sale of property belonging to or managed by the city, the head of which bureau shall be called "the collector of city revenue.'

5. A bureau for the collection of taxes and assessments, the head of which shall be called "the receiver of taxes and assessments," and shall have all the powers and perform all the duties now prescribed by law for the receiver of taxes and also for the collector of assessments. The duties and powers now imposed upon and vested in the department of public works in regard to the collection of assessments are hereby imposed upon and vested in the department of finance.

́6. A bureau for the collection of revenue derived from the sale and use of water, the chief officer of which shall be called "the collector of water rents," who shall have all the powers, and perform all the duties of the water register under existing laws. The duties and powers now imposed upon and vested in the department of public works in regard to the revenue derived from the sale and use of water are hereby imposed upon and vested in the department of finance.

7. A bureau for the collection of arrears of taxes, assessments and water rents, the head of which shall be called "the clerk of arrears."

8. A bureau for the collection of revenue derived from licenses and rents for public markets, the head of which shall be called "the collector of licenses and market rents."

The heads of the last mentioned five bureaux shall be appointed by the board of aldermen by resolution, and shall be removable at the pleasure of said board. The heads of said last mentioned five bureaux shall have power to appoint their respective subordinates and to remove them at pleasure.

The collector of city revenue, the receiver of taxes and assessments, the collector of water rents, the clerk of arrears, and the collector of licenses and market rents, shall pay over to the comptroller all moneys received by them on the day of the receipt thereof, or on the business day next succeeding.

$72. All moneys drawn from the city treasury shall be upon vouchers for the expenditure thereof, examined and allowed by the auditor, and approved by the comptroller, and filed in the office of the department of finance.

$73. Full statements of the receipts and expenditures of all the departments, giving names, dates, amounts and objects of expenditure, shall be made on the third Monday of each month, by each department, to the department of finance. The comptroller, or any one of said commissioners of the department of finance, shall have power at any time to inspect, examine or copy any vouchers, records or papers in any of said departments. From the statements so returned, and other information, the department shall publish monthly, in the city record, a detailed statement of all the receipt and expenditures of the city and county during the preceding month. No bond, certificate of stock, or evidence of public debt to be issued by the city, shall be valid unless signed by the mayor and comptroller, and countersigned by two or more of said commissioners of the public treasury.

$74. Said four commissioners of the treasury shall perform all the duties and possess all the powers heretofore performed and possessed by the commissioners of taxes, under existing laws. Said commissioners of shall keep duplicate books, one set of which shall be open and accessible at all times to all tax-paying citizens, and said commis

siorers shall appoint and remove all clerks and subordinates which they may reed in performing their duties as commissioners of taxes.

875. On or before the first day of July in each and every year, the comptroller and the said four commissioners of the treasury shall and are hereby directed, in lieu of any existing authority in relation thereto, to make and agree upon an estimate of the various sums of money which, in their discretion, will be required to defray all the various expenses necessary for conducting the various boards and departments, whether legislative, executive or administrative or judicial, of the city government, which estimate shall be founded upon reports obtained from said departments, and also for paying the interest on the city debt and the principal of such debt falling due; which amounts, when so established by said comptroller and commissioners of the treasury, shall be certified by them in detail to the board of aldermen, to be by them accepted or modified and certified to the board of supervisors of the county of New York as the aggregate expenses of the city; and said board of supervisors are hereby empowered and directed annually to cause the said amount of money estimated, certified and modified as aforesaid, to be, according to law, raised and collected by tax upon the estates, real and personal, subject to taxation within the said city and county of New York.

76. The comptroller shall be chairman of the board. The comptroller and the commissioners of the treasury 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 X.-THE SINKING FUND COMMISSION.

877. There shall continue to be, as now provided and recognized by special laws and ordinances, a board of commissioners of the sinking fund, composed of the mayor, comptroller, commissioners of the treasury, first judge of the court of common pleas in and for the city and county of New York, and chief justice of the superior court of the city of New York, with all the powers now assigned, designated and ratified by existing laws and ordinances, to be exercised, however, under the control and supervision of the board of aldermen; saving and excepting, however, out of said powers, any and all authority now vested in the commissioners of the sinking fund, to authorize the expenditure of money by other departments, and to incur or authorize the incurring of indebtedness.

