estimate:

$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 health, 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 estimate and statement, including all sums 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 hand), 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 sums raised mit of for the expenses of any year shall not exceed one hundred thousand dollars in amount, independently of such sums as may have 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 hereinafter 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 appor tioning the salaries of the members of the board, its officers, agents and employees, the following rules shall be observed:

expenses.

ment.

be paid by

1. The salaries and compensation of all members of the Salaries to board appointed to this board other than the health officer, county 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.

be appor

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 counties and towns (or counties to which they belong), in the ratio of the taxable property, real and personal, of each, in said district, according to the assessment under which the last preceding taxes therein were respectively levied.

What to be paid by Counties other than

and Kings.

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, unless as follows, that is to say: each other county (and each of said towns) 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 earned 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.

Expenses for a county,

apportioned

4. It is further provided, in respect of each of said counhow to be ties, that all the expenses caused 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 either 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 said estimate and statement shall, at least ten days Committee before the first day of September in each year, be submitted of revision. 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, Flushing 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 of 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 Determina the said objections. If such committee shall fail to meet, or of estimate if said board of estimate shall adhere to their original action

estimate.

tion of board

to be conclusive.

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 cause 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, annually estimated and as apportioned and finally deter

into treas

mined upon as said total expenses and estimate aforesaid. The To be paid sums of money so respectively raised, as provided for in this ury. act, shall be, by the proper officers, immediately 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.

borrow

$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 hereinbefore provided, and the amounts thereof shall, 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 required and expenses as aforesaid, and shall, with interest, be included, and the amount, with interest, collected in aud 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.

act a misde

$30. Whoever shall 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 health, or willfully omit to obey any such order, shall be guilty of a misdemeanor and be liable to be indicted and punished 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 officers, the omission or doing of such, 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 indictment and punishment for the same. A willful omission

conform to

a

meanor.

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 against any person for a misdemeanor under this act may be had or tried before any judge or tribunal having jurisdiction of any misdemeanor within said district, or within the town, city or village within which any such misdemeanor under this act was committed. And any person, corporation or body which may have 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 misdemeanor, 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, no greater amount can be recovered than the extent of the jurisJoinder of diction in other civil suits. And any such suits 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 court 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.

penalty to

defendants.

Copies of records, when evidence.

Officers to

act

$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 judicial 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 complaints 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 hearing or termination, and to render judgment and direct execution therein without delay.

take effect.

When act to $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, eighteen hundred and sixty-six.

CHAP. 78.

AN ACT in relation to the security to be given by supervisors of towns.

PASSED February 28, 1866.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

school

$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, shall, 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, funds 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 bond 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 provisions thereof except as herein specified.

S2. This act shall take effect immediately.

Ante, vol. 3, p. 528.

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 metropolitan 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:

S 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:

patrolmen

mond.

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