The Brooklyn Daily Eagle from Brooklyn, New York on January 11, 1897 · Page 12
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The Brooklyn Daily Eagle from Brooklyn, New York · Page 12

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Monday, January 11, 1897
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I 12 THE BBOOBXYN DAILY EAGLfe - MONPAY, JAKTTAltY 11, 1897. PROSED CHARTER FOR GREATER NEW YORK. psp'j XTbe ftCl text of the proposed Greater New Tork K iharter Is now being printed from day to day In m W coiamiM of the Eagle. The first chapter was K. printed In the Basle of Sunday. December 23.) CHAPTER X (Continued). Tho Department of Public Buildings, Lighting and Supplies. Underground Electrical Conductors. Sec. 17. Whenever, in the opinion of the board of rmblic improvements, it shall be de - sirable and practicable to place underground tii electrical conductors In any street or locality V; . - of; that part of the city of .New orK wnicn Ilea - within the boroughs or Manhattan ana ' the Bronx the subways therefor shall be con - ; atructed. and such electrical conductors shall gi be placed underground under and in accord - ance with the provisions of cDapter ut 01 m 'laws of 1887". chaoter 231 of the laws of 1891, Chapter 253 of the laws of 1S92 and the laws ; amendatory thereof and supplemental thereto. . Id.: Procedure When Board of Public Improvements Determines Upon. Sec. 18. Whenever, in the opinion of the board of public improvements, it shall be de - ; Blrable and practicable to place underground V the electrical conductors in any street or lo - vcallty of the city of New York lying within the borough3 of Brooklyn, Queens and Rich - . mond, the said board shall notify the owners or operators of the electrical conductors above :. ground In any such street or locality that said electrical conductors shall be placed, under - : ground within a certain time to be fixed by the ; Bald board, which said time shall be sufficient tor the proper construction of underground i conduits or other channels in said street or lo - 1 cality. The time within which said electrical I conductors shall be plBced under ground Bhall bo fixed by the said board, after giving all ' persons or corporations owning or operating euch electrical conductors an opportunity to be beard on the question of the time necessary to place said conductors underground, and ' after hearine the commissioner and other of - ': fleers of the department and such other ex - : ISert opinion as the said board may cuidh. au - .yVIsable. Said owners or operators of elec - - - rr.a r.nn rlimr ivrs nh. - .vp trround in such street ? or locality shall be required to remove all of Bald poles, wires or otner eiectricai touuuui - ors and supporting fixtures or other devices from any such street or locality within thirty flays after the expiration of the time so fixed by said board. 10.: Permit Necessary to Take Up Pavement, etc. Board of Public Improvement to Determine Method of Extension. Mumcpal 'I Assembly May Enact Ordinances Regulating Use, etc. Sec. 19. It shall be unlawful, after the passage of this act. for any person or corporation to take up the pavement of any of the streets, roads, avenues, lanes, parks or public places of said city, or to excavate for the purpose of laying underground any electrical conductors or to construct subways, unless a noi - mit in wHtine therefor shall have been first obtained from the said commissioner of public buildings, lighting ana supplies, indorsed by the commissioner of highways. &tw1 mi hnar.i nf niihllc Improvements shall also determine whether any extension of the existing electrical conductors of any person or corporation in said city snan oe oy ua of overhead or underground conductors, and except with a like permission therefor no electrical conductors, poles, wires or other electrical devices or fixtures shall be constructed, erected, strung or maintained above ground in any part of said city. And the municipal assembly may establish and may from tfcne to time enact ordinances regulating all the construction, maintenance, use and management of the electrical conductors, . poles and fixtures above ground, the conduits and subways therefor constructed underground and for regulating the number and location of overhead lines. The Four Preceding Sections to Be Police the controller shall have certified that the necessary funds are provided therefor or are applicable thereto. A receipt for each payment made on account of or in satisfaction of the contract shall be indorsed on the contract by the party receiving the warrant, which warrant shall be only given to the person interested in such contract, or his authorized representative, and no assignment of any such contract shall be valid unless the said commissioner shall, previous to such assignment, consent thereto in writing, and said asssignment shall have been approved by the controller. No expenditure for any supplies Involving an amount for which no contract is required 3hall be made except the necessity thereof be certified to by the commissioner of public buildings, lighting and supplies and the expenditure has been duly authorized and appropriated. Devolution of "Powers of Former Boards. Sec. 24. All powers heretofore conferred upon the city of New York or any of the officers thereof, or the board of electrical control therein, or upon the City of Brooklyn or any of the officers thereof, or upon any board of electrical subways therein, or upon Ione Island Citv or any of the officers or boards therein, or upon any board of public officers existing or acting within the territory of the county of Richmond or within so much of the territory of the county of Queens as is by this act annexed to the corporation known as the mayor, aldermen ana commonalty ui the citv of New York, so far as such powers and duties in anyway relate to the construc tion, repairs, cleaning ana maintenance oi public buildings, including markets, except school houses, alms houses, penitentiaries end the like, and fire and police station