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esiimate:

expenses.

S 28. The mayor and comptroller of the city of New York, Board of and the mayor and comptroller of the city of Brooklyn, its duties together with the members of said board created by this act, shall, on reasonable notice from said board, convene at the office of said board of bealth, as a board of estimate, a majority of whom shall form a quorum, and shall annually, on or before the first day of August make up a financial est te and statement, including all suns and expenses in arrear, and also any sum borrowed, as herein elsewhere provided for, of the sums required for the year commencing on the first day of January ensuing, annually (above any sums on band), for the expenses and proper support, and for the discharge of the duties of said board, including the proper expenses and disbursements of said board, and of the members or officers thereof in the discharge of their official duties, and for such other general or incidental expenses as may from time to time, in the judgment of such board of estimate, become necessary, with the enumeration thereof. But the suns raised Limit of for the expenses of any year shall not exceed one hundred thousaud dollars in amonut, independently of such sums as may bave been expended in the presence of great and imminent peril to the public health in said district by reason of impending pestilence and independently of the sums herein elsewhere provided, to be paid by or recovered back from any person or corporation. And the expenses for the remainder of the current year after the passage of this act, to be reckoned at the said rate of one hundred thousand dollars a year, independently of said extraordinary expenses and of said sums to be paid or recovered back, shall be estimated and apportioned to the several cities, counties and towns in Apportionsaid district as hereirafter provided, and collected in the next annual tax levies. Such estimate shall be accompanied by a written apportionment, made by said board of estimate, of the proportions of expenses applicable to and to be paid by each county, city and town in said district. And in apportioning the salaries of the members of the board, its officers, agents and employees, the following rules shall be observed :

1. The salaries and compensation of all members of the Salarins to board appointed to this board other than the health officer, conenty from any county, and of all officers agents and employees main duty is thereof, whose principal sphere of duty shall be in any county, shall be apportioned against and paid by such county.

2. The salary of the health officer, and all general, office, Salaries to coutingent and other expenses of the board, not included in tioned. the first class aforesaid, shall be apportioned against and paid by the respective comnties and towns (or counties to wbich they belong), in the ratio of the taxable property, real and personal, of each, in said district, according to the assessment under wliich the last preceding tåxes thereiu were respectively levied.

by

where their What to be paid by counties other than

be appor

Expenses lor a county, how to be apportioned

of revision.

3. But no apportionment against any county (or town

therein), other than the counties of New York and Kings, shall New York be made under the two foregoing clauses, wless as follows,

.

that is to say : each other county (and each of said towps) shall have apportioned against it and shall pay all disbursements and expenses arising, caused or ordered therein, to or by said board, or for salaries, and services, or portions thereof eårned or rendered therein, as the regulations of said board may provide; but such salaries and services will not include any portion of the salaries of the members of the board or of its general officers.

4. It is further provided, in respect of each of said counties, that all the expenses cansed by any act or any order of said board, or the execution thereof in or for any particular county or part thereof, shall be apportioned to and be paid by said county or part thereof; and any sums collected in eitber shall be credited to such county or part thereof, unless the same was on account of expenses incurred in some other county, city or town, and in that event it shall be credited thereto.

The sailil estimate and statement shall, at least ten days Committee before the first day of September in each year, be submitted

to the committee of revision composed of the presidents of the boards of supervisors of the counties of New York, Kings, Westchester and Richmond, and of the presidents of the board of aldermen of the city of Brooklyn, and of the supervisors of the respective towns of Newtown), Flushiug and Jamaica, in the county of Queens, who may meet, by a majority thereof, and consider and act upon the said estimate

and enumeration on or before the first Monday of September Revision or in each year. If the said committee of revision on or before

the second Monday of said September, shall object in writing to such estimate or apportionment, or any portion thereof, and so in writing by said date, notify, or cause to be notified the said board of estimate, it shall be the duty of the latter

to immediately and carefully revise the same, and consider Determine the said objections. If such committee shall fail to meet, or

, of estimate if said board of estimate shall adhere to their original action

and estimate, or if they shall modify the same, but they shall not increase the same, then their final determination, apportionment and action shall be binding and conclusive upon all concerned. And the board of supervisors of the counties of New York, Kings, Richmond and Queens (the expenses in the last named county to be charged and collected in, and in respect of the property of the towns of Newtown, Flushing and Jamaica), respectively, are empowered and directed, annually, to order and canse to be raised and collected by tax upon the estates, real and personal, subject to taxation according to law, within the said respective counties and towns, their respective proportions of the sums of money as aforesaid, anunally estimated and as apportioned and finally deter

estimate.

of board

to be conclusive.

into treas

borrow

mined upon as said total expenses and estimate aforesaid. The To be paid sums of money so respectively raised, as provided for in this ry. act, shall be, by the proper officers, iminediately and without deduction, paid into the treasury of the state, and shall constitute the separate fund herein elsewhere mentioned and provided, and be used only for the purposes of said board, and shall be paid from the state treasury, under such appropriate regulations as shall be agreed upon between the comptroller of the state, the state treasurer and the treasurer of said board.

