Official term of first Commis sioners. Oath. Term of Office and appoint quent commissioners. Vacancies. to some other district, shall be construed to refer to said "The Metropolitan Sanitary District of the State of New York." And the term "sanitary commissioners" shall refer to the members of said board who are not also members of the Board of Police, and whenever the words "police," "board of police," or "police commissioners" are used in this act, they shall be taken and construed to mean the "Board of Metropolitan Police Commissioners of the Metropolitan police district of the State of New York." And whenever the words "place, matter or thing," or either two of said words, are used in this act, they shall, unless the sense plainly requires a different construction, be construed to include whatever is embraced in the enumeration with which they are connected in either and both clauses of the fourteenth section of this act. § 3. The said four persons so appointed shall hold office as such Sanitary Commissioners respectively for the terms following namely: One for one year, one for two years, one for three years and one for four years, and until their successors are appointed and qualified. Immediately after the appointment of said four persons as aforesaid, they shall meet in the office of the Secretary of State, and shall proceed, under his direction, to determine by lot which of them shall hold, for the respective terms of one, two, three, and four years, the said office of Sanitary Commissioner. Immediately, and before entering upon the duties of the office, they shall take the oath prescribed for State officers by the constitution of the State, and shall file the same in the office of the Secretary of State, who upon receiving the said oath of office, shall issue to each of said commissioners a certificate of appointment for his respective term of office so determined as aforesaid; upon receiving which they shall severally be and become Sanitary Commissioners, and shall possess and exercise the powers and perform the duties of said board as defined in this act. § 4. The term of office of each of the said Sanitary Commissioners, after the expiration of the terms aforesaid, shall be four ment of subse years, and they shall be appointed upon the nomination of the Governor, by and with the advice and consent of the Senate. Any vacancies that may occur by reason of death, resignation. removal from office or otherwise, shall be filled in like manner, But if any vacancy shall occur during the recess of the Senate, the Governor may fill such vacancy by appointment, and the person so appointed shall hold office until twenty days after the next meeting of the Senate. Secretary. § 5. Immediately after the four appointed Sanitary Commis- Organize. sioners shall have taken the oath of office as above provided, they shall meet with the Commissioners of the Metropolitan Police, and the Commissioners of Metropolitan Police with them and the Health officer of the port of New York, and organize as a Board of Health by electing one of said Board to be President, and one President. of said Board to be Treasurer thereof, and by appointing a proper person to be Secretary of said Board. And the successive Presidents of said Board of Health shall be annually elected by the said Board from the members thereof, and the successive Treasurers shall be members of said Roard; but the Secretary shall not be a member of the Board. The Treasurer and Secretary Treasurer and shall respectively continue in office as such until removed by the election of a successor or otherwise. The said Sanitary Com- Salaries. missioners shall each receive a salary of two thousand five hundred dollars a year; and each Police Commissioner who may be a member of said Board of Health, and the Health officer, shall as such receive a salary of five hundred dollars a year; and the member of said Board of Health, who acts as Treasurer, shall receive an additional compensation of five hundred dollars a year for his services as Treasurer. All salaries allowed under this law shall be payable as the Board shall provide. But for every regu- tend meetings. lar or special meeting of said Board, which any Sanitary Commissioner or the Secretary shall fail to attend, there shall be deducted from the salary of the person so failing the sum of ten dollars; and for every failure of a Police Commissioner, or of said Health officer to attend any such meeting, there shall be deducted from his said salary the sum of two dollars; and it shall be the duty of the Treasurer to see that all such deductions are made before payments of said salaries. The Board may appoint a Cor- Corresponding responding Secretary at an annual salary not exceeding one thousand dollars. Failure to at Secretary.. § 6. The President of the said Board shall preside and preserve President. order at the meetings of the Board; and in case of the absence of or inability of the regular Secretary to attend, he shall appoint a Secretary pro tem., who, for the time being, may perform any duty of the Secretary. The President shall have all the power and authority given to the "City Inspector," in the six hundred and forty-sixth chapter of the laws of eighteen hundred and sixty *Amended, Laws of 1866, Chapter 686, Section 4. + Amended, Laws of 1867, Chapter 956, Section 16. Amended, Laws of 1866, Chapter 686, Section 4. Amended. Laws of 1867, Chapter 956, Section 1. Street Cleaning. Old contracts. Officers, prc. tem. Duties of Secretary. Salary of Secrctary. Seal. Treasurer. Bond. Treasurer's accounts. five, (passed May first, eighteen hundred and sixty-five), in res- § 7. The Treasurer of said Board shall be the fiscal officer of the Board. He shall hold, and on check and voucher, duly disburse, as said Board may order, and for the purposes of and in conformity to this act, the moneys he may receive, or belonging to the fund herein provided; and shall deposit the same when paid to him by the Treasurer of the State of New York, or otherwise, and pending the regular disbursement thereof, in a bank or banks in the city of New York designated by such last named officer. He shall execute a bond, with not less than two