houses, and to furnishing the city, or any part thereof with e - as. electricity or any other illumln - ant. or of steam; of the selecting, locating and removing and changing of lights for Ibe use of the city; of the inspecting and testing of ga3 and electricity used for light, heating and power purposes, gas meters, electric meters, electric wires and of all lights furnished to said city; and of the use and transmission of electricity for all purposes In, upon, across, over and under all streets, roads, avenues, parks, public places and public buildings; of the construction of electric mains, conduits, conductors and subways in any such streets, roads, avenues, parks and public places and the granting of the permission to open streets, and to open same for the purpose of carrying on therein the business of manufacturing, using and selling electricity, or steam, or for the service of pneumatic tubes; of the care of all offices leased for publio uses; of the location, care, management and maintenance of the public baths; of the location, erection, establishment .md maintenance of public urinals; of the purchase of fuel, furniture, utensils, books, stationery and other articles needed for the public offices, so far as such powers aro consistent with and conformable to the provisions of this act, are hereby conferred upon the city of New York as constituted by this act, and as a matter of administration are devolved upon the commissioner of public buildings, lighting and supplies, to be by him executed according to the provisions, directions and limitations of this act. Title 7. St I Regulations. Sec. 20. The provisions of the four preceding sections of this act aro made police regula - - ions in and for the city of New York, and in case the several owners of said poles, wires or ibther electrical conductors, fixtures, and devides shall not cause them to be removed Irom such streets or localities as required by aid commissioner or by the determination of the board of public improvements, or shall neglect or refuse to comply with any of the ordinances as herein provided, it shall be the duty of the said commissioner to cause the same to be removed from said streets, roads, avenues, lanes, parks and public places. Former Boards to Turn Over Maps, etc., to Commissioner. Sec. 21. The board of electrical control in and for the city of New York and the mayor and commissioner of city works of the city of Brooklyn, acting as commissioners of electrical subways of the city of Brooklyn, are hereby required and directed to turn over and deliver to the commissioner of public buildings, lighting and supplies, within thirty days after this act shall take effect, all maps, plans, models, books and papers relating to the construction and location of electrical conductors, conduits or subways filed with or communicated to said commissioner, and all official records and papers of every kind in their possession. Separate Contracts for Lighting Each Bor - ough; Duty of Commissioner. Sec. 22. The commissioner of lighting and Ipotricltv under and In conformity to the ordinance regulating contracts shall prepare the terms and specifications under which contracts shall be made for lighting the streets, roads, avenues, public places, public buildings and parks of said city. Separate contracts shall be made for su - ;h lighting in each of the boroughs of the city of New York, or in such subdivisions of the city as may appear t the board o'. public improvements "and tho municipal assembly to be for the best interests o said city. The number, kind and location of lights to be furnished under each of said contracts shall be determined and prescribed by the commissioner of public buildings, lighting and supplies. Such bi.ia shall be prepared and advertised lor, and such contracts shall be executed in the manner prescribed for herein as to other contracts entered into by said city or the departments thereof. Contracts shall be mado for the term of one year and shall be awarded to the lowest bidder. Contracts made for a given borough or district sha'.: include all lights of a given kind used bv said city in said borough or district then ordered or thereafter to bo ordered by said commissioner during the term of said contract. Contracts, Procedure. Sec. 23. All contracts to be made or let for supplies to be furnished except a:; in this act otherwise provided, shall be founded on sealed bids or proposals made in compliance with public notice duly advertised in the Cily Record and other corporation newspapers published in the borough concerned, which notice shall be published at leas: ten days, and if the commissioner shall nor. deem It for the interests of the city to reject all bids, he shall award the contract to the lowest bidder, the terms of whose contract shall be settled by the cuunsel to the corporation as an jet nf nrni! m ; n;ir v specification Co the bid or proposal who shall give security for the I faithful performance of hi.1: contract in the j manner prescribed and required by ordinance; j and the adequacy and sufficiency of this se - : curity shall, in addition to justification and j acknowledgment be approveu oy uie muui - Department of Bridges. Commissioner, Appointment, Term and Salary, Powers and Duties. Section 1. The head of the department of bridges, of the city of New York, is hereby designated as the commissioner of bridges. The mayor shall appoint the commissioner of bridges. The term of office of such commissioner shall 'be for six yeans, from the first day of February next following his appointment, and until bis successor shall have been appointed and shall have qualified. And all appointments to fill vacancies in said office shall be for the unexpired term. The salary of said commissioner shall be seven thousand five hundred dollars a year. He shall In all respects 'administer his department In conformity with the ordinances of the municipal assembly relating thereto, but shall be vested with the sole executive power therein. He shall be responsible for the actions of his appointees and