§ 78. Said commissioners of the sinking fund shall cause all bonds and other evidence of indebtedness belonging to them to be stamped upon the face thereof as belonging to said sinking fund.

ARTICLE XI.—OF THE LAW DEPARTMENT.

§ 79. The chief officer of the law department shall be called the corporation counsel. He shall be a member of the bar of this State, who shall have resided or had an office in the city of New York at least five years consecutively immediately prior to the time of his appointment, and shall be appointed by the mayor between the first and fifteenth days of May in each year, and shall hold office until his successor shall be appointed. The mayor may remove him at pleasure and appoint his

successor.

§ 80. The said corporation counsel shall act as the legal adviser of all

the departments; and no attorney or counsel shall receive any compensation for any services rendered to any department unless he shall have been employed by or with the assent of the law department, except as hereinafter provided. Said department shall semi-annually report to the board of aldermen the condition of all suits pending, the names of all attorneys and counsel employed, the fees paid to attorneys and counsel, all receipts of the office, and all other matters pertaining to the business of said department.

$81. There shall be a bureau in this department, the chief officer of which shall be called the "corporation attorney;" a bureau, the chief officer of which shall be called the "public administrator," and a bureau, the chief officer of which shall be called the "attorney of street openings and assessments."

$82. The law department shall have the charge and conduct of all law business of the corporation and of its departments; and the charge and conduct of the legal proceedings necessary in widening, opening, or altering streets, boulevards, avenues, and public places; and shall, whenever applied to by the comptroller, draw the leases, deeds, and other legal papers connected with the finance department.

$83. The corporation attorney and the public administrator shall have and exercise the powers, rights, and duties now conferred by law upon the officers so named respectively, subject to the control and supervision of the corporation counsel and the board of aldermen, so far as such control and supervision are not inconsistent with the laws of the State.

$84. The attorney of street openings and assessments shall have and exercise the powers, rights, and duties in relation to street openings and widenings that are now had and exercised by the coporation counsel, and such others as may be by law conferred upon him, subject to the control and supervision of the corporation counsel and the board of aldermen. $85. The corporation counsel shall be entitled to a seat 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 ordinance.

ARTICLE XII.

THE DEPARTMENT OF PUBLIC INSTRUCTION.

$86. There shall be a department of public instruction, which shall have the same powers and discharge the same duties which are now vested in the department of public instruction by article fifteen, section one hundred, of chapter three hundred and eighty-three of the laws of eighteen hundred and seventy, as amended by chapter five hundred and seventy-four of the laws of eighteen hundred and seventy-one.

$87. Said department shall consist of not more than thirty commissioners, who shall be styled "the commissioners of public instruction," and shall constitute the board of public instruction of the city of New

York.

$88. Said commissioners shall be elected as follows: At the elections provided for by sec-tion two of this act, there shall be elected in each Senate district of the city, as now established by law, six commissioners of public instruction. Said election shall be held in the manner herein before prescribed in sections four and five of this act for the election of aldermen, except that the ballots shall be indorsed "commissioners of public instruction." All the provisions of said sections four and five shall apply to said election of commissioners of public instruction, so modified, however, as to provide for the election of six persons only instead of nine.

All ballots containing more than six names shall be rejected. Said commissioners so elected shall take office on the first, Monday of May next succeeding their election, and shall hold office for the terms of one, two, three, four, and five years respectively. The commissioners elected for each Senate district shall designate one of their number, and the five commissioners so designated shall meet between the first and fifteenth days of May, in the year eighteen hundred and seventy-two, in the office of the mayor and in his presence, and by such method as he shall approve, determine by lot the respective terms of office for one, two, three, four, and five years for which the commissioners elected in the respective Senate districts shall hold office thereafter, at every annual election under this act, there shall be elected six commissioners in the manner provided in this section in that Senate district, only for which the term of office of the commissioners elected from said district expires who shall hold office for the period of five years.

§89. Said board of public instruction shall forthwith, after their organization, appoint, by a vote of a majority of its members, not less than three nor more than seven trustees of common schools for each ward of the city, and a board of ten trustees, of which the president of the "college of the city of New York" shall be a member ex-officio, for the management of said college of the city of New York, which trustees shall hold office during the pleasure of the department of public instruction.