sureties, conditioned in a penalty of thirty thousand dollars, to the people of the State of New York, for the faithful discharge of his duties as such Treasurer. The sureties, not less than two in number, shall justify before a Justice of the Supreme Court, in the aggregate in a sum not less than twice the last named amount; but before the said Treasurer shall enter upon his duties the said bond shall be approved by and filed with the Comptroller of the State. The Treasurer shall keep, or cause to be kept, books showing all his receipts and payments, and shall preserve his vouchers therefor; and should any collections ever be made on such bond, or in suits or proceedings, or otherwise, by said. *Amended, Laws of 1867, Chapter 956, Section 1. Board, the amount thereof shall be received and accounted for by the Treasurer, or in case of collection on his bond, by the recipient thereof, to the State Treasurer, and be deposited in the bank or banks aforesaid, applied for the legitimate uses of said Board, or as herein elsewhere provided. Hold no other §8. Any sanitary commissioner of said Board who shall accept or hold any political or municipal office during his term of office. office, or shall be publicly nominated for any office elective by the people, and shall not, within ten days succeeding his knowledge thereof, publicly decline the said nomination, shall, in either case, be deemed thereby to have vacated his membership of said Board, and the vacancy so created shall be filled as is provided as to other vacancies; but membership of this Board shall not affect membership in the Board of Police or the office of Health officer. Commissioners. § 9. Any member of the said Board may, at any time, be removed from office by the Governor, under the provisions of the laws Removal of relative to the removal of sheriffs from office, which provisions are hereby extended so as to relate to the members of said Board; but before such removal, such member shall be served with specific charges, stating the dereliction of duty complained of, and shall be afforded an adequate opportunity to publicly answer the same and to make his defence thereto, upon reasonable notice to be given him; and on the application of the Governor, or the party charg ed, any ju lge of the Supreme Court shall have as full power and authority to compel the attendance and examination of witnesses, touching such charges or defence, and the production of books and papers relating thereto, at the place and time where the aforesaid proceedings or hearing may take place, as is given herein in respect to the examination of witnesses, or the production of papers, on the application of said Board, in the fourteenth section of this act. And it shall be the duty of such judge (and of any other judge named in said section) to exercise such authority, and to take or supervise the taking of such examination to be used on the hearing of such charges or defence. And if, by removals or other cause, the members of the Board shall be less powers of Board than five (but not less than three,) the existing members shall when less than still constitute a Board, competent, by unanimous action to exer cise the powers delegated by this act. five. intendent. § 10. Said Board shall have power to create a chief executive office, and appoint a suitable person to fill such office, who shall Sanitary Superbe an experienced and skillful physician, resident in said district, whose full name of office shall be, "The Sanitary Superintendent of the Metropolitan Sanitary district of the State of New York," but he may be designated as "Sanitary Superintendent." It shall be the duty of said officer, as he may be directed, to execute, or cause to be executed, the orders of said Board, and generally, according to its instruction, to exercise a practical supervision in respect to the inspectors, agents and other persons (other than the Secretary, Treasurer and members of the Board, or the members of the police force,) who may exercise any authority under this act; and said officer shall devote his services to the aforesaid purposes as the Board may from time to time direct. He shall be entitled to receive a salary to be fixed by Salary of Super- the Board, which shall not exceed five thousand dollars annually.* Such Superintendent shall make reports weekly, or oftener, if directed by the Board, in writing, stating generally his own action and that of his subordinates, and the condition of the public health in said district, and any causes endangering life or health that have come to his knowledge during said period. And said Board may appoint two " Assistant Sanitary Superintendents,” one of whom shall be a resident of the city of Brooklyn, and shall principally perform his duties in that city, whose duties shall be of the same nature as those of the last named officer; and their Salary of Assis- salaries, not to exceed thirty-five hundred dollars a year each, shall be fixed by the Board.t intendent. Assistant Superintendents. tants. tors. § 11. Said Board may appoint and commission such number Sanitary Inspec- of "sanitary inspectors" as the Board may deem needful, not exceeding fifteen, and, from time to time prescribe the duties and salaries of each of said inspectors and the place of their performance (and of all other persons exercising any authority under said Board, except as herein specially provided ;) but at least ten of such inspectors shall be physicians of skill and of practical professional experience in said district, and the residue thereof shall be selected with reference to their practical knowledge of scientific or sanitary matters, which may especially qualify them for such inspectors. Each of such inspectors shall, twice in each weck, make a written report to said Board, stating what duties he has performed and where he has performed them, and also such facts as have come to his knowledge, connected with the purposes of this act as are by him deemed worthy the attention of said Board, or as its regulations may require of him; and such, and the other reports herein elsewhere mentioned, shall be Duties of Inspectors. Reports preserved. * Amended, Laws of 1867, Chapter 956, Section 15. |