employes and be subject to the laws of the state and the ordinances of the city for Che conduct of the work of bis department. Branches Where Located. Deputy Commissioner, etc. places and positions during the pleasure of; the commissioner of bridges. The New' York and Brooklyn Bridge, a Public Highway. Sec. 8. The New York and Brooklyn bridge Is hereby declared to be a public highway for' the purpose of rendering travel between the boroughs of Manhattan and Brooklyn certain and safe at all times, subject to such tolls and prudential and police regulations as the municipal assembly shall adopt and prescribe; provided, however, that the passageway of the bridge now set apart for foot passengers shall remain free and open to all pedestrians coming and going at all times. Concurrent Jurisdiction in Boroughs of New York and Brooklyn Over Crimes, etc.. Committed on the Said Bridge. Sec. 9. Concurrent jurisdiction shall be possessed by all courts located in the borough of Manhattan, and by all courts located In the borough of Brooklyn, and by the judicial and administrative offices of the city of New York, over all crimes and offenses, committed upon said bridge and upon any other bridge that may hereafter be erected between the two boroughs. It shall be the duty of the said commissioner of bridges, and he is hereby authorized to execute the ordinances of the municipal assembly, relative to said bridges and to have in immediate charge, the control and disposition of such members of the police force of the city of New York, as may be assigned for duty in his department. Certain Acts Declared to be Misdemeanors, Penalties For. Sec. 10. Any person wUlfully doing any Injury to any of said bridges or any of their appurtenances, shall forfeit and pay to the York three times the amount of such injury, and shall be deemed guilty of a misdemeanor, and be subject to a penalty not exceeding five hundred dollars, and to Imprisonment not exceeding six months, in the discretion of the court - Devolution of Power of Former Boards, etc. Sec. 11. Upon the appointment of the commissioner of bridges, the trustee of the New York and Brooklyn bridge shall be and they hereby are declared abolished and all the powers and duties vested in - and devolved upon the trustees of the New York and Brooklyn bridge by any law or statute shall, so far as they are consistent with and conform - oiii trv the provisions of this act. be devolved upon the commissioner of bridges of the city of New York and upon tne municipal asam - bly. and they shall in all respect3 exercise such duties and perform such powers, subject, however, to the provisions, directions and limitations of this act. CHAPTER XI. Department of Parks. Administrative jurisdiction; hoard; president. Section 1. The head of the department of paries shall consist of a board of three commissioners who shall be designated commis sioners of parks of the city of New xorK. They shall he appointed by the mayor as provided in chapter IV of this act. In ap pointing such commissioners the mayor shall spec fv the borough or Dorougas in wuicu they are respectively to have administrative jurisdiction, to wit: One in the boroughs or Manhattan and Klenmona, one in tne uuruus" of the Bronx, and one in the boroughs of Brooklyn and Queens. The commissioner nnnninted for the boroughs of Manhat tan and Richmond shall be the president nf rh hoard, and the office of such commis sioner and of the department of parks snau be in the borough of Manhattan. Title to Parks, Squares ana Public Places. Sec. 2. The title to each and all of the parks, squares and public places comprised within and belonging to the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York, or the nnrnnratlon heretofore known as the City of Brooklyn, or the county of Kings, or the countv of Richmond, or which are owned by the county of Queens and are comprised with in that port on of said county whlcn is in cluded in the city of New York, as constituted bv this act. or belonging to any of the sub divisions of said counties, Is hereby vested in the city of New York as hereby constituted Gifts of Real and Personal Property. when and where new lamps or lighting appliances shall be placed and lighted. plies as shall be necessary to be used in parks, squares and public places of the city, and shall award contracts for the same to the lowest re - Maintenance and Management of Buildings sponsible bidders, who shall give adequate se - In Parks. curity for the faithful performance of such xv. j..... . .nmmie - contracts, excepting such perishable articles sion7r for the borougSs" of ManhatUn and as may be excepted by the rules and regula - ?rll S,n. rn - inm the me - tlons of the board. In case of an emergency teorologlcal and astronomical observatory, the Museum of Natural History, tne metropolitan Museum of Art in Central park, the aquarium In Battery place, and sucn otner buildings as now are or may hereafter be erected in such park or in any other park, square or public place under his Jurisdiction. oy auinomy or the municipa " and cont rol over all that nortl on of Battery place EfS"! WL?efrln8 south of the line of the south side of Sec. 2. A branch of the department of bridges shall be located in the hall or public office of each of the boroughs of Mannattan and Brooklyn, and the commissioner shall have power, if he deem it necessary, and when authorized bv the municipal assembly to locate a branch in any or in all of the other boroughs. It shall be the duty of the hoard of estimate and apportionment and of the municipal assembly to make proper provision for all branches of the department when established The said commissioner shall appoint deputy commissioners of bridges, one of whom shall be seated in the chief office in the borough of Manhattan, and one of whom shall be seated in the branch office of the department in the borough of Brooklyn. If the said commissioner shall at any time deem it ad visable under the authority of the municipal assembly to locate branches of his depart ment In all or any of the other