such place as may be designated and provided by the common council, appropriated to the keeping of such office, in the treasury department, and shall keep in said office, besides his collection and revenue warrants, such other books, vouchers, records and accounts as the comptroller may, by regulation of the department, direct and prescribe, which books and records, with all other papers, shall remain in and pertain to said office, and be handed over to the successor or successors of said officer, or be deposited in the office of the comptroller.

24. BOOKS AND PAPERS OF-PAY OVER MONEYS DAILY.] Ibid. SEC. 22. All the city collector's papers, books, warrants and vouchers, shall be examined by, and the same are hereby placed under the supervision of the comptroller, together with the finance committee; and the said collector shall, daily, on receipt of the same, pay over all moneys collected by him, of any person or persons, to the city treasurer, taking his receipt therefor, which, said collector shall immediately file in the comptroller's office.

25. WEEKLY REPORTS-ANNUAL STATEMENT.] Ibid. SEC. 23. The city collector shall make report, in writing, under oath, to the comptroller, weekly, or oftener if required, of the amount of all moneys collected by him, the account upon which collected, and shall file with him the vouchers or receipts of the treasurer for the amount so collected. He shall also, in the month of April in each year, before the annual election, submit to the common council and finance committee, a statement of all moneys by him collected during the year, and the particular warrant, assessment or account upon which collected, and the balance of moneys uncollected on the warrants in his hands or returned to the comptroller, and a copy of such statement shall also be filed with the comptroller.

26. NOT TO RETAIN MONEYS.] Ibid. SEC. 24. The city collector is hereby expressly prohibited from keeping the moneys of the city in his hands, or in the hands of any person or corporation to his use, beyond the time prescribed for the payment of the same to the city treasurer; and any violation of this provision shall subject him to immediate removal from office, by the mayor with the concurrence of the common council; and it is hereby declared to be the duty of the mayor, upon such removal being made, to nominate and appoint a successor, with the advice and consent of the common council.

27. BOND OF CITY COLLECTOR.] Ibid. SEC. 25. The collector shall give bond with sureties, to the amount of not less than one hundred thousand dollars, and the amount of his bond may be increased to such sum as may be fixed by the common council, said bond to be approved by the common council and filed in the clerk's office and entered on record. He shall also be sworn, the same as other officers, to the faithful discharge of the duties of his office.*

28. LIABILITY OF, AS TO SALE FOR TAXES ONCE PAID.] Ibid. SEC. 26. If the collector shall receive any money for taxes or assessments, giv

* See post, chapter 11, section 2, and post, appendix—Act in regard to assessors and collectors; April 25, 1873.

ing a receipt therefor, for any land or parcel of land, and afterwards sell the same at any sale for taxes or assessments for the tax or assessment which has been so paid and receipted for by himself or his assistant, he and his bond shall be liable to the holder of the certificate given to the purchaser at the sale, for double the amount of the face of the certificate, to be demanded within three years from the date of sale and recovered in any court having jurisdiction of the amount; and the city shall in no case be liable to the holder of such certificate.

29. FINANCE COMMITTEE TO EXAMINE REPORTS.] Ibid. SEC. 27. The finance committee and the comptroller shall, annually, meet in the month of April, and compare all such reports and statements as are made by the comptroller, treasurer and collector, and report thereon to the common council.

30. FINANCE COMMITTEE TO DECIDE CONTROVERSIES OF OFFICERS. Ibid. SEC. 28. In the adjustment of the accounts of the treasurer and collector with the comptroller, there shall be an appeal to the finance committee, whose decision in all matters of controversy arising between said. officers in the treasury department shall be binding, unless the common council shall otherwise direct and provide.

SEC. 29. The comptroller,

31. ASSISTANTS AND CLERKS.] Ibid. city treasurer and city collector, shall severally appoint such various assistants, clerks and subordinates, in their respective offices as the common council may authorize; and shall be held severally responsible for the fidelity of the persons so appointed by them. Said subordinates shall, in all cases, be sworn to the faithful discharge of their duties, as other officers.

32. COUNCIL MAY PRESCRIBE OTHER DUTIES.] Ibid. SEC. 30. The said comptroller, collector and treasurer, shall perform such other duties, and be subject to such other rules and regulations, as the common council may, from time to time, by ordinance, provide and establish.

