Charter amended.

Police force.

village, to alter the position or course of any sewer, or water or gas pipes, it shall be done at the expense of the railroad corporation under the direction of the department or corporation having charge thereof, so as not to interfere with such work. In all cases the uses of streets, docks and lands beneath which such railroad is constructed, and on the route thereof and the right of way beneath the same, for the purpose of such railroad shall be considered, and is hereby declared, a public use, consistent with and one of the uses for which streets and docks are publicly held. No public park or square in any city or village of this state shall be used or occupied by any corporation for any of the purposes of this section, and every road constructed hereunder in or through any such street or public place shall be wholly underground and constructed in a tunnel and not otherwise, but nothing in this section shall operate to revive any charter or franchise heretofore granted by or in the city of Brooklyn. This act does not authorize the construction of any bridge over or across the East or North rivers.

§ 2. This act shall take effect immediately.

Chap. 317.

AN ACT to amend section four of title eleven of chapter five hundred and eighty-three of the laws of eighteen hundred and eighty-eight, entitled "An act to revise and combine in a single act all existing special and local laws affecting public interests in the city of Brooklyn," relating to the department of police and excise.

APPROVED by the Governor April 5, 1893. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section four of title eleven of chapter five hundred and eighty-three of the laws of eighteen hundred and eighty-eight, entitled "An act to revise and combine in a single act all existing special and local laws affecting public interests in the city of Brooklyn," is hereby amended so as to read as follows:

§ 4. The police force shall consist of a superintendent, one clerk or secretary to said superintendent, three inspectors, captains, sergeants, detective sergeants, roundsmen, patrolmen, bridgekeepers, doormen, the telegraph superintendent, telegraph Sergeants. operators and linemen. The number of sergeants shall not exceed

men.

keepers.

number number of patrolmen Patrolmen. authorized by law unless

for pay

ment of

four for each precinct, three for each sub-precinct, and one for each special squad The number of detective sergeants shall Detectives. not exceed two for each precinct or sub-precinct, and sixteen for headquarters. The number of roundsmen shall not exceed two Roundsfor each precinct or sub-precinct; the number of bridgekeepers shall not exceed three for each bridge; and the bridgekeepers shall Bridgereceive the same salary as patrolmen, shall be governed by the same rules as to promotion as now relate to patrolmen and shall possess the same rights and privileges as other members of the force; the number of doormen shall not exceed two for each Doormen. precinct or sub-precinct, and two for headquarters, and one for each special squad; the shall not exceed the number the common council of the city of Brooklyn shall by resolution, upon application of the commissioner of police and excise, authorize a greater number, in which case they shall not exceed the number fixed in such resolution, and such resolution may be passed from time to time as that body may deem expedient. And Certificates in case of an addition to the number or compensation of the police additional force or department, the comptroller of the city of Brooklyn shall issue certificates, bearing interest for any sum not already raised for payment of the force or department accordingly, and a sum sufficient for the payment of the certificates so issued shall be inserted in the succeeding tax levy of the city of Brooklyn, and upon the collection thereof said certificates shall be paid. The Appointcommissioner of police and excise shall appoint all members of made." the police force, clerks and employes, and shall fill all vacancies in the police force or police department as often as they occur. The telegraph superintendent, telegraph operators and telegraph Telegraph linemen, except that they shall not be liable to patrol duty, shall rules for. be subject to all the rules of the department and possess the same rights and privileges as other members of the force. Whenever, Vacancies. by the death, resignation or dismissal of any person attached to the said telegraph bureau, any position shall become vacant in said bureau, the commissioner of police and excise shall fill the same by appointing thereto one of the members of the uniformed police.

compensa

tion.

ments, how

bureau,

§ 2. All acts and parts of acts inconsistent with this act are Repeal. hereby repealed.

$ 3. This act shall take effect immediately.

Chap. 318.

AN ACT to amend the public officers law.

APPROVED by the Governor April 6, 1893. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Sections ten, twenty-eight and seven of the public officers law are respectively amended to read as follows:

§ 10. Official oaths.-Every officer shall take and file the oath of office required by law before he shall be entitled to enter upon the discharge of any of his official duties. An oath of office may be administered by any officer authorized to take, within the state, the acknowledgment of the execution of a deed of real property, or by an officer in whose office the oath is required to be filed, or may be administered to any member of a body of officers, by a presiding officer or clerk, thereof, who shall have taken an oath of office. The oath of office of a notary public or commissioner of deeds shall be filed in the office of the clerk of the county in which he shall reside. The oath of office of every state officer shall be filed in the office of the secretary of state; of every office of a municipal corporation, with the clerk thereof; and of every other officer, in the office of the clerk of the county in which he shall reside, if no place be otherwise provided by law for the filing thereof.

