Year: 1867

successor


Should the Common Council neglect or refuse ia


make appropriations for the several amounts herein


authoIlzcd by law or any other amounts which are re-


necessary expenses of the City Government and the


ea boards or commissioners thereof within 80 days from


the Of this act then and in that case Mayor


and Controller are hereby authorized and directed TO


ase sau appropriations; and the appropriations thus


MADE by the Mayor and Controller shall be in effect the


same as II made by the Common Council.


SEC A. The said several sums shall be applied only 10


the objects and purposes for which the same are hereby
appropriated; and neither said corporation. nor any
board department officer or agent thereof shall incur
mt or vote for authorize, directly or indirectly any
expenditure or expenditures for any OF the objects ana
purposes specified the aggregate OF which expenditures
and OF the liabilities under such contracts shall exceed
the sum appropriated for said purpose or for any Other
purpose or object than that herein specified.


SIC. 8 The Mayor Aldermen and Commonalty Of the
City OF NewYork shall not be liable upon any cOntrac
made, expenditures authorized, liability incurred
by any board department officer OF said corporation
for any object purpose which Is not expressly anth0


authorized or liability incurred by any board de-
partment. officer of said corporation Tor any
object purpose named in this act beyond the amount
appropriated 10 such specific object or purpose ana no
Judgment in actions upon contract shall be entered y de
except proof in court that the amount sought
TO De recovered in said Judgment Sun remains
ed in the city treasury 20 the credit OF the
Tor the year TO the speoifled object fprpose upon witch
the claim for founded and in 1t shall appear
by defendants proof that other liabilities nave Deen IN
CURED by work done for said corporation or any depart


ment board member officer agent thereof under any
contract expressed implied the amount OF which LA,
bties together with the claim sued upon, sha exceed





about which said claim and liabilities arose Judgment
shall be rendered the plaintiffs favor in such action
But nothing in this Act contained shall be construed TO
impair or affect any claim for advertising required under
the provisions and authority of existing laws when such
claim has been duly certified and audited -, l.,


SEC G. No Judgment in actions upon contract made IN
the year 1866 shall be entered by default or otherwise IN
any court against the Mayor Aldermen and ComnOnaly
Of the City of NewYOrk, except upon PROOF IN open
court that the amount sought 10 nc recovered III s
Judgment still remains unexpended in the CITY treasury
the credit OF the appropriation Tor the year 1860 lOf
the specified object or purpose upon MhSa Ine cia,
the Mayor Aldermen and Commonalty of said city shall
be brought in the Supreme Court OF the First Judicial
District, which Court shall have exclusive eoSnizaDce OF


SIC 4 No portion Of the amount raised under authority
of tins act shall be paid out or expended In dschasg
any obligations Indebtedness incurred In the year lc6
prior thereto except for any such obligation or ndeb
edness which herenbefore expressly directed TO be paid
out of such amounts


SEC g. The terms Of office Of the persons consu
ing tine Board OF COuncimen OF the City OF Newly ORR are
hereby extended to the first Monday of January 1862
and hereafter the term OF Councmen elected snail De oi
full period Of two years. Hereafter II shall not he
lawful for the Common Councillor the CITY OF
or for either Board thereof TO appropriate eAeu OF
authorize the expenditure OF any moneys DeOhghgt 10


the corporation OF said city Tor any purpose waiener OF
to create any obligation binding on s9u cOiPOrat0h A
cept by vote OF threeourh of all the members elected
each Board shall any property of said corporation
be transferred or leased, except by like vote


