shall be an executive department known a* th* " Ctoton aqueduct department," which (ball hava charge of the Croton aqnedtiet, It* r*Mrvolr|, and the other couitructions connected therewith It hell have cognizance of ell repair* to the *eme, end of the laving of the water pipe* in the street* of the city, and of the collection of the revenue arising from the eale end use of the water ; the chief officer theiedf shall he called (he " Commissioner of the Croton aqueduct." There *H*11 be a bureau in this department, the chief officer of which shall be called the "water register." There shall be a bureau in thi* department, the officer of which shall be celled the "water purveyor." But contained herein ahall be construed to prevent the water commiaaioner* from completing the aqueduct according to lew ? 13 There shall be an execntiva department known a* tha "aim* house department," which shell have cognizance of all matter* relating to the alms house end prieon* of the said city ; the chief officer thereof shell D# called the "commissioner of the aim* houae department" There shall be bureau* In this department, the chief officer* of which shall bo called th* "superintendent oi the elm* heme," "superintendent of the penitentiary," "auperintoodent of the city prison." and "superintendent of the nursery," and "couueel and attorney to the alms house department," and the common council shall provide by ordinance for the appolutment of such physician* a* they shall deem necessary. <j ??. i uere mail Da an executive deportment known aa the "law deportment." which ihall hare tba charga of and conduct nil tho law business of tha corpora'idn, and of tha dapartmanta thereof, and all othar taw buiinoaa in which tha city ihall ha intaraated, whan ao ordaiad hp tho corporation j and ahall have tho charge ol and conduct tho lognl proceedings necessary in opening, widening, or altering etreeta, and draw the loaaea, dooda, led., connected with tha financo depeitment ) and the chiot officer thereof shall ha called the "counael to the corporation " The head* ol tho various other department* ahall report to tho "counael to tho corporation,* aa ofian aa it map bo neoeasarp, and at loaat en a a month, and to tho common council at tha commencement of each atated session, all caaea occurring within thoir departments requiring logal ad rice or action ? There shall be a bureau in tula department, the chief officer of which ahall ba called the' corporation attornep." There shall ba a buraau in this deportment, the ohief officer of which shall bo railed tho "public administrator." If All fees, coats, poiquisitas.or aaaolamontalor any services performed bp anp of tha citp officers In onv bualneaa in which tha citp ihall be concerned, shall be monthly paid over bp such officer into tho dtp treaiury, upon oath, and no officer shall be entitled to receitre hi* aolarp till ha ihall flla hii affidavit with tha coaaptroUor that ho haa faithfully accounted for and paid oror all monap* for w hicb be is bound to account. (51A It ahall ba lawittl for tho common council of said citp to establish such otuer departments and btirsaua as they map deem the public interest to require, and to assign to thsm and those now created such duties as thep may direct. But no expense shall be incurred hy anp of tho departments or officers thereof, whether the object of expenditure shall haea boon ordered bp tha common council or not, unless all appropriation Shall hare boon proeloualp made covering such axponao; and no haad of a depart man t, chief oO?a, or buraaa, deputy thereof, ar clerk therein, tbfitt ba directly or IndlrooUp Mhreoted JERA 1846. A t/ L F ICO i ?II? A V^S %\ B A Y or ' ''A 1?\\ 1/ r a a ?aii? n any contract, work, or business, Or the rale of any article, the expense, price, or consideration of which i* paid from the city or county treasury, or by any assessment levied by any act or ordinance of the common council, ner in the purchase of any real estate or other property belonging to the city, or which (hall De low lor use* or UNNBMto. ^ 10 The head* of departments shall be elected every two years by the people. In case of vacan-y of any of said heads of departments, by removal from office or otherwise, (he mayor shall appoiut a person to fill the same until the vacancy shall be filled by the elector* at the Dext charter election The number of officer* and clerka iu the several departments may be prescribed by the commen council. The heads of departments shall appoint the clerka in their immediate office. The bead* of bureau* shall be nominated by the mayor to and be approved by the board of aldermen, and the heads of bureau* shall appoint all clerk* in their respective bureau*. All officer* not herein provided for shall be elected or appointed In such manner a* the common council shall by law prescribe, but in no case shall such appointment be made ny the common council or any aaember thereof. Any officer of the city government, except the mayor and members of the common council, mav be removed from office by concurrent resolutions of both