boroughs, he shall then have power to appoint a separate deputy in and for each branch so located. The same deputy may hav& charge of more than one borough. Commissioner; Power to Appoint and Fix Salaries. Sec. 3. The commissioner of bridges shall appoint, without definite term, a chief engineer, who shall have general charge and control of the care, maintenance and operation of the New York and Brooklyn bridge. The said commissioner shall, if he deem it necessary, at any time appoint without definite term a consulting engineer, wno snail ue a recognized expert in bridge construction, and who shall have had not les3 than ten years' experience as a civil engineer. The said commissioner shall have power to appoint such other assistant engineers, officers and subordinates as ho may deem necessary, and as are provided for and authorized by the proper appropriation, and the said commissioner shall fix and regulate the salaries and compensation of all his appointees, within the limit, however, of the proper appropriation therefor. The said commissioner may also from time to time employ such workmen and laborers as may be necessary, and as are provided for by the proper appropriation, and such workmen and laborers shall be taken as far as possible from any appropriate eligible lists that are or may be prepared by the civil service commission of said city; any such employment may be terminated by the commissioner at any time. Id.: To Mako Surveys, etc. Sec. 4. The commissioner of bridges shall mako and cause to be made all surveys, maps, plans, estimates and drawings of all works relating to his department, and shall preserve the same in the chief office of the department which shall be located in the borough of Man hattan, and be shall prepare all contracts authorized by the board of public improvements and the municipal assembly. He shall make an annual report of the business and transactions or his department to the mayor. Id.: Jurisdiction. Sec. 5. The commissioner of bridges shall have cognizance and control (1) Of the management and maintenance of the New York and Brooklyn bridge. (2) Of the operation of the railroad on the New York and Brooklyn bridge. (3) Of the collection of fares and of tolls on the Nev York and urooKiyr. Driuge. (4) And of the construction, repair, maintenance and management of all other bridges that may at any time hereafter be constructed In full or in part at the expense of the city each commissioner may purchase articles Immediately required without calling for competition at an expense not exceeding $1,000 during any one month. Battery Place; Boat Landings. Sec. 13. 'The commissioner for the boroughs of Manhattan and Richmond shall have power boroughs of Brooklyn and Queens to conduct and maintain the Brooklyn Institute of Arts and SelencBs. and such other buildings as now are or mav hereafter be erected In any park, square or public place under his Juris diction by authority of the municipal assem - blv. It shall be the duty of the commis - alonor fnr rhn hnrnnerh of the Bronx to con duct and maintain the New York Botanical Garden and the buildings appurtenant thereto, and such other institutions or buildings as mav be established or erected in any park, square or public place In his jurisdiction by authority of the municipal assemmy. it sua" be the dutv of the several commissioners to provide the necessary instruments, furniture and equipments for the several buildings and institutions within their respective junsaic - tlons. and. with the authority of the munici pal assembly, to develop and improve the same, ana to erect additional Dunaings; out the conduct and maintenance of all sucn buildings and institutions shall be subject to and In conformity wltn sucn contracts ana agreements as have heretofore been made with such Institutions respectively and are In force and effect when this act takes effect, or as may be hereafter made by the authority of the municipal assembly, and no moneys shall be expended for such purposes unless an appropriation therefor has been made by the board of estimate and apportionment ana thn munielnal assembly. Out of the moneys annually appropriated for the maintenance of parks each commissioner may appiy sucn sum as shall be fixed by the board of estimate and apportionment for the keeping, preserva tion and exhibition or tne collections piaceu or contained In buildings or institutions now situated or hereafter erected In the parks. squares or public places under tne jurisdiction of such commissioner. Appointment of Subordinate Officers. Sec. 8. Each commissioner shall have power to appoint such superintendents, engineers, subordinates, clerks aud assistants as may be npwasarv for the efficient performance of the duties of the department respecting the parks, squares and puDUC p.aces witnin uia jurisdiction and as may be authorized by the municipal assembly ana proviaea ior oy tne proper appropriation. He sball, subject to the approval of the board, fix - the salaries of his appointees within the limits af such ap propriation. Each commissioner suau aiso have power to employ all of the mechanics, agents or laborers needed or required for the work of tne aepartment in tue yarns, squares and public places In his jurisdiction within the limits of the proper appropriation, nrl tn arranee and classify the various ap pointees end employes In such manner and under such titles or designations as the board mav nTfwcrlbe. Each commissioner snon havn in immediate charge the control and disposition of such members of the police force of the city or iNew lore as cousuiuxeu by this act as may be assigned for duty in Che parks subject to cis jurisaiccion. Powers as to Buildings for Fire Apparatus. Sec. 9. Each commissioner is hereby author - pier No. 1. North river, and west of the easter ly lino of West street, extended in a southerly direction, and also over the waters of the North river and soil under tne waters thereof, In front of said portion of Battery place, and to the extent of 200 feet westerly from the westerly end of said Battery