such pertinent questions relative thereto as the justice shall direct, and the examination may be continued from time to time, as such justice may order, but the answers of the party charged shall not be used against him in any criminal proceeding; provided, however, that for all false answers on material points, he shall be subject to the pains and penalties of the crime of perjury. The proceedings may be continued before any other justice in said district, and other witnesses as well as the parties making such application, may in the discretion of said justice, be compelled to attend and be examined touching such alleged delinquencies. Such justice may punish any refusal to attend such examination, or to answer any question pursuant to his order as for a contempt of court, and shall have as full power and authority to enforce obedience to the order or directions of himself or of any other justice as any justice of the supreme court may now have or shall possess, to enforce obedience or to punish contempt in any case or matter whatever. Such examination shall be reduced to writing and be filed in the office of the county clerk of the county of New York, and be at all reasonable times accessible to the public, and notice of the same given to the department in which said officer is employed.

§ 97. Any officer of the city government or person employed in its service, who shall willfully violate or evade any of the provisions of this act, 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; and any person who shall willfully swear falsely, in any oath or affirmation required by this act, shall be guilty of perjury. § 98. No appropriation for the contesting of the office of mayor, or any seat in the board of aldermen, or department of public instruction, shall be made to any but the prevailing party. Nor shall such appropriation be made except upon the written certificate by the chief officer of the law department, as to the value of the services rendered in the case. In the cases provided for under section ninety-six, the law department shall assign counsel to such commissioner of the treasury or alderman making the application; but should such commissioner or alderman see fit to employ other counsel than those assigned by the law department, then in that event no appropriation shall be made by the board of aldermen for his or their payment except upon a certificate of the justice or justices before whom the proceedings have been had that there was probable cause for taking such proceedings.

§ 99. Any person holding office, whether by election or appointment, under this charter, who shall, during his term of office, accept, hold, or retain, any other civil office of honor, trust or emolument under the government of the United States, or of the State, except notaries public and commissioners of deeds, or under this charter, or who shall accept a seat in the legislature, or who shall, during his said term of office, receive any fees or emoluments directed to be paid to him by any ordinance of the board of aldermen, shall be deemed thereby to have vacated his office. No person shall hold two charter or county offices, nor shall an officer under the city government hold or retain an office under the county government, except when he holds such office ex officio by virtue of an act of the legislature, and in such case he shall draw no salary for such ex officio office.

§ 100. No street, avenue or public place in the city of New York,

which has been once paved and the expense thereof paid for by the owners of the adjoining property by assessment, shall hereafter be paved at their expense, unless such paving be petitioned for by a majority of the owners of the property on the line of the proposed improvement; and any ordinance or resolution heretofore passed for any pavement, which has not been petitioned for by a majority of the owners of the adjoining property to be affected, and for which no contract has been entered into, is hereby declared to be inoperative and void.

$101. All printing for said city shall be executed, and all stationery shall be supplied under contracts, to be entered into by the comptroller and the commissioners of the treasury, or any three of them, after an advertisement in three daily morning newspapers printed in said city, having the largest circulation therein, for at least two weeks, inviting proposals. Said proposals shall be based upon specifications to be filed in the finance department, which shall set forth, with accuracy, the number, of every description, of printed blanks; also of each description of stationery or blank books, in ordinary use in the board of aldermen and the respective departments, and likely to be required during the year for which such contract is to be given; and the bids shall be given for such number of each printed description of blanks, or of each article of stationery (including under the head of stationery letter or writing paper, or envelopes, with printed headings or indorsements) as are specified, and for each additional number as may be required, giving the price for blanks of every description, and the price for all other printing, "per one thousand ems," or for rule and figure work," or for advertisements, per line. Separate contracts shall be made with the lowest bidder for any one description of printing, or any article of stationery involving an expense of more than five hundred dollars. Twenty per cent of the amount becoming due from time to time shall be withheld by the comptroller until the completion of the contract; and in case the contractor shall fail to fulfil the same to the satisfaction of the commissioners of the department for which said printing is executed, or stationery supplied, or any two of them, then said commissioners may declare said contract to be annulled, and the twenty per cent so reserved to be forfeited to the city, and shall immediately give notice for other bids for such printing during the remainder of the term of the contract, and no judgment shall be recovered against the city for printing or stationery, unless upon evidence of a contract made as provided in this section. Separate contracts may be made at any time for engraving, lithographing, wood-cuts, maps, or other picture work, as the same may be required; but nothing herein contained shall be construed to require a separate contract for each engraving, lithograph, wood-cut, or map, unless the officers aforesaid shall deem the same advisable, and for the interest of the city.

