The following is the Act
to Consolidate the two cities,
drawn by our Senator, C.P.
Smith.
An Act to provide for the
consolidation of the cities of
New York and Brooklyn and the
towns of the County of Kings
into one municipal government
under the name of the City of
New York.
The people of the State of new
York represented in Senate and
Assembly do enact as follows:
Sec. 1. The Mayor, Aldermen and
Commonality of the city of New
York shall appoint seven
Commissioners, the Common
Council of the city of Brooklyn
three Commissioners, and the
Supervisors of the Towns of
Flatbush, Flatlands, New
Utrecht, Gravesend and New Lots,
in the county of Kings, One
Commissioner, which appointments
shall be made on or before the
first Monday of July, 1857, and
the commission so appointed
shall constitute a Board of
Commissioners.
Sec. 2. In case of death
resignation or removal, or
inability to act of either of
the commissioners so appointed,
such vacancy shall be filled by
the same authority and in like
manner as other appointments are
directed to be made in and by
the first section of this act.
Sec. 3. Such Commissioners shall
assemble at the Chamber of the
Aldermen of the city of New York
or such other room as the Mayor
of New York shall direct, on the
second Monday of July 1857, at
ten o'clock in the forenoon, and
those present shall organize by
the appointment of one of their
number as presiding officer, and
shall have power to employ a
suitable person as Clerk and
Sergeant at Arms at a
compensation to be fixed by the
commissioners.
Sec. 4. The Board of
Commissioners so organized shall
have power to adjourn from day
today, until they have adopted
some plan of consolidation, as
hereinafter provided.
Sec. 5. They shall have power to
send for and compel the
attendance and production of
such persons and papers, books
and accounts as they may deem
necessary to furnish them with
information upon the internal
financial affairs of said cities
and towns.
Sec. 6. Such Board shall proceed
with all due diligence to devise
a general plan upon which the
said cities and towns shall be
united and consolidated into one
municipal Government or
Corporation, to be called the
city of New York. Such plan
shall set forth as conclusively
as may be the relative rate of
taxation hereafter to be
assessed upon the respective
portions of the Territory
embraced in the consolidated
city, the general division of
the same into wards and
districts, and the proposed
method of governing the same and
electing and appointing the
officers thereof, and the terms
and conditions on which said
consolidations shall be made.
Sec. 7. The said Board of
Commissioners in preparing the
plan of Consolidation shall
retain the present city of
Brooklyn, and Town of the County
of Kings, as a district in which
the conveyances of lands, in
said County and other
instruments to be recorded shall
be recorded in the County of
Kings, for the probate of Wills,
and the collection of taxes and
assessments.
The said town in the County of
Kings shall be rural districts,
not liable to taxation except
for district and the present
County purposes, and shall be
entitled to representations in
the City Government.
Sec. 8. When the Board shall
have adopted such plan by a vote
of two thirds of all the members
appointed, they shall cause the
same to be engrossed and signed
by the President, and attested
by the Clerk, and shall cause
the same together with this Act,
and the names of all the
Commissioners, to be published
at least twenty days in each of
the daily newspapers published
within the said cities at least
once, and in pamphlet form for
gratuitous distribution.
Sec. 9. Such plan shall be
printed and published as
aforesaid, at least one month
before the next general election
to be held in November next,
when the same shall be submitted
to the legal voters of said
cities and towns.
Sec. 10. At such general
election the proper authorities
in each of said cities of New
York and Brooklyn, and the said
towns, shall provide additional
ballot boxes, upon which shall
be the word "Consolidation" they
shall also cause to be prepared
and printed a sufficient number
of tickets for and against
consolidation, to be used at
said election, which shall be so
endorsed as to read upon the
outside when folded,
"Consolidation," and one of said
sets of tickets shall contain
inside, the words, "for
consolidation," and the other
set "against consolidation," and
shall cause the same to be
distributed throughout the
different election districts
contained within the proposed
consolidated city, in sufficient
number for the use of the
electors thereof.
Sec. 11. The Inspectors of
Elections in the several
districts embraced in said
cities of New York and Brooklyn
and in towns in said County of
Kings shall place the ballots,
endorsed "Consolidation" in the
respective boxes provided
therefore, and keep a poll list
of the votes deposited therein,
and all the laws of this State
respecting elections, frauds,
false swearing, shall apply as
far as practicable to the
ballots deposited and by them
canvassed and file the same as
returns of elections are now
directed to be filed in said
cities and towns.
Sec. 12. On the Tuesday
following the said election, the
said Board of Commissioners
shall meet at the place provided
in the fourth section of this
act, at twelve o'clock noon, and
shall send for the returns of
the said election in relation to
the question of Consolidation,
and it shall be the duty of the
officers having charge thereof
to give the same to the said
Board or its messenger duly
authorized to receive them. If
upon counting and adding up the
returns of the Inspectors of
elections in the several
election districts embraced
within the said cities and said
towns in this Act mentioned, it
shall appear that a majority of
all the votes cast at such
election, in each of said cities
and said towns, were for
"Consolidation," the said Board
of Commissioners shall thereupon
immediately proceed to prepare
an Act in Accordance with the
plan so published as
hereinbefore described for the
Consolidation of the said cities
of New York and Brooklyn and the
said towns in the said County or
Kings, to be submitted to the
Legislature of this State, at
its next Session, uniting the
said cities and the said towns
in one municipal government to
be called the city of New York,
which act shall provide for an
election to be held for the
proper officers of the said city
as consolidated, and the time
when the officers shall commence
and that of the present officers
of said cities and towns shall
terminate.
Sec. 13. If the majority of the
votes cast in said towns in said
County of Kings shall be found
against Consolidation, then the
said towns shall not be embraced
in the said consolidated city;
and in case a majority of the
votes east in the said cities
shall be found for
consolidation, the said cities
shall be consolidated without
said towns.
Sec. 14. The Commissioners to be
appointed by this Act shall
severally receive as
compensation for their services
three dollars for every day
necessarily spent in the
discharge of their duties as
such Commissioners.
Sec. 15. The said Board shall
prepare a statement in writing
of the expenses of said Board,
which shall contain the amount
of compensation of the members,
the pay of the Clerk and
Sergeant at arms, the expenses
of printing and all other
necessary disbursements, and
shall apportion the amount of
such account between the
respective cities and towns,
according to their several
populations as exhibited by the
last census; such statement and
apportionment shall signed by
the President and attested b y
the Clerk, and shall be filed,
one copy with the clerk of the
city and county of New York, and
one copy with the clerk of the
county of Kings, and one copy
thereof shall be filed in the
office of the clerk of the Board
of Aldermen in the city of New
York, and one copy thereof with
the clerk of the Common Council
of Brooklyn.
Sec. 16. It shall be the duty of
the Supervisors of new York and
the county of Kings to levy the
amount so certified and
apportioned in accordance
therewith, and it shall be the
duty of the Comptroller of the
city of New York and the County
Treasurer of the county of Kings
to p ay the amount to the
several persons entitled
thereto; and such sum shall be
levied and collected in the
manner now provided by law for
levying and collecting city and
county taxes.
Sec. 17. This act shall take
effect immediately.