§ 90. The mayor shall immediately, after the first Monday of May, in the year eighteen hundred and seventy-two, appoint three inspectors of common schools for each Senate district, who shall hold office at his pleasure.

§ 91. From and after the first Monday of May, in the year eighteen hundred and seventy-two, the commissioners of public instruction, trustees, and inspectors of common schools, who shall be elected and appointed respectively under the provisions of this act, shall be vested with, and discharge all the powers and duties which are now vested in, and discharged by, the commissioners of the department of public instruction, trustees, and inspectors of common schools.

§ 92. It shall not be lawful to make any appropriation of public money or property, or to make any loan or lease of city lands, or to loan the credit of the city, directly or indirectly, in aid of any private or sectarian or denominational school that is not under the control and management of the department of public instruction, and subject to the same general laws of the State as the public schools are.

§ 93. Every person who shall promise, offer, or give, or cause, or aid, or abet in causing to be promised, offered or given, or furnish or agree to furnish, in whole or in part, to be promised, offered, or given to any alderman, or any officer of the corporation, after his election or appointment, or before or after he shall have qualified and taken his seat, any moneys, goods, right in action, or other property, or any thing of value, or any pecuniary advantage, present or prospective, with intent to influence his vote, opinions, judgment, or action on any question, matter, cause or proceeding which may be then pending, or may by law be brought before him in his official capacity, shall, upon conviction, be imprisoned in a penitentiary for a term not exceeding two years, or shall be fined not exceeding five thousand dollars, or both, in the discretion of the court. Every alderman or officer in this section enumerated, who

shall accept any such gift or promise, or undertaking to make the same, under any agreement or understanding that his vote, opinion, judgment, or action shall be influenced thereby, or shall be given in any question, matter, cause, or proceeding then pending, or which may by law be brought before him in his official capacity, shall, upon conviction, be dis qualified forever from holding any public office, trust, or appointment under the city of New York, and shall forfeit his office, and shall be punished by imprisonment in the penitentiary not exceeding two years, or by a fine not exceeding five thousand dollars, or both, in the discretion of the court. Every person offending against any of the provisions of this section shall be a competent witness against any other person offending in the same transaction, and may be compelled to appear and give evidence before any grand jury, or in any court, in the same manner as other persons; but if any person shall give testimony in any trial or proceeding under this section, such testimony shall not be used against him in any criminal prosecution whatever, by reason of anything done. by him in relation to such transaction.

$94. Any citizen claiming to have suffered special damage by any such vote or action of any alderman or officer given for any dishonest or corrupt motive or consideration may bring suit against such alderman or officer, and recover his damages not exceeding one thousand dollars.

$95. No alderman, commissioner, head of department, chief of bureau, deputy thereof, or clerk therein, or other officer of the corporation, shall be directly or indirectly interested in any contract, work or business, or the sale of any article, the expense, price, or consideration of which is paid from the city treasury, or by any assessment levied by any act or ordinance of the board of aldermen, nor in the purchase of any real estate or other property belonging to the corporation, or which shall be sold by virtue of legal process at the suit of said corporation. If any of the officers above named shall be so interested at the time of his election or appointment, he shall forfeit his office; and if he shall, during the term for which he was elected or appointed, knowingly acquire an interest in any such contract, work, business, sale or assessment, he shall, on conviction thereof, forfeit his office and be punished as for a misdemeanor. All such contracts or sales shall be forfeited when any alderman or other officer enumerated in this section shall be interested therein.

$96. Any alderman, commissioner, head of department, chief of bureau, deputy thereof or clerk therein, or other officer of the corporation, may if a judge shall so order, be summarily examined upon an order, application based on an affidavit of any commissioner of

to be made on

the treasury, or any three aldermen, requiring such examination, and signed by any justice of the supreme court of the first judicial district, directing such examination to be publicly made at the chambers of said court, at a day and hour to be named, not less, however, than forty-eight

hours after personal service of said order. Such examination shall be confined to an inq uiry into any alleged wrongful diversion or misapplilast two sections, or any want of mechanical qualification for any inspecCation of any mon eys or fund, or any violations of the provisions of the torship of public work, or any neglect of duty in acting as such inspector, or any other delinquency charged in said affidavit touching the office or the discharge or neglect of duty, of which it is alleged in the application for said order that such alderman, head of department, or other afore

missioner, head of department, or other aforesaid officer, shall answer