etc., without

rections relative to the handling, lightening, carting, load- TITLE XIII. ing, unloading, and transportation of the several articles named under this section, as in their discretion shall be deemed necessary for the public protection; and said commissioners may issue special permits authorizing the keeping of any of the articles enumerated under this section in buildings, tanks or structures fire-proof throughout, in such quantities, in such manner, and subject to such regulations as shall tend to secure the same against danger. No per- No person to son shall sell at retail any kerosene or other product of pe- sell kerosene, troleum, dualin, gasoline, to be used for illuminating pur- license. poses, without first obtaining a license therefor from the said commissioners, under such rules and regulations as they may prescribe, which license shall be for the term of one year, and shall not be transferable; and for every such license, and for every renewal of the same, the said commissioners shall demand and receive the sum of five dollars; said license shall be posted in a conspicuous place in the store of the person or persons to whom the same is issued, and may be revoked for cause by said commissioners. Any person who shall sell any of the compounds above mentioned in this section, without first obtaining a license therefor, shall forfeit and pay the sum of twenty-five dollars. In case any person is burned by the explosion of any compound, the sale of which is prohibited by any section of this act, or has not been inspected or licensed as therein provided, and death ensues therefrom, the person found guilty of selling the same shall be deemed guilty of a felony, and upon conviction shall be punished by a fine of not less than one thousand dollars, or by imprisonment in the state prison for a term not less than one year, nor more than five years. And any dealer who shall present and deliver for inspection a sample oil different from and which does not represent the quality of oil actually kept by him or her for sale, and not taken from the actual stock being offered for sale, and of the same quality therewith, shall forfeit and pay the additional sum of fifty dollars.

lation of provis

§ 59. Any person, persons or corporation, for the viola- Penalty for viotion of or non-compliance with any of the several provisions ions. of the several sections of this act, when the penalty is not therein specially provided, shall severally forfeit and pay a fine or penalty in the sum of fifty dollars for each and every offense, or shall forfeit and pay the penalties respectively imposed under any of said sections, and shall also be severally liable for the removal, amendment or abatement of any violation of or non-compliance with any requirement under said sections, and shall also be severally liable for the payment of the further penalty of the sum of fifty dollars for

TITLE XIII. any violation of or non-compliance with any regulation, order or special direction issued by said commissioners as authorized under this act.

License fees

and penalties to be paid into

rance Fund.

$60. The commissioners of the department of fire and buildings of the city of Brooklyn are hereby authorized Firemen's Insu- and empowered add specially charged with the duties of enforcing the several provisions of this act in so far as it relates to their department, and are hereby authorized and empowered to receive and collect all license fees herein provided for in their department, and pay the same into the treasury of said city for the use and benefit of the Firemen's Insurance Fund. The attorney and counsel of the city shall, in the name of and for the use and benefit of the Firemen's Insurance Fund, sue for and recover and collect all penalties and costs imposed under the provisions of this act in the manner provided for in actions under the code of procedure.

§ 61. Said commissioners are hereby authorized and empowered to investigate, examine, and inquire into the origin, details and management of fires in said city, and also of any supposed cases of violations of any of the several provisions of law under this act, or any of the several regulations, orders or special directions issued by said commissioners for the purpose of the discovery of any delinquency in the non-performance of duty, or violation of discipline on the part of any officer, agent, or employee of said commissioners, or any supposed cases of arson or incendiarism, which may be brought to their notice; and said commissioners, in and about any examination, investigation or inquiry, authorized hereby, touching any matter or thing therewith connected, may subpoena and compel the attendance of any person or persons, and the production of any books, papers, archives or documents in his or their possession, or under his or their control, in the judg ment of said commissioners, connected with and necessary to such examination, investigation, or inquiry before them, at the time and place therein named; and for the purpose aforesaid, the attorney and counsel to the city of Brooklyn, may at any time obtain to be issued subpoenas out of the supreme court, issued under the name of a justice of said court, in like form and with like effect as though issued by said justice in any action pending in a court of record; and said subpoena may be served, and proof of such service may be made in the same manner as now by law provided for the service of subpoenas out of the said court; and upon proof of service and proof of non-compliance, failure to attend and testify on the part of any person or persons, as required by said subpoena, or a failure or refusal on the

part of said person or persons, to produce any such books, TITLE XIII. papers, archives, or documents, in his or their possession, or under his or their control, or a failure or refusal on his or their part to answer any question put to him or them, and pertinent thereto, upon any examination, inquiry, or investigation as aforesaid, application may be made before any justice of said court, who shall, in case he shall decide such question pertinent and proper to be answered, thereupon cause to be arrested, and may punish as for a contempt of the orders of said court, the person or persons named in said subpoena, and in such case the laws, rules, and proceedings relating to punishments for contempts, and usual in said court, or before any justice thereof, shall be applicable thereto. Said commissioners in conducting any examination or inquiry as aforesaid, may cause to be administered, by a commissioner of deeds or notary public, any oath, or affirmation, in the manner and form usually administered in said supreme court, and any false swearing, under said oath or affirmation thus administered, shall be perjury, and punishable as such, in such manner as now provided under the law applicable thereto; and said examination or investigation may be continued and adjourned by the said commissioners conducting the same, from time to time, and at such time and place as shall be designated, and any person subpoenaed as aforesaid, shall attend and testify upon said adjourned day or days, and at the time and place designated, and of which they shall have been notified, as though the same had been named in said subpœna, and with like effect as to any failure to appear and answer under the requirements therein contained; provided that any testimony or evidence taken as aforesaid, shall be for the information and instruction of said commissioners in the discharge of their duties, and in the prevention of future fires, and the protection of property, and shall be carefully kept in the archives and possession of said commissioners, and shall in no manner be used in any criminal proceeding or action, but may be placed before any grand jury in the county of Kings.

public act.

