hereafter have sole and exclusive power and authority urers of and or and regu §4. Each board of trustees, as constituted and created Treas in section two, shall have a treasurer, who shall be ap. widows' pointed by said boards respectively, and shall hold office phans during the pleasure of such boards, and shall be, by vir- funds, tue of his office, a member thereof, but shall not be entitled to a vote, and the present treasurers shall continue in office until their successors are appointed. The By-laws said boards respectively shall have power to make and lations prescribe such laws, rules and regulations as to them overnig from time to time shall appear needful and proper, touching the management and disposition of their fund, provided that such by-laws, rules and regulations be not inconsistent with the laws of the United States or of this State. They shall have power to declare vacant Board may the seat of any of their members who may remove from vacancies. the said city of Brooklyn, or neglect to attend the meetings of said boards. iund. declare how filled. 5. When either of the said boards of trustees shall Vacancies, in any way be reduced to below the number of members now authorized by law, the remaining members thereof shall fill the vacancies from among the persons who were exempt firemen, in each district respectively, at the time of the passage of this act. trustees, to charges members. 6. The said boards of trustees, respectively, shall Boards of have power to hear and determine charges against its hear and members for official misconduct, and remove any mem- determine ber or members guilty thereof, but every such charge against shall be in writing, distinctly specified, and a copy thereof shall be furnished to the person or persons charged ten days before any hearing or examination thereof; such persons shall be entitled to be heard in Proceedtheir defense, in person or by counsel or both. When- ings ever it shall be deemed necessary by the said boards, respectively, or any member thereof against whom charges are pending, such boards, person or persons may apply to a justice of the Supreme Court, or the city judge of Brooklyn, or the county judge of Kings thereon. Attendance of witnesses. Securities, moneys, county, for a summons requiring the attendance of witnesses upon such examination, who shall thereupon issue a summons requiring the attendance of such persons or witnesses as may be designated before the said board, at the time specified for such examination, which said summons shall be served personally upon such witnesses or persons before the return thereof. The president of said boards, respectively, shall have power to administer oaths to witnesses upon such hearing. If the persons or witness so served as aforesaid shall fail to attend such hearing on examination, upon proof thereof to the judge. issuing said summons, he shall issue an attachment against such parties to the sheriff of the county of Kings, requiring him to attach and bring such person or persons forthwith before such judge, whereupon such person or persons may be committed to jail until they testify, and in addition thereto may be fined, as for contempt, a sum sufficient to defray the expense occasioned by his or their default, which fine shall be paid to the widows' and orphans' fund of the district by which the proceedings were commenced. All false swearing upon such hearing or examination as aforesaid is hereby declared perjury and punishable accordingly. § 7. All securities, moneys, effects, goods, chattels, credits, choses in action, and property of every kind, name, nature and description representing the said fund, how funds, or belonging or appertaining thereto, and now in goods, chattels, etc., of 10 vest. Control thereof. the possession or under the control or supervision of the respective boards of trustees of the present fire departments, are hereby transferred to and vested in the boards of trustees hereby created, that is to say, the property of the several divisions to the board of such division, and the said boards are hereby respectively vested, as against each other, and against all other officers, departments and persons whatsoever, with the exclusive control, administration, property and disposition of the several funds in trust for the uses and purposes for which said funds were created, provided, however, that no part of such funds or their accumulations shall be expended, loaned or otherwise disposed of without the concurrence of two-thirds of the members of said boards respectively. to pending actions. how prose defended. 8. The passage of this act shall not affect actions Provios as pending and affecting the said funds, but the same shall be continued as if this act had not been passed. Here- Actions, after all actions brought in reference to or affecting the cuted or said funds or relating to the same, or for penalties under the act entitled an act to amend an act to establish fire limits and for the more effectual prevention of fires in the city of Brooklyn, passed May sixth, eighteen hundred and sixty-eight, shall be prosecuted or defended, as may be necessary, in the name of the said boards respectively, and not otherwise. And all mortgages, Mortbonds or other securities relating to said funds shall be bonds, etc., taken in the name of said boards respectively. Said how taken boards shall have power to discharge and satisfy all charged. mortgages, liens and other securities held by them, and the signature of such officer or officers, as may be, by the said boards respectively, appointed to discharge the same, shall be authenticated by the seal of the fire department of the city of Brooklyn, and the custodian thereof is hereby required to attach the same whenever required by the said officer or officers. gages, and dis statement 9. The said boards shall respectively provide for, Annnal and it shall be their duty to furnish to the common of funds, to council of the city of Brooklyn, on the first day of May Common in each and every year, a statement of the condition of the funds under their control, which said statement shall be entered in the records of said common council. Accommo dations for trustees. 