branches of the common council; provided, that no remosal shall take place until the party sought to be removed has had an opportunity to be heard in "is defence, anil unless three-fourths of the whole number of both branches vote therefor^ and provided, also, that the cause lor sueh removal mall M entered at large upon we jour- i nal* of both branchea of the common council. %17. The leveret executive departmenti and the ofAcera and clerka thereof, ihall be aubject to the leciilative regulation and direction of the common council, and the dntiei thereof fhall be performed In acwrdance with the charter, and lawe, and ordinancea 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 aubject relating to hie department, or any information poaaeaaed by him in relation thereto. And every head of department ahtll report in writing to the common council, at the commenuementofeach elated aesaion, the atate of hu department, with auch auggeftiona in relation to the improvement theref, and to the public buaineea connected therewith, aa they may deem udviaeble. t) 18. Whenever a vacancy'hall occur in the office of aaaeaaor, by death, removal from the ward, reaignation, or otherwiae. the hoard of aeaaaaora fhall All the fame by the appointment of a citizen of the ward in which the vacancy ihall occur, till the vacancy fhall be aupplied by the elector* of the ward at the next election 410. All valuationaof real eatate by the aaaeaaora of a ward, or by the board of aaaeaaora, fhall be Ana] and concluaive aa to the amount thereof. And all aaaeaamenta and awarda aball be Open to public inapection, at leaat twenty dara, by public notice thereof, before being certiAed to tne proper deportment And the aaaeaamenta made by the aaaeaaora lor the city tautea, ahall be made between the Aratday of January and the Arat day of May In each year. (JO. No property, right, privilege, or franchiae belonging (o the Ai't, ahall ha fold otherwiae than at public auction, on public notice | and every right, privilege, or franchiae granted or let by the corporetion, ahall be aubject to the aupervision, regulation end control ot the common council The ferrieeot the city of New York, or the right of ferriage, ahall not be let and diapoaed of otherwiae then at public auction, on public notice , and no ferry aball he let ior a longer term than eeven yeare (91 such of the docka. pier* end alipa, or pert* thereof beiongiag to the oity. aa It ahall be determined by the commen council aball be let, ahall be divided into end let by diatricte etpublic auction, end the advertisement ef the letting thereof ahall clearly deAne the property to be leaaed. li All contract* to be made or let by authority of the common Council, for work to be done, or euppliea to be furniahed, and all aalea ef property In tha cuitody of the aeveral department*, ahall be mad* by the appropriate heads of danartmanti, uador inch regulation* (ball be atabliahad by ordinance* of tbe common council i -Ji. In all contract* lor making sewera.whaives, piers bulkhead*, and all other public work* for the city, the partita contracting shall give a hood to the corporation, with two sufficient sureties, to be approved by tbe comptroller. for the faithful peiformance of the contract, andf ihail allow twenty-Are per cent of tbe contract price o the work actually dene to remain as secutity till tbe whole work be completed according to the contract; and subject to these conditions shall be entitled to receive monthly not eaceediug in the aggregate srventy-Ave per cent, of tbe price cf the work actually don* according to the contract V-U In all case* where the public work or business is done hy contract, provision shall be made In ench contract that satisfactory evidence shell be writing, to tba comptroller, that all persona who have done work or furnished materials for such contract have bean folly paid thaielor according to their agreemanta with the contractors, before the last instalment due on such contracts finally pent; or that ample end sufficient security, to he approved by the comptroller, shall be given by lb* con tractor to id* comptroller that til ?ucn demands tor worn or matariaia shall be paid within ona month aftar th* sat- I tiaaant of anoh contract. i U It shall bo th* duty of tbo common council to provide by law for aacortaiaiag whothar any, and if any, j bow much, ia dua to any parson upon any auch contract, , (provided tha demand for th* same ia exhibited within on* month after the completion of auch contract.) v when auch amount ahali be ascertained. It shall oa paid by the comptroller; provided the whole ??" ? , thereof shall not exceed the amount of *ucn i last instalment, and th* amount so paid shall t>? retained out of said last instalment, or if such lajt i ment shall have been paid to the contractor the bood given upon such payment shall bo Pr?M 1*'' , ,.1M) covery thereof, in the nam* of th. conmration In case auch last instalment or the smount recovsred on sach bond ia not aufllciont to pay tho th # t{?n any auch contract by tha contraotorhen on(rBCtor ! ba divided among tho penena t* whom such contractor , toMT8riS!Er prW* Property *11 be ??'