shall make and file a written certificate thereof in the office of the board of health, stating the name of such patient and the house or place where he shall then be, and the board of health may require any such physician to make and file in said office within such time as they may prescribe, not less than three hours, after service of a copy thereof upon him, an affidavit, stating therein whether he has or has not any patient who, in his opinion, shall then be sick of any such disease, and if he has any such patient to state in such affidavit his or her name, and the house or place in said city where he or she shall then be, and the nature and name of such disease, to the best of his knowledge and belief.

houses.

§ 6. The city council may by ordinance require every per- Boarding or son keeping a boarding or lodging house in said city, within six lodging hours after any seafaring man or sojourner shall be sick in such house, to file in the office of the mayor of said city, a certificate thereof, signed by him or her, stating the location of such house, and the name of such diseased person.

§ 7. No person shall remove any sick person having a conta- Sick persons. gious or infectious disease from any vessel or from any other place into said city, without a written permit for that purpose, granted by the president or one of the members of the board of health of said city.

under con

§ 8. The board of health of said city shall have the charge, Hospitals, control, and management of all lands, buildings and premises &c., to be therein, which may be purchased, owned, leased, or hired by the trol of the city council for the purpose of a hospital or hospitals, and for the health. purpose of preserving the health of the inhabitants of said city, it shall possess and may exercise the following powers:

board of

by land.

be removed

1. By proclamation to prohibit or regulate the intercourse by Intercourse land and ferries, or otherwise between this city, and any place or places where any infectious or contagious diseases shall prevail. 2. By resolution to direct any vessel lying at a place within Vessels may five hundred yards of any wharf, landing place or shore of such to a distance. city, and from which they shall deem it probable that any infectious or contagious disease may be brought into said city, or communicated to the inhabitants thereof, to be removed to the distance of at least five hundred yards from any wharf, landing place, or shore of said city within six hours after a copy of such resolution, certified by the city clerk, shall be delivered to the person or persons having command of such vessel, or to the master, owner, or consignee thereof; and every such person or persons, master, owner, or consignee, to whom such copy of such resolution shall be delivered, shall forthwith comply with the same.

3. By resolution to direct to be removed to the hospital of said Sick persons city, or other place to be designated by them, all persons sick of to hospital. malignant, infectious, or contagious disease, and all things within the city which in their opinion shall be infected with any matter likely to communicate disease to the inhabitants, and to cause such resolution to be carried into effect.

may be des

Bedding, &c., 4. By resolution to direct any bedding, clothing, putrid or untroyed. sound beef, pork, fish, hides or skins of any kind, or any other articles found within said city, and which in the opinion of the said board shall be dangerous to the health of the inhabitants thereof, to be destroyed by casting the same into the east river below low water-mark, at a suitable distance from the shore, or such other manner as it may direct; and it may employ such person or persons as it may deem proper to remove or destroy such articles; and every person who shall in any manner resist or hinder any person so employed, shall be deemed guilty of a misdemeanor.

Penalty for neglect or

refusal.

Duty of

health offi

cer.

Financial department.

Accounts to

be distribu

§ 9. Every person who shall violate or neglect or refuse to comply with any provisions contained in this title or in any proclamation or resolution made or passed by the board of health in pursuance thereof, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding two hundred and fifty dollars or imprisonment not exceeding six months or both; and all such fines when collected shall be paid to the treasurer of said city for the use of the said board of health.

§ 10. The health officer of said city shall visit all sick persons who shall be reported to the board of health in pursuance of this title, and report to the board of health in writing his opinion of their sickness, and he shall attend at said office at such times as the board shall direct, for the purpose of conferring with the president or other members of the board in relation to the health of said city. He shall visit and inspect all vessels coming to the wharves, landing places or shores of said city, or within five hundred yards thereof, which are suspected to have on board any infectious or contagious disease, or likely to communicate the disease to the inhabitants of said city, and all stores and places within said city which are suspected to contain putrid or unsound provisions or other articles likely to communicate disease to the inhabitants; and make and sign a report in writing, stating the vessel, stores, places and articles so inspected by him, and the nature, state and situation thereof, and his opinion in relation thereto as to the probability of disease being communicated by or from the same, and file such report in the office of the board of health. He shall also discharge such other duties as shall from time to time be prescribed to him by the board of health.