§ 62. This Act is hereby declared a public Act, and all These proviscourts and tribunals, or any judge or justice, shall take ions declared a cognizance thereof, and give force and effect to its several provisions; and all courts of civil jurisdiction, in said city, shall have jurisdiction over all suits herein authorized to be brought, and, upon the rendition of a verdict, report of a referee, or decision of a judge or justice for the recovery of the amount of any penalty or penalties in any action brought therefor, shall give judgment for the amount of all penalties and costs, and for the removal, amendment, or abatement of any matter or thing as shall be proper and necessary to give effect to the several sections of this Act.

TITLE XIII. Repealing clause.

Department, of whom to

consist.

§ 63. All acts, or parts of acts, inconsistent with the provisions of this act, are hereby repealed.

TITLE XIV.

OF THE DEPARTMENT OF CITY WORKS.

SEC. 1. Department of whom to consist-Commissioners to have control ofWater works-Sewers-Streets, etc.-Public roads-Buildings-Vacant lots-Cisterns-Cleaning streets-Wells and pumps-Surveys, maps, etc.-Salaries of.

2. Powers and duties.

3. Bureaus-Having charge of water works, sewers, etc.-Water pipes, water metres, etc.-Collection of the revenue from the sale of waterSewerage Street cleaning, fuel, furniture, etc.

4. To furnish registrar of arrears with statement of moneys for redemption of property sold for unpaid water rates.

5. Accounts to be transmitted yearly of all items for water rates unpaid. 6. Water rates to be a lien.

SECTION 1. There shall be a department of city works, consisting of a president and two commissioners. The present president and commissioners shall be the president. and commissioners of the department of city works, and shall serve out the term of office for which they were respectively appointed. On the expiration of the term of office of the president and the commissioners of the said board, and every two years thereafter, the president and commissioners shall respectively be appointed by the mayor, with the consent of the board of aldermen, and all appointments to fill vacancies shall be made in like manner. Commissioners, Said commissioners shall have charge and control, subject to the direction of the common council:

to have control of.

Water works.

Sewers.

Streets, etc.

Public roads.

Buildings.

Vacant lots.

Cisterns, etc.

1. Of all structures and property connected with the public water works, the supply and distribution of water, and the collection of the water revenue.

2. Of construction and maintenance of public sewers and drainage.

3. Of opening, altering, regulating, grading, regrading, curbing, guttering and lighting streets, avenues, places and roads, flagging side-walks and laying cross-walks.

4. Of constructing and repairing public roads, extending beyond the limits of paved streets.

5. Of the care of public buildings and offices.

6. Of the filling of sunken lots and fencing of vacant lots.

7. Of digging down lots, licensing of street vaults, cisterns and cesspools.

8. Of paving and repaving and repairing and cleaning TITLE XIV. streets, avenues and places, and keeping the same clear of Cleaning encroachments, obstructions and incumbrances.

streets.

9. Of digging, constructing and repairing wells and Wells and pumps.

pumps.

etc.

10. Of making and preserving all surveys, maps, plans, Surveys, maps, estimates and drawings relating to the laying out and improvements of streets, avenues, roads and sewers; the construction, altering and repairing of public structures, buildings and offices, and all other public works under the care of the said department. All moneys remaining in the possession or under the control of the present board of commissioners of city works shall be by them paid to the city treasurer, and his receipt therefor taken and filed in the department of finance, together with a full statement of the same, together with bonds and certificates of indebtedness which may then be in the possession of said board. The president shall receive an annual salary of seven thousand dollars, and each of the said commissioners shall receive an annual salary of six thousand dollars. Said board may appoint a secretary and fix his compensation.

Salaries.

duties.

§ 2. The department hereby created shall possess the Powers and like powers and perform the same duties as the said department of city works, to be superseded as herein provided, possessed and was authorized to perform under existing laws for and within the said city of Brooklyn, except as modified by this act, and except that the exercise of such powers shall be under the direction and control of the com. mon council, and provided that after a contract for an improvement has been entered into by the said board, the execution of the work shall be under the sole control of the said board; and nothing herein contained shall be construed as conferring on the common council any of the executive powers vested by law in the said board concerning the details of carrying on any of the said improvements.

3. There shall be the following bureaus in the depart- Bureaus. ment of city works, the chief officers, subordinates and employees of which shall be appointed and removed at pleasure by the board of commissioners of city works:

of water works,

1. A bureau having the care of all the ponds, conduits, Having charge reservoirs, engines, pumps and lands connected with water- sewers, etc. works; the construction of any new work relating thereto; the construction of sewers; the grading, curbing, guttering, paving, repaving and repairing of all streets, avenues and places; constructing and repairing roads, flagging and