tion, on the second Tuesday of April, in the year eighteen hundred and seventy-two, and on the second Tuesday of April in every year thereafter, and shall hold his office for the term commencing on the first Monday of May next, after his election, and ending on the first Monday of May of the succeeding year.

$22. Whenever the mayor shall, from any cause whatever, be prevented from attending to the duties of his office, the president of the board of aldermen shall act as mayor, and possess all the rights and powers of mayor. But it shall not be lawful for the president of the board of aldermen, when so acting as mayor, to exercise any of the powers of appointment to, or removal from, office vested in the mayor by this act, nor to sign or approve any ordinance or resolution of the board of aldermen, unless the disability or absence of the mayor shall have continued at least ten days.

$23. Whenever a vacancy in the office of mayor shall take place before the tenth day of October in any year, the board of aldermen shall order forthwith a new election for the office of mayor to be held at the then next general election for State or federal officers. Until such vacancy is filled, the board of aldermen shall elect a mayor, who shall hold office for the intervening term; and they shall in like manner have power to elect a mayor to hold for the unexpired term when the vacancy in the office of mayor takes place after the tenth day of October in any year, and before the first day of January succeeding until said first day of January.

§ 24. It shall be the duty of the mayor:

1. To communicate to the board of aldermen, at least once in three months, a general statement of the finances, government, and improvements of the city.

2. To recommend to the board of aldermen all such measures connected with the security, health, cleanliness, and adornment of the city, and the protection and improvement of its government and finances, as he shall deem expedient.

3. To be vigilant and active in causing the ordinances of the city and laws of the State to be executed and enforced; and for that purpose he may call together, for consultation and co-operation, any commissioners or other city officers.

4. To call special meetings of the board of aldermen when he shall deem it expedient so to to.

5. To perform all such duties as may be prescribed for him by city ordinances and laws of the State; and the mayor shall be responsible for the good order and efficient government of the city.

$25. The mayor may appoint and remove such commissioners of departments and other officers of departments as are hereinafter provided to be appointed by him.

$ 26. The mayor shall receive an annual salary of ten thousand dollars. He shall employ such clerks and experts as may be necessary for the discharge of his duties, and shall render to the board of aldermen every three months an account of the expenses of his office, and therein shall state in detail the amounts paid and agreed to be paid by him for salaries to such clerks and experts respectively.

§ 27. The mayor may be removed by the governor for cause in the manner provided by law in the case of sheriffs.

ARTICLE IV. THE EXECUTIVE DEPARTMENTS.

§ 28. There shall be the following other departments in said city:

Department of public works.

Department of public parks.

Department of public safety.

Department of public charities and correction.

Department of finance.

Sinking fund commission.

Department of law.

Department of public instruction.

In addition to these departments, there shall also be an officer to be called the "superintendent of public markets," who shall be appointed by resolution of the board of aldermen, and be removable at their discretion. He shall have all the powers now vested by law in the existing superintendent of public markets, subject to the general control of the board of aldermen, except the power to collect the income arising from public markets, which power is hereby vested in the department of finance.

29. In every department there shall be kept a record of all transactions, to be accessible to the public from three to five o'clock each day; and at the end of each day a brief abstract, omitting formal language, shall be made of all transactions and of all contracts awarded and entered into for work and material of every description, which abstract shall contain the name or names of the party or parties to the contract, a copy of which abstract shall be transmitted to the clerk of the board of aldermen for insertion in the journal of the city government.

§ 30. Any of the said departments shall, when called upon by the mayor or board of aldermen, make to him or them, respectively, reports of their transactions, and furnish to him or them such information as he or they may demand, within such time as he or they may direct. Except in the department of finance, the commissioner or chief officers of departments shall appoint heads of bureaux, and shall appoint all subordinate officers and clerks upon the nomination to them by the heads of bureaux, except as hereinafter otherwise provided. Except in the department of finance, the commissioners or chief officers of departments may remove heads of bureaux at pleasure, and heads of bureaux may suspend subor dinate officers and clerks, and remove them with the consent of the commissioners or chief officers of departments.

ARTICLE V.-THE DEPARTMENT OF PUBLIC WORKS.