TITLE XI.

ON THE FINANCIAL DEPARTMENT.

§ 1. The accounts ot the city and the management of its finances, shall be under the direction of the comptroller of said city, subject to the provisions of this act, and to the ordinances of the city council.

§ 2. The said accounts shall be distributed into three distinct ted into classes; the first of said classes shall embrace all such expendi

three class

es.

tures as are to be made out of moneys raised by general tax upon the whole city, and shall be called the general fund; the second, such as are to be made out of moneys raised by a special or local tax or assessment, and shall be called the special fund; and the third class shall consist of the accounts of the sinking fund. And no honeys raised for the use of one of said funds shall be at any time used for the purposes of either of the other of said funds.

§3. The accounts of the general fund shall always exhibit General the receipts and expenditures of each department of the city fund. government; and no receipt or expenditure of money shall at any time be charged or credited to any other than its appropriate account. The accounts of the special fund, in addition to the special fund. general account of said fund, shall at all times exhibit the amounts received and paid under each item composing said fund, with the amounts received and paid for interest on each. The sinking fund account shall exhibit the amounts received into said fund. fund, specifying from what sources they have been received, together with the amount and description of securities belonging to said fund.

Sinking

Pledge for
of debts.

§ 4. The faith and property of the city shall remain pledged for the final payment of all moneys heretofore borrowed or raised the payment by said city under or by virtue of any law of this state; and' until said several sums of money shall be fully paid, there shall be levied and collected by a general tax, in the same manner as other taxes for said city, at large, the sum of seven thousand eight hundred dollars in each of the next ten years, and thereafter, annually, the sum of six thousand dollars.

be raised,

tion of loans.

§ 5. The several sums of money so to be raised, together Moneys to with all the interest accruing from its investment, and all moneys &c., pledged now raised for a similar purpose, shall be and remain pledged for redempand applied to the redemption of loans procured and to be procured by said city; nor shall any other investment or use be made of such moneys or securities except as is herein provided, and any other appropriation thereof shall be deemed a misdemeanor, and punishable accordingly.

Sinking

§ 6. The fund thus designated, together with all former and subsequent accumulations, shall be called the "sinking fund of the fund. city of Brooklyn," and shall be managed by the mayor, treasurer and comptroller of said city as ex-officio commissioners of said fund, a majority of whom shall constitute a quorum for the transaction of business.

How to be

§ 7. The said commissioners shall from time to time invest the money of said fund in any stocks, for the payment of which invested. the faith of this state, or of the United States, is or shall be pledged; or in any of the bonds or securities issued by said city; and to deposit said moneys with any safe moneyed corporation in this state, and make such contract with such institution, for the duration of such deposits and the interest thereon, as they shall consider for the best interest of such fund; and may, also, at

report to be made.

such times and upon such terms as they may deem advisable, pay any part of the moneys borrowed or raised as aforesaid, before the time limited for the payment thereof.

Semi-annual § 8. The said commissioners shall report to the city council semi-annually, at its first meeting in May and November, a particular account of the condition of said fund, specifying the receipts and payments since the last report, the amount and description of stocks held by them, with the interest they bear, the institutions holding deposites, the amount of such deposites, and the rate of interest paid thereon, respectively; also, the amount of loans purchased, if any, and the rate paid therefor.