place; and It shall be lawful for such commissioner to erect, construct and maintain on said part of Battery place, and over or on the lands under water before mentioned, a proper Improvement, to consist of suitable buildings, dockB, piers or basins for the accommodation of small boats that may be engaged In the business of attending on shipping lying in the said river. or the bay or harbor of New York, and also to make, prescribe and enforce, from time to time, such rules and regulations, for the use and enjoyment of the same as to toe commis sioner shall seem meet and proper for the pub lic Interest. Such commissioner may also pre scribe and enfoite like rule and ordinances for the control an.n government of all small boats frequenting or using the water basin at the south end of the Battery . Harlem River Improvement. Sec. 14. It shall be the duty of the commis sioner for the boroughs of Manhattan and Richmond to continue and complete every and all plan or plans, work or construction, re specting the improvement of Harlem river. heretofore devoivea upon tne aepartment oi pifblic parks of the corporation known as the mayor, aldermen ana commonalty or tne city of New Y'ork, by chapter five hundred and thirty - four of the laws of eighteen hundred and seventy - one and by all acts or parts of acts amendatory thereof, so far as the same remain - to be continued and completed accord ing to the provisions of that act or Its amend ments. Metropolitan Museum of Art, Sec. 15. The commissioner for the boroughs of Manhattan and Richmond is hereby au thorized and directed to continue the contract with the Metropolitan Museum of Art for the occupation by it of the buildings erected or to be erected on that portion of the Central park east of the old receiving reservoir and bouna - ed on the west by the drive, on the east py the Fifth avenue, on the south by a continu ation of Eightieth street and on the north by a continuation of Eighty - fifth street, ana ior transferring thereto and establishing ana maintaining therein its museum, library and collections, and carrying out the objects and purposes of the said Museum of Art. American Museum of Natural History. Sec. 16. The commissioner for the boroughs of Manhattan and Richmond Is hereby au thorized and directed to continue the contract with the American Museum of Natural His tory for the occupation by it of the building erected, or to be erected, on that portion of the Central park formerly known as Manhattan square, and for establishing and maintaining therein its museum, library and col lections, and carrying out the objects and purposes of said museum. or, as provided to chapter TV of this act In appointing such comimiesioneTS tne mayor shall specify the borough or borougns m wnicn tney are respectively to nave aamm - Istratlve jurisdiction, to wit: One in the boroughs of Manhattan and the Bronx; one In toe borough of Brooklm: and one in tne boroughs of Queens and Richmond. The commissioner appointed for the boroughs of Manhattan and the Bronx shall bo the prudent of the board and the officers of such commissioner and of the department of build ings snail oe m the borough of Mannatiau. The board shall have the power, by a vote oif a majority of Its members, to establish general rules and regulations for the administration of the department, and such other rules and regulations as were author izes Dy law at the time of the passage w - this act to be eefn - hltahMl bv the superin tendent of buildings in the city oi New York, or by the commissioner of the department cf buildings In the City of Brooklyn, as said cities were formerly constituted. Such rules and regulations shall, so far as practicable, be uniform in all the boroughs, but the board snau nave power, from time to time, m amend or repeal euch rules and regulations when in the opinion oi a majority ct tne commissioners it shall seem necessary or de sirable. The board shall also have power to appoint a secretary, and within the limits of ts appropriation to appoint such subordinate officers as may be necessary for the proper conduct of the office of the department. General Powers of Commissioners Under Ex isting Laws. Sec. 2. The commissioner for the boroughs of Manhattan and the Bronx shall in addition to the powers, rights and duties expressly conferred or imposed upon him by this act possess and exercise all the powers, rights and duties and shall be subject to all the obligations heretofore vested in, conferred upon or required of the department of buildings or the superintendent of buildings in the city of New York as heretofore constituted, bo far as such powers, rights, duties and obligations concern, affect or relate to the construction, alteration or removal of any building or structure erected or to be erected within said boroughs or either of them at the time this act takes effect, except in so far as the same are Inconsistent with or are modified by this act. The commissioner for the borough of Brooklyn shall in addition to the powers, rights and duties expressly conferred or imposed upon him by this act possess and exercise all the powers, rights and duties, and shall bo subject to all the obligations heretofore vested in, conferred upon or required of the from the entry of such decision uponriuo. records of the commissioner by filing with - the commissioner rendering the same ana witu the secretary of the board a notice oi appeal utoHncr QTionlfirallv thfi OUSStionS Which the appellant desires to have passed upon by the board, and by Hiing with tne secretary w " board copies of all papers required by law or by the rules and regulations of the board to be submitted to the commissioner upon an application for a building permit. The board shall nx a aate witnin a remonauio "'"z for the hearing of such appeal, and upon such hearing the appellant may be represented either in person or by his agent or attorney. The decision of the board upon such appeal shall be rendered without unnecessary delay and such decision shall be final. Power to Vary the Provisions of Law. Sec. 