28. Filling vacancies in office of officer appointed by governor and senate.-A vacancy which shall occur during the session of the senate, in the office of an officer appointed by the governor by and with the advice and consent of the senate, shall be filled in the same manner as an original appointment. Such a vacancy occurring or existing while the senate is not in session, shall be filled by the governor for a term which shall expire at the end of twenty days from the commencement of the next meeting of the senate.

§ 7. Appointment by the governor and senate.- An appointment to an office by the governor by and with the advice and consent of the senate, shall be made by communicating to the senate, while in session, a written nomination of a person for the office, designating the residence of the nominee, and if nominated to be an officer of a political subdivision of the state, designating also such subdi

vision, and if nominating two or more persons to the same office for different terms, designating the term for which each is nominated. If such nomination be of a successor to a predecessor in the same office, it may be made and acted upon by the senate after the expiration of the term or occurrence of a vacancy in the office of such predecessor, or at any time during the legislative session of the calendar year in which the term of office of such predecessor shail expire or in which the office shall become vacant. If the appointment be made before the expiration of the term of such predecessor, the term of office of the appointee shall commence upon the expiration of the term of such predecessor, or if made to fill a vacancy, upon the occurrence of such vacancy, or immediately if a vacancy already exist. If the senate shall reject such nomination, the clerk of the senate shall forthwith communicate, by writing, signed by the president and clerk of the senate, to the governor, the fact of such rejection. If the senate shall confirm such nomination the appointment shall be deemed complete, and thereupon duplicate certificates of the confirmation shall be made and signed by the president and clerk of the senate, who shall cause one to be delivered to the governor and the other to the secretary of state, who shall record the same in his office in a

book kept for that purpose.

§ 2. This act shall take effect immediately.

Chap. 319.

AN ACT to provide for the construction of Sedgwick avenue and Ogden avenue approach to the new bridge over the Harlem river authorized by chapter two hundred and seven of the laws of eighteen hundred and ninety.

APPROVED by the Governor April 6, 1893. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

tion of

Section 1. The commissioners of public parks of the city of ConstrucNew York, in addition to the construction of the bridge and approach to bridge approaches over the Harlem river known as Central or Macomb's authorized dam bridge, are hereby authorized to construct an approach or viaduct to said bridge to connect with Sedgwick and Ogden avenues, and to make the necessary changes in the grade lines

Approach, part of

bridge.

Manner of construction.

Issue of bonds for expense.

Acquisition

of title to

land.

Expense thereof.

of streets and avenues of the approaches which, in the judgment of said commissioners, may be necessary.

§ 2. Said approach or viaduct when constructed shall form a part of and be maintained in the same manner as the main bridge and the approaches thereto.

§ 3. The commissioners of public parks shall, upon the approval of the plans and specifications of the work herein authorized by the board of estimate and apportionment, proceed as authorized by the second section of chapter two hundred and seven of the laws of eighteen hundred and ninety, and said work and the materials and labor required therefor shall be done and furnished by contract made at public letting to the lowest bidder, pursuant to the general provisions of law and ordinance regulating the letting of contracts in said city.

§ 4. To provide for the expense of construction the comptroller of said city shall, from time to time, when directed by the board of estimate and apportionment, prepare and issue bonds of said city for an amount to be approved by the last named board not exceeding the sum of one hundred and twenty thousand dollars, which bonds shall be of the tenor and conform to the provisions of section three of chapter two hundred and seven of the laws of eighteen hundred and ninety.

§ 5. With the approval of the board of estimate and apportionment, the commissioners of public parks for and on behalf of the mayor, aldermen and commonalty of the city of New York are authorized to acquire title in fee to any land required for said approach or viaduct in the manner provided in the last named act, and the expense thereof, including compensation to any owner shall be made in the manner prescribed by chapter thirteen of the laws of eighteen hundred and ninety-two, which is amendatory of section four of chapter two hundred and seven of the laws of eighteen hundred and ninety.