$102. No more than one thousand copies of any message of the mayor, or report of any head of a department, and no more than five hundred copies of any report of a committee of the board of aldermen shall be

printed. No more than five thousand copies of the journal of the city in addition to such number as may be subscribed for (at a

government,

rate to be fixed by the commissioners of the treasury), or of the work

known as

shall be printed; and no such work shall be embellished with any pictures of any description, except a map of the city, and all contracts for Such pictures shall be void. The journal of the city government shall [SENATE JOURNAL.]

the manual of the common council, or of any similar work,

64

be published daily, Sundays and legal holidays excepted; and a copy of said journal of the city government shall be sent by mail to all newspapers in the city, and to all libraries or institutions in the city that may apply for it. The said journal of the city government shall be furnished to any person wishing the same, at two cents per copy, or sent to subscribers at five dollars per annum. Nothing shall be contained in the journal of the city government aside from official matters expressly authorized in this charter.

§ 103. On the first Monday of May, in the year eighteen hundred and seventy-two, the terms of office of the following named existing officials of the city of New York shall expire, to wit: The aldermen and assistant aldermen, and their clerks and subordinates; the mayor; the comp troller and deputy comptroller; the corporation counsel, corporation attorney, and public administrator; the commissioners of public instruction, and the trustees and inspectors of common schools, and the tax commissioners; and on the fifteenth day of May, in the year eighteen hundred and seventy-two, the terms of office of the following named existing officials of said city shall expire, to wit: the commissioners of public works, the commissioners of public parks, the commissioners and superintendent of police, the commissioners of public charities and correction, the fire commissioners, the chamberlain, the chief engineer of the fire department, the inspector of fire apparatus, the commissioners of health, the city sanitary inspector, the register of records, the commissioners of docks, and all other officers whose places are directed to be supplied by this act. All of said out-going officers are hereby directed and required, as soon as possible after the expiration of their said respective terms, to deliver to their respective successors all the property of every kind, and the books and papers, in their use and possession, respectively, belonging to the corporation.

§ 104. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed; but this repeal shall not be deemed to extend to any provision of any statute defining or prescribing the punish ment for bribery, fraud, or any other offense, or any misconduct in office. The President put the question whether the Senate would agree to said motion, and it was decided in the negative, as follows:

Mr. Madden moved to recommit said bill to the committee on the affairs of cities, with instructions to insert the following amendment: Add, at the end of section 3, the words: "excepting that the aldermen and assistant aldermen elected on the fourth Tuesday of April, eighteen hundred and seventy-two, shall be elected for a term of office commencing on the first Monday in January, eighteen hundred and seventy-three, and extending to and ending on the first Monday of May, eighteen hundred and seventy-four, and that no election for aldermen or assistant aldermen shall be held in the year eighteen hundred and seventythree, and that the aldermen and assistant aldermen now in office shall

continue in office until the first Monday in January, eighteen hundred and seventy-three, and that the said aldermen and assistant aldermen shall be, and they are hereby vested with all the powers and duties imposed on aldermen by this act."

The President put the question whether the Senate would agree to said motion, and it was decided in the negative, as follows:

Mr. Benedict moved to recommit said bill to the committee on the affairs of cities, with instructions to amend as follows:

"§ 2. The legislative power of the said corporation shall be vested in a common council consisting of a board of aldermen, which shall consist of six members from each Senate district to be elected as hereinafter provided, and of a board of assistant aldermen, which shall consist of two members from each Assembly district to be elected as hereinafter provided."

The President put the question whether the Senate would agree to said motion, and it was decided in the negative, as follows:

Mr. Benedict moved to recommit said bill to the committee on the affairs of cities, with instructions to amend as follows:

Strike out section 44, and insert the following:

"§ 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, 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

or may

distribute

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 be held in the same manner." The President put the question whether the Senate would agree to said motion, and it was decided in the negative, as follows:

Mr. Benedict moved to recommit said bill to the committee on the affairs of cities, with instructions to amend as follows:

Strike out section 46, and insert the following:

"§ 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 shall elect three commissioners in the place of those whose terms shall expire on the fifteenth day of May in such year, in the manner hereinbefore provided for the election of said commissioners in eighteen hundred and seventy-two. The commissioners so to be elected after eighteen hundred and seventy-two shall hold office for six years, from the fifteenth day of May of the year in which they shall be elected."

The President put the question whether the Senate would agree to said motion, and it was decided in the negative, as follows:

Mr. Johnson moved to recommit said bill to the committee on the affairs of cities, with instructions to amend as follows: Strike out section 44, and insert the following:

"§ 44. The commissioners of public safety shall be appointed by the common council on the recommendation of the mayor."

The President put the question whether the Senate would said motion, and it was decided in the negative, as follows:

FOR THE AFFIRMATIVE.

agree

to