6. Each commissioner shall have pawef with the approval of the board to vary or modify any rule or regulation of the board or the provisions. of this chapter or of any existing law relating to the construction, alteration or removal of any. building or structure erected or to be erected within his jurisdiction upon an application to him therefor In writing by the owner of the proposed building or structure or his representative where thero are practical difficulties in the way of carrying out the strict letter of the law. so that the spirit of the law shall be observed and public safety secured and substantial Justice done, but no such variation or modification shall be granted or allowed except by vote of a majority of the board. Where such application has been granted by a commissioner the owner of the proposed building or structure or his representative shall have the right to present a petition to the board setting forth the grounds for the desired variation or modification, and may appear before said board ana be heara. - xne board shall fix a date within a reasonable time for a hearing upon such application and shall as soon as practicable render a decision thereon, which decision shall be final. The particulars of each such application and of the decision of the board thereon shall be entered upon the records of the board, and if the application Is granted a certificate there - forshall be Issued by thecommissioner to whom the application is made and shall be countersigned by the secretary o the board. Accounts; Annual Estimates; Expenditures. Sec. 7. Each commissioner shall keep accurate and detailed accounts, in a form ap proved by the commissioners of accounts, of all moneys received and expended by him, the sources from which they are received and the purposes for which they are expended. department of buildings or the commissioner and shall prepare itemized monthly statements of the department of buildings in the City of Brooklyn as heretofore constituted so far as such powers, rights, duties and obligations concern, affect or relate to the construction, alteration or removal of any building or structure erected or to be erected within said borough at the time this act takes effect, except in so far as the same are inconsistent with or are modified by this act. The commissioner for the boroughs of Queens and Richmond shall in addition to the powers, rights and duties expressly conferred or imposed upon him by this act possess ana exercise au tne powers, rights and duties and shall be subject to all the obligations heretofore vested in, con ferred upon or required of any department Gifts of Real and Personal Property. Sec. 3. Real and personal property may be granted, devised, bequeathed or conveyed to the city of New York, as constituted by this act. for the purposes of the improve ment or ornamentation of the parks, squares or Dublic places in said city, or for the es tablishment,or maintenance, within the lim its of any such park, square or public place, of museums, zoological, botanical or other gardens, collections of natural history, ob servatories or works of art, upon such trusts and conditions as may be prescribed by the grantors or donors thereof, and be accepted bv the deoartment; and all property so de vised, granted, bequeathed or conveyed, and the rents, issues, profits and income an increase thereof, shall be subject to the man aeement. direction and control of the com mlssioncr for the borough or boroughs in which the same is situated or to wnicn it ap pertains, and except sucn surplus animal and duplicate specimens as the department may deem it judicious to dispose of by sale or otherwise, the same shall be forever properly protected, preserved and arranged for public use and enjoyment, subject to such rules and regulations as the department may prescribe. The department shall hereafter. with Its annual report, mane a sLaiement oi the condition of all the gifts, devises and bequests of the previous year, and of the names of the persons making the same. General Powers of the Board. Sec. 4. The board of commissioners of parks shall by a vote of a majority of its members have power to establish general rules and regulations for the administration of the department, which rules and regulations shall be so far as practicable uniform in all the boroughs, and shall have power to appoint a secretary, and. within the limit of its appropriation, to appoint such subordinate officers as may be necessary for the proper conduct of the office of the department. The board shall also have power by a vote of a' majority of Its members to enact ordinances for the government and protection of all such parks, squares and public places, and the same shall at all times be subject to all such ordinances as to the use and occupation thereor ana in respect to any erec tions or Incumbrances thereon. Any person violating any of such ordlnancea shall be guil ty of a misdemeanor, anu shall, on conviction bffore a citv magistrate, be punished by a fine not exceeding $30, or. In default of payment of such fine, by Imprisonment not exceeding thirty days. Landscape Architect; Appointment and Duties, Sec. 5. Tho board snail also appoint witn ler. All bids or proposals snail ai puanuj York, or that may be acquired by said 1 in cue j - - - i ntunoil hv the said commissioner and presence of iho controller, but the opening of the bids snail not oe posipum. - u u luc iuu, - ler shall. - after due notice, fail to attend. If the lowest bidder shall neglect or refuse to accept the contract within five days after a written notice that the same has been award - Art tn hl - . bid or proposal, or if he accepts but does not execut.; the contract and gives j Id. To jiace Daily Report to Controller. Improper security it shall be reauveruseu anu relet as above provided. The - said specifications shall provide, among other matters, that each bidder or proposer shall accompany his bid or proposal with a certified chock in such amount as the said commissioner may determine that ho will, if awarded, enter Into the contract, all of which said checks shall be returned to the bidders save the check of 1.1,1,1. - .. ri. - hirVi hnll hA Tf - tUO SUCCf. - iSiUl ijiuww. , ........ tul:nea, .1 m Sf", ll od ,hn i Persons Not Affected by Passage of This Act; enterea juiu iut .u.u.. - - - - - - ; bond, and the said bond has been in all re - ; spects approved of as heroin provided. No j bids shall be accepted or contracts awarded city. (5) Of the construction, except of the East river bridge, authorized by chapter , Laws of , repair and maintenance or all other bridges that are or may be in whole or in part a public charge not included in public parks within the territory of tho city cf New York. Sec. C. The said commissioner shall keep accurate accounts of all moneys received or collected hy his department for fares, tolls, : and any other purpose, in such form as the ' controller of the city or the ordinances of ! the municipal assembly shall require, and he ! shall pay over the same dally to the chambcr - i lain and make a dally report of the same to the controller. Exceptions. Sec. 7. None of the engineers, officers, save nnv nerson who is in arrears 10 ine cor poration upon debt crcontract.or Is a defaulter is surety or otherwise upon any obligation tor the corporation. Every contract shall be executed in duplicate and shall be filed lin the department of finance, and shall Inno wu be valid or binding upon the city Until die attornevs and counsel, and subordinates of the New York and Brooklyn bridge in office or employment at the time of the passage of this act and heretofore appointed by the trustees cf the New York and Brooklyn bridge shall be affected by the passage cf this act so far as their offices and positions are concerned, but shall continue to hold such nut deflnito term a landscape architect, skilled and expert, whoso assent shall be requisite tn all plans and works or changes thereof re specting the conformation, development or ornamentation of any of tho parks, Equares or public places of the city, to the end that the Same may oe unnurm uuu avuiuicu iiii ai an Hmps It shall be the duty of such architect, fmm time to time, to prepare and submit to the board, as he may deem proper, or as he may be requested by said board or by any . - ommissioner. plans for works or changes rhnmif respecting the parks, squares or pub lie places of tho city. Tho salary of said architect shall be fixed by the board within the proper appropriation. General Powers of Commissioners as to the Management oi tne ijan;s. fi. Subiect to such general rules and regulations as shall be established by the i.arrl each commissioner shall have charge of tho management and be responsible for the r - a - of all sucn parns, squares auu iiuu.it r.i - .i - rs as srr. situated In the borough or bor oughs for which ho is appointed, and of the streets and avenues immediately adjoining the same; but such jurisdiction shall not extend ! to nor include the buildings which are now i or may hereafter be erected in such parks, .... - - .sn - Wiir. niapt; fnr rrnvprnmen tal nur - ! poses, other than the administration of the de - ! partment. It shall be the duty of each coin - j mlssloner subject to such general rules and I regulations and In comformlty therewith to 1 maintain the beauty and utility of all ;;uch ' parks, squares and public places as are ; situated within his Jurisdiction, and to in - ! stitute and execute all measures for the im provement thereof for ornamental purposes and for the beneficial uses of the people of the city. Subject to the general rules and igu - latioiv. established by the board, each commls - Elcncr shall have power to determine ilie line or curb and the surface construction of all streets and avenues lying wliai.i a distance of throe hundred and fifty feet from the outer boundaries of any park, square or public place In his jurisdiction; and he shall also have power to plant tree and to construe:, erect and establish seats, drinking fountains, statues and works of art, when he may deem It tasteful or appropriate so to do, on any part of tho public streets and avenues within such environment, subject to the provisions of section 20 of this chapter, and to determine ized in his descretion, on the application in writing of the fire commissioner, to permit rho - nlaclne a building or buildings for fire apparatus in any of the parks, squares or pub - 1 r nl - aces situatea witain tne jurisumuuii ui such commissioner of parks, provided the RflimB are so located and constructed as, in the judgment of the commissioner granting such permission, will not disfigure or Incumber the same or Interfere with the purposes of public use and recreation, but will tend to the protection of the public and their property. General Powers of Commissioners under Former Acts. Sec. 10. The commissioner for the boroughs nf Manhattan and Richmond shall in addi tion to the powers, rights and duties express - lv conferred or imposed upon him by this ant nossess and exercise all the powers. rights and duties and shall be subject to all the obligations heretofore vested in, conferred upon or required of the corporation lrnrtwn as the mayor, aldermen and com monalty of the city of New York or the department of parks in said city, or the r - nmmisslonere of parks, or in any other board, body or officer therein or thereof, or In any commission, commissioner, body, board or officer in or for the county of - Richmond, so far as such powers, rights. duties and obligations concern or affect the control, care, management, government, ex - tpnslo. maintenance or administrative Juris - irinn nf th Darks, sauares and other public places situated or lying within the boroughs of Manhattan and Richmond, or i - rnAr nf them at the time this act takes effect or which may thereafter oe openea nr established therein, so far as the same ar not inconsistent with this act. ino commissioner for the borough of the Bronx shall in addition to the powers, rights and rinrinK pmrflnslv conferred or imposed upon him by this act possess and exercise