33. MONEYS TO BE KEPT SAFE EMBEZZLEMENT-PENALTIES.] Ibid. SEC. 31. The treasurer and city collector, and all receivers of city money, are hereby required to keep safely, without loaning or using,* all the city or public moneys collected by them, or otherwise at any time placed in their custody or disposal, till the same are paid over or directed, by the proper officer, warrant, law, or order of the corporation, to be transferred or paid out, and to make all payments and transfers promptly when thereto required by any law or order of said corporation, or under any regulation of the comptroller. And if any one of said officers, or of those connected with them in the collection, safe keeping or disbursing of said city revenues, shall convert to his or their own use, in any way whatever, or shall use by way of investment in any kind of property or merchandise, or shall loan, with or without interest, any portion of said city moneys entrusted to him or them for safe keeping, disbursement, payment, transfer, or for any other purpose, every such act shall be deemed and adjudged to be an embezzlement of so much of the said moneys as shall be thus taken, converted, invested, used or

* Amended; see next section (34).

loaned, which is hereby declared a felony, and any officer or agent of said city, and all persons advising or participating in such act, or being a party thereto, shall, upon conviction before any court of competent jurisdiction in this state, be sentenced to imprisonment for a term of not less than six months nor more than ten years in the penitentiary of this state; and also be fined in a sum equal to the amount of the money embezzled.

34. EMBEZZLEMENT-PENALTY.] Act March 29, 1869. SEC. 2. That section thirty-one of the said chapter fifth be amended by inserting in the third line, after the words "without loaning or using," the following words, viz.: "unless differently directed by ordinance or resolution of the common council," and also that the same words be inserted in the fifteenth line of the same section immediately after the words "without interest."

35. OATH TO OFFICIAL ACCOUNTS.] Act February 13. 1863, chap. 5. SEC. 32. All returns and accounts made, or required to be rendered under this act, by any of the officers in said treasury department, shall be verified by the oath of the person rendering it, in which said oath it shall be declared that said statement, so far as he knows or has reason to believe, is a fair, accurate and full statement of the matters to which it relates, and of all moneys in his hands, or which he or any one for him has received since his last official account was rendered; and that he has not directly or indirectly used, loaned, invested or converted to his own use, or suffered any one to* use, loan, invest, or convert to their or his use, any of the public moneys receivable or received by him, or subject to his warrant or control; but that he has acted diligently and without any collusion or fraud in the collection and disbursement of the public moneys of said city, and that he hath rendered a true and full account thereof in his said statement; which oath shall be attached to and filed with said accounts in the proper office of the comptroller or city clerk, as the case may be; and in case the said statements, or any of them, shall be false, the said person so making such statement shall be deemed guilty of willful and corrupt perjury, and shall be punished accordingly.

36. AMENDMENT OF PRECEDING SECTION.] Act March 29, 1869. SEC. 3. That section thirty-two of the said chapter five be, and the same is hereby, so amended that the word "unlawfully" shall be inserted before the word " use wherever the same occurs in the said section, so that the same shall be construed to read "unlawfully use," etc.

37. APPROPRIATIONS, WHEN MADE-FISCAL YEAR.] Act February 13, 1863, chap. 5. SEC. 33. All appropriations shall be based upon specific and detailed statements, made by some proper head of a department or officer of the city, and shall be made within the first quarter of the fiscal year; which fiscal year shall be held to commence on the first day of April in every year.†

38. EXPENDITURES OF CITY LIMITED-EXCEPTIONS.] Ibid. SEC. 34. Neither the common council, nor any department or officer of the city, shall

Amended; see next section.

+ See ante, section 10.

add to the city expenditures, in any one year, anything over and above the amount provided for in the annual appropriation bill of that year,* except as is herein otherwise specially provided; and no expenditure for an improvement to be paid for out of the general fund of said city shall exceed, in any one year, the amount provided for such improvement in the annual appropriation bill: Provided, however, that nothing herein contained shall prevent the common council from ordering any improvement, the necessity of which is caused by any casualty or accident happening after such annual appropriation is made. The common council may order the mayor and comptroller to borrow a sufficient amount to provide for the expense necessary to be incurred in making any improvement, the necessity for which has arisen, as is last above mentioned, for a space of time not exceeding the close of the next municipal year; which sum and the interest shall be added to the amount authorized to be raised in the next general tax levy, and embraced therein. Should any judgment be obtained against the city, the comptroller, under the sanction of the mayor and committee of finance, may borrow a sufficient amount to pay the same, for a space of time not exceeding the close of the next municipal year, which sum and interest shall in like manner be added to the amount authorized to be raised in the general tax levy of the next year, and embraced therein.†

39. SPECIAL EXCEPTION AS TO ASSESSMENTS ON CITY PROPERTY.] Act March 9, 1867, chap. 2. SEC. 11. Under the provisions of section thirtyfour (34) of chapter five, of the act to which this is supplementary, approved February 13, 1863, the common council is hereby authorized, in the event that any improvement shall be ordered after the making of the annual appropriation, some portion of the expense of which shall be assessed by the commissioners of the board of public works on some lot or lots of land owned by said city, to appropriate and borrow money for the payment of such assessments, as is provided for [in] cases enumerated in said section.