§ 31. The department of public works shall be under the charge of five commissioners, who shall be a board to be called "the commissioners of public works," and who shall be the chief officers of this department. One of said five commissioners shall be appointed by the mayor between the first and fifteenth days of May in each year. The remaining four commissioners shall be elected by the board of aldermen, within the same period. At such election each alderman shall give not more than four open ballots, upon each of which shall be printed or written the name of one candidate for the office of commissioner, and each of which shall be signed by the member voting. Each alderman may give the whole of his ballots for one and the same candidate, or may distribute them among four different candidates, or a less number, in such proportion as he may see fit. The clerk of the board of aldermen shall record said votes, stat ing the name of the alderman voting, and the names of the persons voted

for. The four persons having the largest number of votes shall be deemed elected. In the event of a failure to elect four commissioners, by reason of less than four persons having been voted for, or by reason of two or more of the persons voted for having received an equal number of votes under such circumstances, that there shall be no full number of four persons having received a higher number of votes than all others, a new election for four commissioners shall forthwith be held in the same manner. The commissioners so appointed and elected, respectively, shall hold office from the fifteenth day of May next succeeding their election, until the fifteenth day of May the next following year, unless removed as hereinafter provided.

§32. The mayor, at any time, may remove the commissioner appointed by him; and, in case of any vacancy in the board, by the resignation, removal, death or otherwise, of the commissioner appointed by the mayor, he shall fill such vacancy. The mayor may also remove any other commissioner for cause, assigning his reasons to the board of aldermen. In case of any vacancy in the board by the resignation, removal, death or otherwise, of any commissioner elected by the board of aldermen, those members of the board, by whose vote such commissioner was chosen, acting by a majority of their number, shall proceed to fill such

vacancy.

$33. Whenever the words "chief engineer of the Croton aqueduct board," or "president of the Croton aqueduct board," or "street commissioner," or department of docks," occur in any existing law, ordinance, resolution, contract or document, they shall be deemed to mean the aforesaid commissioners of public works, and whenever in any law or in any ordinance or obligation of the corporation, the words "street department," or "Croton aqueduct board," or "department of docks" occur, they shall be deemed and construed hereafter to mean the "department of public works, and the commissioners thereof.

§ 34. The said department shall have all the powers and functions heretofore possessed by the department of public works now existing (except those relating to the collection of assessments and water rents), and such other powers and functions as may be expressly conferred upon it by this act, subject to the control of the board of aldermen.

$35. Subject to the control of the board of aldermen, the said department shall have all the powers and functions heretofore and now possessed by the department of parks in relation to boulevards, streets and avenues above Fifty-ninth street in said city, not embraced within the limits of any park or public place.

$36. The said department shall have charge and control:

1. Of all structures and property connected with the supply and distribution of Croton water.

2. Of regulating, grading, flagging, curbing, guttering and lighting streets, boulevards, roads, places and avenues.

3. Of the repairing and construction of public roads and boulevards. 4. Of the care of public buildings.

5. Of the filling up of sunken lots.

6. Of public sewers and drainage. 7. Of street vaults.

8. Of paving, repaving, repairing, and cleaning streets, and keeping the same olean.

9. Of digging and constructing wells.

10. Of docks, piers, and slips.

§ 37. There shall be the following bureaux in this department: 1. A bureau having care of all structures and property connected with the supply and distribution of Croton water; the chief officer of which shall be called "chief engineer of the Croton aqueduct." Said chief engineer shall be a civil engineer of at least ten years' experience, and shall be appointed for the period of five years. He shall be subject to removal by the "commissioners of public works " for cause, to be stated on the minutes, and only after an opportunity shall have been afforded to him to be heard in relation to said cause. The concurring vote of the mayor shall be necessary to remove him. He shall have power to appoint and remove at pleasure and detail a corps of assistant engineers. This bureau shall also have charge of the laying of water-pipes and the construction and repair of sewers, wells, and hydrants.

2. A bureau for grading, flagging, curbing, and guttering, paving and repaving, and repairing streets, boulevards and roads, and keeping the same clean and swept; and also the lighting of the same by lamps and gas; the chief officer of which shall be called the "superintendent of streets and roads."

3. A bureau of repairs, which shall have charge of all repairs to public buildings, and all other necessary repairs not provided for in other departments; the chief officer of which shall be called "superintendent of repairs," and shall be a practical builder.