SEC The Controller OF the City Of New York, Chaun
cey NJ. Depow. Benjamin W. Bonney, Lewis T. Woodruff,
and John + Martndae, are hereby created Board of
Audit for the adjustment and settlement of al legal or
equitable claims and accounts outstanding plor 10 Jan
l, A. d. 1867. against the Mayor, Aldermen aud Com
monay Of the City OF New York, who shall determine
under OATH the amount ON edCn claim, ana Shdl
certify 10 the Board OF SUPERVISORS OF the County o New
York the allowed by Them with the reasons for such
allowance and the said Board Of Supervisors are hereby
directed, al their first regular annual meeting TO cause 10
be raised hyax upon the estates personal ana real within
the said City ana County 9t New ois, an a4oI H ~ sun @
legal expenses hereafter mentioned by majority OF
against the City Of NewIork now unadused are here
by required 10 present the same TO the said Board OF
Audit within three months from the passage Of this act
and in case any person now haNlnS an outsLAIui.g g
demand against the Mayor, Aldermen and ConlnOhalty
such claims the Board Of Audit within the said period
three months from the passage OF this act he shall be
OF action which he may have against the said the Mayor
Aldermen and Commonalty OF the city OF York ar
them shall within ten days after the passage o this act
appoint day and place al which they viii proceed with
the hearing open Board of the matters OF such claims
which appointment shall he made by them by publishing
a notice OF the same in TIE NEW-YoRK TRIBUNE, Ihc
Woyld at least least thirty days before the day
named therein for the hearing OF such claims, ms
Of the City Of New York ,g apptsI Deiov @ sS9 Oau Ul
AUDIT on behalf OF 81 s,id a. ha5U' o., f & ~, anu d m
protect and defend the interests Of the said City therein
and ia employ assistant counsel therein whenever may
deem NECESSARY aud ON such hearing any member Of the
claim The said Board of Audit are hereby authorized
and empowered TO appoint a clerk q salary not exceed
ing g for each and every day he shall be engaged an ANA
aont the said matter; issue subpUuas. with dcS iecD
IL necessary administer Oaths afirmations and TO
make their report wrHDg TO tie Board OF Supervisors
OF the County Of New-York, which report shall be


final and conclusive upon such clamansand the said the
Mayor, Aldermen and Commonalty of the city OF New
York II the said Board Of Audit hereby created shaH
find and report that any person has just or equitable
clam against the Mayor Alderman, aud CommoDaity OF
the City Of NewYOrB the amount OF when shah Dcbpec
fled in THEN report such amount shall be paid 20 the par
ties named in said report by the Controller OF the City
raised as aforesaid it shall lawful the SAID Con
toer upon proper vouchers therefor TO pay all The le
gal expenses incurred by the authorization of the Board
OF Audit in carrying into fun effect the foregoing
provisions, or IN his defending suits nov. now
him by Of official action. Nothing herein con
tanned shall be construed TO aiect any CAIN I'M upon
which suit is now pending; and IN cases where evidence
has been taken IN judicial proceedings TO recover sd
claims AZ law the said claims shall be heard and deter
mined by said Board OF Audit upon such evidence ana
upon such other and additional evidence as may bc
OeTe Dy sb receive $40 per day for each d
OF actual But the said Board Of Audit is forbid
which an action law could not be brought a the time
OF the passage Of this act by reason of the statute
in this State, or which has been rejected by
any court or judge for some reason other than
the want OF appropriation or fund 70 meet the same
Provided however that where action has been pend
ing any claim and such claim has been rejected for the
want OF appropriation fund 20 meet the same the
time during which such action has been pending shall not
be counted as any part OF the limitation OF time OF com


SEC. 10. Hereafter all estimates Tor the anticipated
annual expenditures OF al board aud departments OF the
the che officer Of every such board and department IN
with the Mayor and Controller OF said city and
submitted 20 the Common Council OF said city at the first
meeting thereof January OF each yeaand said estimate
whether acted upon OF not by SAID Common Council shan
within three weeks from the time Of being sub
mtted the said Common Council, and said estimates
shall taken the sole official estimates OF such
Board Department for such annual expenditures Of
the year when presented


SEC H. THIS act shall take effect Immediately.


The way the County Tax levy carried through both
Houses was shameful In 1t crowded the provisions
Of many bills which would have passed if they had
not been tackled 10 this levy To show you how much
the powers Of the METROPOLITAN Police are increased
send you the following extracts from the levy 1.-The





rewards for the detection OF all classes Of crme they
san also increase their force to 1900 men when they
think proper, and appoint a captain and as many
sereeants not however, exceeding four 20 each pre-