40. BONDS FOR FLOATING DEBT-ANNUAL TAX TO PAY INTEREST ON.] Act February 13, 1863, chap. 5. SEC. 35. The city comptroller is hereby authorized, under the sanction of the mayor and committee of finance, to issue and negotiate the bonds of said city, payable, principal and interest, in the city of New York, and bearing interest payable semi-annually at a rate not exceeding seven per cent. per annum, and becoming due and payable on the first day of April, 1881, to an amount sufficient to satisfy and retire all the floating debt now outstanding against said city, and which has not been heretofore provided for. Said bond shall be in the ordinary form of bonds of said city, and shall be issued in denominations of five hundred or a thousand dollars each, as the said mayor and comptroller may deem proper; and it is hereby made the duty of the common council, at the time of levying the general tax in each year, to provide for the payment of the interest accruing on the whole funded debt of the city, which is not otherwise provided for, in addition to the amount which they are authorized to levy for other purposes. 41. OTHER BONDS AUTHORIZED.] Ibid. SEC. 36. In addition to the

* See post, section 60.
+ See infra, section 50.

amount of bonds herein authorized to be issued, the common council may, in its discretion, provide by ordinance, for completing the issue of the bonds of said city to an amount not exceeding one hundred thousand dollars, authorized by the sixty-sixth section of the act amendatory of the city charter, approved February 18th, 1861: Provided, that the whole amount of the bonds heretofore issued pursuant to said authority, and of the bonds hereafter issued by virtue of this section, shall not exceed the said sum of one hundred thousand dollars. The proceeds of said bonds, when sold, may be used in paying the general expenses of said city and in payment of the expense, either in whole or in part, of such permanent improvements, chargeable to the general fund, as may be ordered by the common council before the making of the next annual appropriation.

42. HOUSE OF CORRECTION BONDS.] Ibid. SEC. 37. The common council may also, in its discretion, provide by ordinance for issuing and negotiating the bonds of said city, payable, principal and interest, in New York in twenty years from date, and bearing interest at a rate not exceeding seven per cent. per annum, payable semi-annually, to an amount not exceeding one hundred thousand dollars, for the purpose of purchasing grounds, either within or without the corporate limits of said city, and erecting the necessary buildings thereon for a city bridewell or house of correction. Such bonds shall be in the ordinary form of bonds of said city, and shall be issued in denominations of five hundred or one thousand dollars each, as the mayor and comptroller may deem for the best interest of said city.

43. ISSUE OF NEW IN PLACE OF MATURING BONDS.] Ibid. SEC. 38. Whenever any of the bonds of the city, which may have been heretofore, or may hereafter be, lawfully issued shall become due, the common council may authorize the mayor and comptroller to issue new bonds to an amount sufficient to retire and satisfy the same, running either ten or twenty years, bearing interest at a rate not exceeding seven per cent. per annum, payable semi-annually, and payable, principal and interest, in the city of New York. 44. REGISTERED BONDS SPECIAL INDORSEMENT.] Act February 15, 1865. SEC. 33. The common council may provide, by ordinance, for the substitution of registered bonds, payable to the order of the owner and assignable only by transfer on the books of the comptroller, for bonds payable to bearer, upon application and request of the owner of any of the bonds of the city; and the common council may provide that by indorsement of the comptroller on any bond payable to bearer, when presented for that purpose by the owner, such bond shall become payable only to the party named in such indorsement, his assignees or legal representatives, anything on the face of such bond to the contrary notwithstanding.*

45. REGISTER OF BONDS TO BE KEPT.] Act February 13, 1863, chap. 5. SEC. 39. The comptroller shall keep in his office, in a book or books kept separately for this purpose, a correct list of all the outstanding bonds of the city, showing the number and amount of each, and when and to whom the same were issued; and when any of said bonds are purchased or paid

For ordinance as to registry of bonds, see ante, Part I, chapter 2, "Bonds," page 5.