4. A bureau of docks, piers, and slips, which shall have all such powers, rights, and privileges now vested in the department of docks, under chapters one hundred and thirty-seven and three hundred and eighty-three of the laws of eighteen hundred and seventy, and five hundred and seventyfour of the laws of eighteen hundred and seventy-one, as the board of aldermen may confer upon them (except the power of incurring indebtedness and raising and expending money), which powers, rights, and privileges shall be exercised by said bureau and department under such regulations and restrictions as the board of aldermen may prescribe. The chief officer of this bureau shall be called the "chief engineer of docks and piers," and such chief officer shall be a civil engineer of at least ten years' experience. He shall be appointed for the period of five years, and shall be subject to removal by the commissioners of public works for cause, to be stated on their minutes, and only after an opportunity shall have been afforded to him to be heard in relation to said cause. The concurring vote of the mayor shall be necessary to remove him.

§ 38. The commissioner appointed by the mayor shall be chairman of the board. The commissioners of public works shall be entitled to seats in the board of aldermen, and shall have the right to participate in the discussions of said board affecting or relating to said department and its affairs, but shall not have the right to vote upon any resolution or ordi

nance.

§ 39. The said department shall have no power to incur indebtedness, nor to raise nor expend money, except such as shall have been previously appropriated by the board of aldermen.

ARTICLE VI. -THE DEPARTMENT OF PUBLIC PARKS.

§ 40. The department of public parks shall be under the charge of five commissioners, who shall be a board to be called "the commissioners of public parks." They shall be appointed and elected respectively in the manner herein before provided and prescribed for the appointment and election of commissioners of public works, and be subject to removal in

like manner. All provisions of sections thirty-one and thirty-two of this act shall be applicable to the commissioners of public parks.

$41. The department of public parks shall exclusively control, manage, and direct the improvement of all public parks and all buildings therein, and public places, which are of the realty of the city of New York. The said department shall have and enjoy all other rights, powers, and privileges heretofore granted to, and now possessed by, the existing department of public parks, except such as have been by this act transferred to the department of public works, and such as relate to streets and boulevards outside of public parks and places, and except the power of incurring indebtedness and raising and expending money. The said department shall exercise said rights, powers, and privileges not exclusively vested therein by this section, subject to such regulations and restrictions as may be made in relation thereto by the board of aldermen. §42. The commissioner appointed by the mayor shall be chairman of the board. The commissioners of public parks shall be entitled to seats in the board of aldermen, and shall have the right to participate in the discussions of said board affecting or relating to said department and its affairs, but shall not have the right to vote upon any resolution or ordi

nance.

ARTICLE VII.-THE DEPARTMENT OF PUBLIC SAFETY.

§ 43. The department of public safety shall be under the charge of seven persons, who shall be a board to be called "the board of public safety." Said board shall consist of the mayor and six commissioners, to be called "commissioners of public safety," which commissioners shall be elected by the board of aldermen in the manner hereinafter provided. $44. Between the first and fifteenth days of May, in the year eighteen hundred and seventy-two, six persons shall be elected, at two separate elections, by the board of aldermen, as such commissioners. At such elections three commissioners shall be elected to hold office for the term of three years, and three commissioners shall be elected to hold office for the term of six years. Each alderman, at each of said elections, shall give not more than three open ballots, upon each of which shall be printed or written the name of one candidate for the office of such commissioner, and each of which shall be signed by the alderman voting, and shall be recorded by the clerk of the board. Each alderman may give the whole of his ballots for one and the same candidate, or may distribute them among three different candidates, or a less number, in such proportion as he may see fit. The three persons having the largest number of votes at the first of such elections shall be deemed elected to hold office for the period of three years, and the three persons having the largest number of votes at the second of said elections shall be deemed elected to hold office for the period of six years. In the event of a failure to elect three commissioners at either of said elections, by reason of less than three persons having been voted for, or by reason of two or more of the persons voted for having received an equal number of votes, under such circumstances that there shall be no full number of three persons having received a greater number of votes than any others, a new election for three commissioners shall forthwith he held in the same manner. § 45. The six persons so elected shall hold office for three and six years respectively, from the fifteenth day of May, eighteen hundred and seventy

two.

46. Between the first and fifteenth days of May in each third year from and after eighteen hundred and seventy-two, the board of aldermen