Power to

manent loans

§ 9. The city council shall have power to make permanent make per loans for the use of said city, and to issue bonds therefor, payable at such times, in such manner, and at such rates of interest, not exceeding seven per cent., as they may direct, if the proposition for creating such debt shall have been previously submitted to the electors of said city at a regular charter election, of which three months' previous notice shall have been published in the corporation newspapers, and such proposition shall have then received the affirmative vote of a majority of the voters at such election. To be sub- § 10. The city council may, by ordinance, direct the mode and manner of submitting such proposition to the electors of said city.

mitted to

electors.

Loan when

§ 11. In case the majority of said electors shall be in favor to be made. of creating such loan, the city council which shall be in office next after such election has taken place, may, by the vote of a majority of all the members elected in each board confirm such loan; but no bonds shall be issued therefor until the joint board shall have made specific provision for a sinking fund, to be raised by an annual tax sufficient to pay and discharge such bonds at maturity.

Temporary loans.

Certificates

of indebted

issued.

§ 12. The city council after the taxes shall have been levied. in any year, shall have power to make temporary loans, in anticipation of the collection of such taxes, such loans to be applied to the purposes for which such taxes may have been levied, and for no other purpose, and such taxes shall be inviolably applied to re-pay such loans.

§ 13. The city council shall also have power after any assessness may be ment for a local improvement has been confirmed, and the contract for making the same has been entered into, to issue certificates of indebtedness to the contractor, payable out of such assessment when collected, and bearing interest after the expiration of one hundred and twenty days from the delivery of the assessment roll to the collectors, but no certificate shall at any time exceed seventy-five per cent. in value of the improvement so to be made, or of the work actually done.

Money borrowed how

ed.

§ 14. Whenever the city shall by law be authorised to borto be appli- row money for any specific purpose, the money so borrowed shall be applied only to such purpose, except the surplus thereof, if any surplus should remain after accomplishing such purpose;

and every member of the city council who shall knowingly vote for any misappropriation of such money, and every mayor, who shall knowingly approve of such misappropriation, shall be guilty of a misdemeanor, and may upon conviction, be punished by fine or imprisonment, or both.

TITLE XII.

OF THE MUNICIPAL COURT.

the munici

§ 1. There shall be elected at the first election held under Justices of this act, at the same time and in the same manner as other city pal court to officers, three justices of the municipal court of the city of be elected. Brooklyn, one of whom shall hold office one year, one two years, and the other three years, and the board of aldermen shall determine by lot the respective terms of office, of the said justices. From and after such election, the justices now in office shall cease to hold office, and one justice shall thereafter be annually elected who shall hold his office for three years.

ed.

§ 2. In case a vacancy happens in the office of a justice of Vacancies said court, the board of aldermen shall appoint a successor who how supplishall hold his office until the first Monday of May thereafter, and if such vacancy happens in the office of a justice whose term of office would not expire at that time, then a justice shall be elected at the annual election next after such vacancy, to fill such vacancy, from and after the said first Monday of May, for the residue of such unexpired term.

§ 3. The said justices shall possess all the power and authori- Powers of ty now vested in the justices of the said court, and shall have the justices. power to hear and determine all cases arising under the laws and ordinances of said city. They shall receive a salary to be determined by the city council, and shall hold a court at such times and places in said city as the said council shall designate.

TITLE XIII.

MISCELLANEOUS PROVISIONS.

false swear

§ 1. Any person who may be required to take an oath or af- Penalty for firmation under, or by virtue of any provision of this act, who ing. shall wilfully swear or affirm falsely to any material fact or matter under such oath or affirmation, legally administered, shall upon conviction be adjudged guilty of perjury.

of inhabit.

§ 2. No person shall be incompetent as a judge, justice, wit- Competency ness or juror, by reason of his being an inhabitant or freeholder ants to act. in the city of Brooklyn, in any action or proceeding in which the city is a party or interested.

enbezzle

83. Every embezzlement of money that shall be received Penalty for by any officer elected or appointed under this act, or by any clerk, ment. deputy or assistant of such officer, shall be deemed a felony, punishable by fine or imprisonment, or both.