The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-13
Health OF the Ctty-Ordinanse or the Gem
mon Council.


Common Council, just published, organizing the
municipal government of the city of New York,
and prescribing their powers and duties,
pursuant to the new charter, which was
passed bv the Legislature on the second of
April, and subsequently ratified by the citizens at
the charter election The provisions of this enact
ment have already been published in the Herald,
and the present ordinance is but an application
of these. The departments and bureaux, they
are called, in imitation of Paris, have been fully
explained to the reader. But there is one depart
ment that cannot too often be brought under the
notice of the public at this crisis. 1t is the de-
parlment of the City Inspector. Relating as 1t
does to the health of the city, suboin, without
abridgement, the entire of that part of the ordi-
nance that prescrlbes his duties and powers, in
der that 1t may be seen how far he is dscha rging
the responsibility that devolves upon him.
The City Inspectors Department shall have cogui-
of all matters relative to the health Of the city
The chief officer Of the City Inspectors Department,
shall be denominatad the City Inspector.
The City Inspector before entering upon the duties
of his Office shall execute bsnd to tho Corporation,
with at least two suretes to be approved by the Mayor
and sled in the Office Of the Comptroller in the penal
Of tive thousand dollars conditioned for the faith
full performance Of the duties of his office
The City Inspector shall all ssary measures to
ascertain ere'y nuisance Which ert in The city OF New
York. and to cause it to be forthwith removed.
He shall cause all putrd and unsosd beef, pork fish,
hides skins all dead animals and erery putd offensive,
nsound unwhoesoms substance found in any street
other place in the c,y, to be frhoim reored aud cast
into the river at least three hundred yards from tho
wharf otherwise disposed Of most eec
tually to secure the public health.
lie shall inspect to be Inspected all prives,
sinks and cesspoos in the city Of New York. and see
that the same are built according to law.
He shall license such persons rs may be proper to
act night scaveDgers all any of whom be may at
any time dispaco and appoint Others in their stead
and shall make such rules and regulations for their
government
lie shall keep register in which he shall enter the
thorise to be empted and the days which the emp
tying thereof shall be required.
He shall all such boarding and lodging houses
the Board Of Health shall direct to be examined and
shall report to that Board the number Of each house
and the of the street In which it is situated the
of the tenant occupant the number of dodgers
boarders therein with their and occupations;
the number Of apartments therein, and the apart
ments used as lodging rooms.
He shall inspect, to be inspected all houses
reported mentioned in the last section often as
he shall deem necessary and at least once in each
week between the first day Of May and the first day of
November In each year.
He shall obey all orders and Instructions given by the
Board Of Health, pertaining to the performance Of all or
He shall receive and file in his office all reports di.
reced to be made to him by easurers weigh masters
and inspectors, and shall make aggregate report
thereof to the Common Council, during the month Of
He shall from time to time report to the Common
Council respecting all lots yards buildings cellars,
alleys sinks vaults cesspoos, privies public and pri
require cleansing altering repairing, in order to
preserve the health of the city.
Board of Health, all circumstances which shall
to his knowledge endangering the health Of tho city
He shall report to the Common Council suitable
dinances for the correction and removal OF null
and when the same shall be passed shan record
the whose duty 1t shall be to correct abae
remove such nuisances
He shall keep register OF the names Of all persons
returned rs dead which shall be open at all conve-
nient times to pubcinspection:
He shall publish. Tuesday ofeach week in the cor
poraon papers list Of the deaths occurring during
the preceding week. with the ages and diseases
of tho persons dying; and during tho month Of
January in each year, he shall report to the Common
Council and publish in like manner, the whole number
Of deaths the city, during the eding year with
the ages and diseases the persons so dying
He shall superntend the enforcement Of all the ord
nances relating TO his department. shall report to the
from time to time suggest to the Common Council
such alterations or Improvements in the ordinances
as he may deem proper
He may enter ato any premises at any time between
sunrise aud sunset and examine building cellar,
vault, sink cesspool prvy lot yard, alley in the
city.
Hemay by an order in writing direct any nuisance
to be abated or unwhoesome matter or substance to
be removed and may prescribe the time and mode Of
doing so. and the place to which such offensive
wholesome matter or substance shall be removed
He may cause the nuisance TO he abated, the mat
ter substance to be removed in Of neglect
refusal to comply with such order by the person whose
duty 1t is to comply Herewith after he shall have been
personally served with a copy of the order.
He may grant permission to empty any sink prvy,
or cesspooi which may in his Judgment require to be
emptied, when the public health will not be- endangered
thereby.
He may with the written consent of the Mayor grant
permit for the removal Of the remains OF any person
inferred within the city to place without the same
on the application Of relative friend Of such person.
whom there shall appear no Just objection thereto
There shall be clerk in the City Inspectors depart
Inspector and who shall all reports documents
and papers appertainng to the department and per-
form such other duties connected Herewith may be
directed by the City Inspector.
There shall be an officer in the City Inspectors De-
partment, to be denominated the Deputy City In
The Deputy City Inspector before entering upon the
duties of his Office shall execute bond to the Corpora
ton with or sureties to be approved by tho
Comptroller in the penal Of two thousand dollars
conditioned for the faithful performance Of the duties
He shall assist the City Inspector in the performance
Of the duties imposed upon that officer by the last chap
ter and shall for that purpose possess all the powers
therein conferred upon the City Inspector.
He shall, from time to time, report to the City In
spector all facts within his knowledge relating to or
affecting the public health aid shall perform such
other duties appertainpg to this department may
be directed by the City Inspector
If the health of the city is not preserved by proper
publication, it is not for want of ample powers
given to the City Inspector He has the power to
"abate every nuisance" and to "remove every
putrid, offensive, unsound, or unwholesome sub
stances" and further, he is bound to "obey all or
ders and instructions given by the Board of Health
pertaining TO the performance of all any of his
duties" If he is found wanting in the discharge
OF his duty, he may be removed from office by the
Common Council, upon impeachment for delin-
quency. But then, unfortunately, the RESPONSE
bilty is SO complicated and divided, that inspec-
tor may be continued in Office though the SANITARY
condition of the city may be utterly neglected. The
Board of Health may fail to give proper instruc.
tons, or may give improper ones or the Assistant
Aldermen may neglect to lnlpeach, or the Alder
men may neglect to try; and in any OF these events
he may escape with IMMUNITY, and pocket his sa-
AIRY, unless, indeed, the public prosecutor think fit
to indict him-an alternative far less likely than
any of the others. The following are the sections
of the ordinance relating to impeachment
Any officer Of the city government except the Mayor
and members Of the Common Council and, except
where provision 10 otherwise made BY the laws Of this
State may be removed from office by resolu-
ton Of both branches Of the Common Council; pro-
vided that removal shall take place until the party