10. The said fire commissioners shall furnish to th said boards of trustees of the widows and orphans' boards of funds respectively suitable accommodations in said city, for the purpose of meeting and transacting the business of said board as herein provided. missioners, horses, ratus, etc. § 11. The board of commissioners shall have full Fire.compower to provide supplies, horses, tools, implements to provide and apparatus of any and all kinds (to be used in the supplies, extinguishing of fires), and fire telegraphs, to provide fire appa suitable locations for the same, and to buy, sell, con- Fire telestruct, repair and have the care of the same, and take focation any and all such action in the premises as may be necessary and proper. graphs and thereof. ment and 12. The department hereby created is hereby em- Managepowered and directed to possess and exercise full and mainten ance of engine apparatus, etc. exclusive power and discretion for the government, manhouses, fire agement, maintenance and direction of the several buildings and premises, and property and appurtenances thereto, and all apparatus, hose, implements and tools of any and all kinds which, at the time of the appointment of the commissioners aforesaid, were under the charge and control of any and all city officers or officers of the fire department in said city, for the use and benefit of the fire department of the city of Brooklyn hereby created. And it shall be the duty of all persons and officers in possession of any property, real or personal, belonging to or set apart for, or in use by or for the fire departments of said city, to deliver the same to the possession and control of the fire commissioners of the department hereby created, except such property as is hereinbefore committed to the charge, custody and control of the trustees aforesaid, to which this section shall not be deemed to have any application. Delivery thereof to fire commissioners. Treasurer of department. § 13. The said commissioners shall elect one of their number treasurer of the said department. He shall be His duties. the fiscal officer of the department so far as relates to moneys appropriated by law for the use and expenses of the department hereby created. He shall, on check or voucher, duly disburse by order of the said commissioners, for the purposes of this act, all moneys, and shall deposit all funds received by him in a bank or Official banks to be designated by said commissioners. He shall execute a bond with two sureties satisfactory to the comptroller of the city of Brooklyn, conditioned in a penalty of fifty thousand dollars, to the People of the State of New York, for the faithful discharge of his Compensa- duties, and shall receive one thousand dollars per annum for such services as treasurer, in addition to annual compensation as commissioner. bond. tion. Board of estimate. Business quorum. To make annual 14. The said commissioners and the comptroller, and the mayor of the city of Brooklyn, shall form a board of estimate, four of whom shall constitute a quorum for business, and shall annually, on or before the second Monday of May, make up a financial estimate of the sums required for the year commencing on the first expendi day of January thereafter for the payment of salaries, estimate of compensation and rents, and for the purchase of sup- tures. plies, horses, apparatus of all kinds, tools, hose, implements, and keeping all the same in repair; and generally for the purposes of this act, and such general and contingent expenses as may from time to time, in the judgment of said board of estimate, become necessary or proper with the enumeration thereof, provided, how- Aggregate ever, the amount of such estimate shall not exceed the authorized sum of two hundred and fifty thousand dollars for all. such expenses for any one year, and no greater sum shall be raised or expended for such expenses in any The amount so estimated shall be levied in How levied the next tax levy laid for the general expenses of said lected. city, and collected therewith. one year. amount to be rais and col of ex penses for 1869. treasury 15. The board of estimate created by the fourteenth Estimate section shall, immediately after the organization of the said fire department hereby created, meet and make an estimate of the probable expenses of the department in all branches of expenditure which will be required for the year one thousand eight hundred and sixty-nine, in Balance in addition to the unexpended balance in the treasury of approthe said city for the purposes of the fire department and priated. the payment of salaries of its officers for that year, which balance is hereby appropriated for the purposes of this act. They shall specify as far as may be the several objects and purposes of expenditure, the amount so estimated shall be levied and collected in 'the next tax levy laid for the general expenses of said city, and collected therewith; but such amount shall not, together Aggregate with such unexpended balance, exceed the sum of one hundred and seventy-five thousand dollars. Objects to fied in next be speci tax levy. amount. Comp borrow troller may amount es 1869. § 16. The comptroller of the city of Brooklyn shall have power, and it shall be his duty, to borrow on the credit of said city the amounts of said estimate for the timated for year one thousand eight hundred and sixty-nine, in anticipation of the receipt of said sums from the levy, and pay the same to the city treasurer of said city, to How be drawn and used by the said fire commissioners on their requisitions from time to time in such sums as they shall deem necessary, not exceeding the sum of fifty drawn. |