? i 1? 1 ' " JL D. V*lM WW* ClWitfc ' by the commiiiionera of eitimate and utettmoat, (hall not he aatiafactory to the owner thereof, Ue may demand that aaid value be found by a jury, and the samn hall then be aubmitted to a jury in one oi the court* in the city, in each manner aa the common council aball by 1 ? J 1 r J k.. tk. iun, ?f?.. tk liw Uireci; UUU (lie vaiur ?W ivuiju uy UIO jmi; , anai Utv name shall be confirmed by the court, (hall be the value which the said owner shall be bound to accept. ^ 17. All otticers or the city government, executive, administrative, or Judicial, and all judges and clerk* iii the several ceurts 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, alter the first day of July, IH47, receive to their owa 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 tliem monthly into the city treasury. But thie section shall not apply to the fees of clerks of courts for searching for judgment before, and including the year ltJot), and nothing contained in this charter "shall be construed to deprive any alderman or assistant alderman of any compensation to which he shall be entitled by virtue of his office. And every persou 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. ^ 38. All officers, clerks, or other persons, to whom the receipts of the funds of the city shall be intrusted, shall, at feast 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 persona, 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 council may by ordinance prescribe, which shall be annually renewed, but tho security first taken shall remain in force until renewed. I) J!? When the affidavit of the mayor shall be died in the office of the county clerk, setting forth that he verily believoa that any person giving auch security aa 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, ahall 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 ahall havo been paid or aettied by the principal or hia aureties, or when it shall be finally determined that no such defalcation has taken place, it shall be the duty of the comptroller to tilo a certificate to that effect with the county cleik, and irom aud after the filing of such certificate, such lien sh <11 cease ^ 30. Any officer ot the city government,or person or persons employed in anv department thereof, who ahall wilfully violate atiy of the provisions of this charter, or commit any fraud, or convert a iy 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 bis office, and he excluded forever after from receiving er holding any office under the city charter; and any person who shall wilfully swaar falsely in sny oath or affirmation required by tbia act. shall be guilty of perjury. ABTICLK III Judiilnl .imtndment. 4 The assistant Justice*' courts of the city of New York, now ciustiiu'ed 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 expire'ion of their present term of office and until their successor* shall bo elect i and qualified. Tne sai I a,ti?t*iii Justices and their cl*ike hull thereafter be elected by the people of the c ity ja ?uch manner a* tbe Common Council (hell by Uv prescribe, end they (bell bold their respective office* tor four years; hut if sny recency (hell occur in either of tbe fold offi es before the expiration of the teim thereof, the *ame shell be Ailed by the vleyor, by and with tbe content of the Board of Aldermen, and the pereon ao appointed thall hold the office until hi* *ucce*?or, elected at the next succeeding election, shell be qualified. ^ 3. The jurisdiction ot the marine court and aesistant justice*'court* of the city of New York in civil causes, shall, in addition to the jurisdiction now exetcised by them, extend to actions brought for the recovery of tna sum of one hundred dollars and under; such marins court and assistant justices shall also have jurisdiction of all actions of trespass, other than trespass upon real property whore the title of such property is involved; and, also, jurisdiction of all actions tor false imprisonment, libel, slanJar, and assault and battery; provided, however, that such marine court and assistant justices shall not in any of the above enumerated cases, render ajudgment of damages to a greater extent than one hundred dollars; and provided the assistant justices shall have no jurisdiction for mariner's wages, or for a marine tort. S 3. Kach of the clerks of the assistant justices'courts and the cleik of the marine court shall demand and teceive from tbe party for whom tbe services are rendered? First?In all cases where the damages claimed shall amount tn 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 issuino thereof. Second?In nil caiei where the damages claimed shall amount to twenty-fire, and not over fifty dollars, the following fees, to wit Kor every summons, thirty-seven cente, to be paid upon the issuing thereof. Kor every tual fee one dollar, to he paid before the trial shall proceed. Kor everr execution, thirty-seven centa, to be paid upon the issuing thereof Thi rd?In ell