$ 29. Said board may borrow on the credit of this act, and Board may of the funds to be raised thereunder, such amounts (the bor-money. rowing of the same respectively to be first approved in writing by the governor of the state) as may, in the opinion of said board be reasonably necessary and proper to enable it to discharge its duties and defray its expenses hereby authorized, up to the time when the requisite funds can be realized for said board and purposes from the taxation and sources herein provided for and authorized; and such moneys so borrowed, with legal interest, shall be a charge upon and shall be repaid by the said counties and cities and towns in the proportion hereiubefore provided, and the amounts thereof shali, in addition to the requisite annual expense to secure a future annual fund, be included or allowed in the next or first annual estimate of the sums reqnired and expenses as aforesaid, and shall, with interest, be included, and the amount, with interest, collected in and with the tax in this act provided for, and the same shall go into the said fund, and shall from thence, by the treasurer of the board, be paid to or in favor of the parties entitled. And said board may issue its certificates to those of whom it borrows money as herein authorized, under its seal, and signed by its president and secretary, and bearing interest at the rate of not more than seven per cent, and payable at a time not more than eighteen months from the date at which any sum may have been borrowed.

$ 30. Whoever sball violate any provisions of this act, or violation of any order of said board, made under the authority of the meanor. same or of any by-law or ordinance therein referred to, or shall obstruct or interfere with any person in the execution of any order of said board, or any order of the board of police. in pursuance or execution of the order of the board of bealth, or willfully omit to obey any such order, shall be guilty of a misdeineanor and be liable to be indicted and pavished for such offense; and in cases where it was made a misdemeanor to do or omit any act or thing, when any power or authority hereby conferred upon this board were exercised by any other board or officer or oflicers, the omission or doing of stich, or a corresponding act or thing, which this act requires, or contemplates to be done or forbids, shall in like manner be a misdemeanor, and the offender shall be liable to iudictinent and punishment for the same. A willful omission

& meanor.

defendants.

Refusal to or refusal of any individual, corporation or body to conregulations form to any sanitary regulation of said board duly made for

the protection of life, or the care, promotion or preservation of health, pursuant to its power or authority, shall be a misdemeanor, and the person or officers guilty thereof shall be liable to indictment and punishment as for a misdemeanor. And all prosecutions and proceedings agaiust any person for a misdemeanor under this act may be bad or tried before any judge or tribunal baving jurisdiction of any misdemeanor within said district, or within the towu, city or village within which any such misdemeanor under this act was committed. And any person, corporation or body which may bave willfully done or omitted any act or thing which is in this act, or any law or ordinance therein referred to, declared to be or to subject the party guilty thereof to punishment for

a misdeineanor, shall, in addition thereto, be subject to a penAdditional alty of two hundred and fifty dollars, to be sued for and be sued for. recovered by said board in any civil tribunal in said district,

except that in the marine, or justice, or county courts, 110

greater amount can be recovered than the extent of the jurisJoinder of diction in other civil suits. And any such snits may be

against one or more, or each or all of those who participate in the act, refusals or omissions complained of, and the recovery may be against one or more of those joined in the action, as the justice or conrt shall direct. And the provisions of this section as to jurisdiction of tribunals and costs shall apply to all suits by said board or its assignees, or the

assignees of the police board under this act. Pos'. p. 798 Copies of $ 31. Copies of the records of the proceedings of said board,

of its rules, regulations, by-laws and books and papers constituting part of its archives, when authenticated by its secretary or secretary pro tem., shall be presumptive evidence, and the authentication be taken as presumptively correct in any court of justice or jndicial proceeding, when they may be relevant to the point or matter in controversy, of the facts, statements and recitals therein contained; and the action, proceedings, authority and orders of said board shall at all times be regarded as in their nature judicial, and be treated as prima facie just and legal.

$ 32. It shall be the duty of all prosecuting officers of crimpromptly. inal courts and police justices to act promptly upon all com

plaints and in all suits or proceedings for any violation of this act, and in all proceedings approved or promoted by said board, and to bring the same to a speedy bearing or terinination, and to render judgment and direct execution therein without delay.

$ 33. This act, so far as it relates to the appointment of the sanitary commissioners provided for therein, shall take effect immediately, and shall, in other respects, go fully into effect on the first day of March, eighteun hundred and sixty-six.

records, when evidence.

Officers to

When act to take effect.

school

CHAP. 78.
AN ACT in relation to the security to be given by super-

visors of towns.

Passed February 28, 1866. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

S 1. In addition to the bond or bonds that the super- Bonds for visors of the several towns of this state are now by law moneys. required to execute, the supervisor of every town in this state, which has a local school fund belonging to said town, sball, before entering upon the duties of his office, execute a bond with two or more sufficient sureties in double the amount of all school moneys, fuds or securities belonging to such town, and which, by law, is under the control or in the custody of the supervisor of such town; such boud to be in accordance with the requirements of section twenty of chapter one hundred and seventy-nine, Laws of eighteen hundred and fifty-six, and subject to all of the provisious thereof except as herein specified. $ 2. This act shall take effect immediately.

Ante, vol. 3, p. 528.

6

CHAP 84.
AN ACT to amend an act passed April twenty-five, one

thousand eight hundred and sixty-four, entitled “ An act
to amend an act entitled •An act to establish a metro-
politan police district, and to provide for the government
thereof,' passed April fifteen, one thousand eight hundred
and fifty-seven," passed April ten, one thousand eight
hundred and sixty.

Passed February 28, 1866 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1. The eleventh section of the act to amend an act entitled “ An act to establish a metropolitan police district and to provide for the government thereof," passed April twentyfifth, one thousand eight hundred and sixty-four, is hereby amended by adding thereto the following:

" The quota of patrolmen and officers for the county of quota of Richmond, to be appointed by the board of metropolitan for Riche police, and whose services are to be paid for by contribution of said county, to the metropolitan police fuud, shall be a captain, twenty-five men and two sergeants, and such addi

mond.

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