45. All officers or
other persons, to whom the
receipts or expenditures of the
city, or fees or funds payable
into the city treasury, shall be
entrusted, shall give sufficient
security for the faithful
performance of their duty in
such form and amount as the
Common Council may prescribe,
which shall be annually renewed.
46. No additional
allowance, beyond the legal
claim, under any contract with
the Corporation, or for any
services on its account, or in
its employment, shall ever be
allowed.
47. No bid shall be
accepted from, or contract
awarded to, any person who is in
arrears to the Corporation upon
debt or contract, or who is a
defaulter, as surety or
otherwise, upon, any obligation
to the Corporation.
48. No Alderman shall
hereafter sit or act as Judge of
the Court of Oyer and Terminer,
or in the Courts of General or
Special Sessions in the city and
county of New York ; but this
section shall not prevent his
exercising the power of
magistrate in the arrest,
commitment, or bailing of
offenders, excepting that he
cannot let to bail or discharge
a person arrested or committed
by another magistrate. Courts of
Oyer and Terminer, in and for
the city and county of New York,
may be held by a Justice of the
Supreme Court and the Court of
General Sessions in and for the
said city and county, by the
Recorder or City Judge of the
said city and county; of Special
Sessions therein, by any two
Police Justices of said city ;
and, when either of the said
Courts shall be held as
aforesaid, all the powers and
jurisdiction appertaining by law
to each of said Courts shall be
possessed and exercised by the
officer or officers holding the
same.
49. The Grand Jury of the
county may present any officer
other than Mayor, Counsel to the
Corporation, or Comptroller,
created by or holding office
under this charter, but only
upon testimony from witnesses
who are personally cognizant of
the facts they testify to, and
after the person so charged
shall have had a reasonable
opportunity to appear before
said Grand Jury in person, in
explanation thereof. This
presentment may charge such
officer with willful and
fraudulent omission of duty, or
commission of any official act
prohibited by law. It shall be
filed with the Clerk of the
Court, to which the presentment
is made. A copy shall be
served upon the officer
presented as aforesaid, who
shall be required to plead
thereto as an indictment. If he
admit the charges of the
presentment so filed and served,
the Court shall declare his
office vacant. If he deny them,
the said presentment shall be
tried in the same manner as an
indictment. If the jury convict
him of any charge contained in
the presentment,
the Court shall then declare his
office vacant. The Court shall
order its declaration, if the
person so presented shall be
found guilty, to be entered on
its Minutes, and a copy thereof
filed with the Clerk of the
Common Council, and thereupon
the said office shall become
vacant, and the person so
convicted shall forever be
disqualified from holding any
office, not elective, under the
city charter.
50. The city of Now York
shall be divided into Seventeen
Aldermanic districts, as follows
:
The first district shall
consist of all that part of the
city south of a line drawn from
the Hudson river through the
middle of Chambers street to the
middle of Duane street, down the
middle of Duane street to Rose
street, down the middle of Rose
street to Frankfort street, down
the middle of Frankfort street
to Pearl street, down the middle
of Pearl street to Dover street,
and down the middle of Dover
street to the East river.
The second district shall
be bounded southerly by first
district, then up the middle of
Broadway, from Chambers to
Franklin street, down the centre
of Franklin to Baxter street, up
the centre of Baxter to Bayard
street, through the centre of
Bayard to Bowery, down the
centre of Bowery to Catharine
street, and down the centre of
Catharine street to East river,
and cast by the river.
The third district shall
be bounded southerly by the
first district, then up the
middle of Broadway from Chambers
street to Spring street, through
the middle of Spring street to
Hudson river, and bounded west
by the river.
The fourth district shall
be bounded southerly by second
district, then up the middle of
Broadway from Franklin to Grand
street, through the centre of
Grand street to Clinton street,
down the centre of Clinton
street to East river, and east
by the river.
The fifth district shall
be bounded southerly by the
third district, then by a line
drawn up the middle of Broadway
from Spring street to Fourth
street ; thence through the
centre of Fourth street to
Christopher street, and through
the centre of Christopher street
to Hudson river, and bounded
west by the river.
The sixth district shall
be bounded southerly by the
fourth district, then by a line
drawn up the middle of Broadway
from Grand street to Houston
street, then down the middle of
Houston street to Clinton
street, and down the middle of
Clinton street to Grand street.
The seventh district
shall be bounded southerly by
the fifth district, then by a
line drawn up the middle of
Broadway from Fourth to
Fourteenth street, and through
the centre of Fourteenth street
to Hudson river, and west by the
river.
The eighth district shall
be bounded south and east by the
East river, on the west and
north by a line drawn from the
river up the middle of Clinton
street to Houston street, and
down the middle of Houston
street to said river.
The ninth district shall
be bounded southerly by the
seventh district, and then by a
line drawn through the middle of
Sixth avenue from Fourteenth
street to Twenty-sixth street,
and then through the centre of
Twenty-sixth street to Hudson
river, and west by the river.
The tenth district shall
be bounded on the south by the
sixth district; thence by a line
drawn through the middle of
Broadway, from Houston street to
Fourteenth street, down the
middle of Fourteenth street to
avenue A, and down the middle of
avenue A to Houston street.
The eleventh district
shall be bounded southerly by
the ninth district ; thence by a
line drawn through the middle of
Sixth avenue, from Twenty- sixth
street to Fortieth street, and
through the centre of Fortieth
street to Hudson river, and west
by said river.
The twelfth district
shall be bounded southerly by
the middle of Houston street;
thence by a line drawn up the
middle of avenue A, from Houston
street to Fourteenth street, and
down the middle of Fourteenth
street to the East river, and
east by said river.
The thirteenth district
shall be formed of the territory
now known as the Twenty-second
Ward.
The fourteenth district
shall be bounded by a line
commencing at the intersection
of Fourteenth street with the
East river ; thence through the
centre of Fourteenth street to
the Sixth avenue ; thence
through the centre of Sixth
avenue to Twenty-sixth street ;
thence through the centre of
Twenty-sixth street to the East
river, and easterly by said
river.
The fifteenth district
shall be bounded southerly by
the Fourteenth district; thence
through the centre of Sixth
avenue, from Twenty-sixth street
to Fortieth street ; thence
through the centre of Fortieth
street to the East river, and
easterly by said river.
The sixteenth district
shall comprehend the territory
now known as the Nineteenth
Ward.
The seventeenth district
shall comprehend the territory
now known as the Twelfth Ward,
being that portion of the city
of New York north of the centre
of Eighty -sixth street.
51. The Mayor,
Aldermen, and Councilmen,
provided for in this act, shall
be elected at the first election
for charter officers, to be held
after the passage hereof, which
election shall take place on the
first Tuesday of December,
eighteen hundred and fifty-seven
; all persons who shall have
been elected under former laws,
regulating or affecting the
election of charter officers,
and shall be in office at the
time of the passage of this act,
shall continue in office until
the officers elected under this
act shall take office, and no
longer, except that the offices
of Commissioner of Repairs and
Supplies, and of Commissioner of
Streets and Lamps, are hereby
abolished, and except that the
persons now filling the several
offices of Comptroller, Counsel,
the Corporation, Street
Commissioner, and City
Inspector, and the officers of
the Crotón Aqueduct Department,
shall continue in office until
the expiration of their several
terms, and shall not be removed
from office during such
continuance, except for the
cause and in the manner provided
for in sections 20 and 49 of
this act, and all other charter
officers, and all school
officers, and each Governor of
the Almshouse, whose terms of
office may expire with the
present municipal year, shall be
also elected on the day before
provided for by this section.