cases where the damages claimed shall amount to over City dollars, the following fees, to wit: Kor every summons, fifty cents, to be paid upon the issuing thereof. Kor every trial fee, one dollar and fifty centa, to bo paid before the trial shall proceed. Kor every execution, fifty cants, 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 lame (hall pay a fee of one dollar before the order for each Jury is entered. For each adjournment, twenty-fire centa, to be paid prerioua to the entry thereof. For each transcript oi a Judgment, twenty-fire centa, to he paid upon the giving thereof. For each aubpajua, twelve centa, to be paid upon the inning thereof. For each bond filed, twenty -five centa, to be paid upon the filing thereof. For each written affidavit, twenty fire centa, to bo paid u]>on executing the same ; and ia all actions for lulse imprisonment, libel, ilander, end iwmlt and battery, the laid clerks ahall demand and receive, in addition to tha above, one dollar tor trial lea, to be paid upon joining iasue ; and shall once in each month, or at inch (holier periods as tha common council shall direct, pay over all such fees to tha chamberlain of the city, and at tha same time furnish a statement in writing, under oetb, together with a receipt from the chamberlaiu to tha comptroller of tha said city, and the said statement shall contain tha title of each suit commenced, and tha ameunt of feea received thereon. All costs which are now allowable by law, in any suit in the Marine Court end in the Assistant Justices' Courts of the city of New York, in ell 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 ofJuly, 1847. I) 4 The Common Council may provide for tho appointment of one or more additional clerks in any one of the Assistant Justices'Courts, Marine ( ourt.or Police Courts, and for the election ol additional Assistant Justices A* Insilstm nf (hn \1 ann? (*ourt. or A MMrtunt IW lice, or l.lerka of said courta, abail be permitted to engage in the practice of the leer, or be interested in any partnership lor the transaction of law buaineee ; enl the violation of tbia piovision a hall incur forte,ture of anch ofllce. t> A. Whenever e tranacrlpt of any Judgment rendered by the marine court, or by any one of the aaaietant justices' courta of the city of New York, shall be filed iu 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 aame waa rendered, to the seme extent as though each Judgment had been rendered in the court ot common pleas ef said county. The collection of such judgment may be enforced in the aame manner as if ran tared in court of common pi ea fj 7 1 he common council shall, on or before the flr-t day of July, 1*47, establish by law the salaries of all judges, justices, cierka of couitsand other officers whoso salaiies are b% law to be paid outef the city or county treasury ; and from and alter the aaid flrst day of July. IM7. no such judge, justice, cleik oroiher officer shall # eutided to take or receive for his own use, directly, or indirectly, any coats or fens for any service, of any deeciiptiou, which be may perform at such judge, Jusiioe, cleik, or other officer, or by virtue of his holding the of judge. Justice, clerk, or ary other office ; but this section shall not apply to the fees ofclerkt ot courts for searching for judgmants before end including the yeer 1800 t>? The several speclsljusuces for preserving the l**ce and the justice" of the merino cour\ and their cleike now in office, shall continue in office until the etpiretiou ot then present teim of office, ' nd until their successors in office shell be elected end qnalifled , end from and after the Ural day of January, one thousand eight hundred and forty-eight, thai* shall I e such numhJr ot police justices end justices of the marie# court aa the common council shall by law prescribe,who shell phases# all the |>owereof the special justices for preserving the peace in and for the city end county of New York; and such number of clerks of police as tke common ..nivii shall hv law Drescnbe. who shall. In like man ncr, have ail tha powara and dutiaa of the police clerka in the taid citjr. % 0. The said police juaticee, and the Juaticoe of tho marine court and their clerk*, ahall bo elected by the people in iuch manner aa the common council thai! by law prescribe, and shall bold thair offices for tour years, but il any vacancy shall occur In either of the eeid office* beior* the expiration of the term thereof, the seme shall be Ailed by the major, by and with tno consent of the board of aldermen, and the person so appointed shall hold the office until his successor, elected at tho neat succeeding election, shall beuualided. () 10. On and after the 1st of January, 1M"*. there shall be held in each of the police offices of the said city, every day at 0 o'clock in the forenoon, a court ol special seaetoos, which shall be invested with ail the powers and jurisdiction within such district, which are aow copfan ad and shall he sutyoot to all tho dutiaa now Imposed by low upon tho aalatlaf oekrt spool*! sooffiottOi m 0*4