all the aforesaid powers, rights, autios ana smu be subject to all the aforesaia oou - gations so far as such powers, rights, duties and obligations concern or affect the care, management, control, government. extension, maintenance or administrative jurisdiction of the parks, squares and other public places situatea or lying wumu mo Plough of the Bronx at the time this act takes effect, or which may thereaiter oe optLn. - u ui established therein, so far as the same are not inconsistent with this act. Tho commissioner for the boroughs of Brooklyn and Queens shall in addition to the powers, rights and duties expressly conferred or Imposed upon him by this act, possess anu exercie un the powers, rights and duties anu auun uc subject to all the obligations heretofore vested in or conferred upon, or required of the corporation known as the City of Brooklyn, or the department of parks in and for said city, or the commissioner of parks, or any commis sion, commissioner, body, board or otneer oi said city or of the county of Kiugs, i.r in any commissioner, body, board or officer in or for that portion of the county of Queens which is included in the city of New York as constituted by this act. so far as such powers, rights, duties and obligations concern or affect the control, care, management, government, extension, maintenance or administrative jurisdiction of the parks, square. - i and other public places situated or lying within the boroughs of Brooklyn and Queens or either of them at the time this act takes effect or which may be thereafter opened or established therein, so far as the same are not Inconsistent with this act. New York Public Library. Sec. 17. Whenever pursuant to lawful au thority, the land at present occupied by the reservoir at Fifth avenue and Fortieth and Forty - second streets shall be made a public park, and the removal of said reser voir shall have been duly authorized or directed, the commissioner for the boroughs of Manhatten and Richmond is hereby authorized and directed to make and enter into a contract with the New York public library, Astor. Lenox and Tilden founda tions, a corporation duly organized under the laws of this state, for the use and occupation of said land, or of any part thereof. by the said corporation and Its successors, for establishing and maintaining thereon a free public library and reading room, and for carrying out the objects and purposes of said corporation in accordance with the provisions of the agreement of consolidation between the trustees of the Astor library, of the Lenox library and of the Tilden trust, and the several acts incorporating the said several corporations; and said contract may pro vide that such use and occupation shall con tinue so long as the said New York public library, Astor, Lenox and Tilden foundations, or Its successors, shall maintain such free public library and reading room upon said land. Brooklyn Institute of Arts and Sciences. Sec. 18. The commissioner for the boroughs of Brooklyn and Queens is hereby authorized and directed to continue the contract 'and lease with the Brooklyn Institute of Arts and Sciences for the occupation hy it of park lands and a building or buildings erected or to be erected on that portion of Prospect park bounded by the Eastern parkway on the north, Washington avenue on the east, a line parallel to old President street and one hundred feet south of tie southerly line of said street on - the south, and on the west by the easterly line of land reserved by tho Pro - pect hill reservoir and In continuation there of for establishing and maintaining therein Its museum, library and collections and for carrying out tho plans and purposes of said society, and Tor the maintenance of said museum building or buildings, and for tho keeping, preservation and exhibition of collec tlons placed therein, a sum not less than $20,000 shall be appropriated annually hy the said city of Now York as constituted by this act. New York Botanical Garden. Sec. 19. The commissioner for the borough of the Bronx is hereby authorized and directed to carry out the existing contract made by and between the department of parks of the corporation heretofore known as tho mayor, aldermen and commonalty of the city of New York and the board of managers of the corporation known as the New York botanical garden pursuant to the provisions of chapter 285 of the laws of 1890, as amended by chapter 103 of tho laws of 1894 and entitled "An act to provide for the establishment of a botanic garden and museum and arboretum In Bronx park In the city of New York and to incorporate the New York botanical garden for carrying on the same," which contract provides for the allotting and setting apart for the uses of said garden of 200 acres of land or less on tho northern part of Bronx park as shown upon a certain map thereof numbered 08 and signed by Messrs. Vaux, and Parsons and filed with the former department of parks of tho corporation known as the mayor, aldermen and commonalty of the city of New York. of all receipts and expenditures In duplicate, one of which statements, together with all vouchers, shall be filed with the controller, and one of which shall be filed in his own office. Each commissioner shall, on or about the first day of September in each year prepare an Itemized estimate of his necessary expenses for the ensuing fiscal year and present the same to the board. The three estimates so prepared as revised by the board shall together constitute the annual estimata of the department of buildings, and shall be submitted to the board of estimate and apportionment within the time prescribed by this act for the submission of estimates for the several departments of the city. No com missioner shall incur any expense ior any mmmlRHlnn. board or officer of Lone Island purpose in excess of the amount appropriated therefor; nor snail ne exyouu auj muuoj oi appropriated for any purpose other than that for' which It was appropriated. Sec. 8. Each . commissioner shall keep a record of all applications presented to him' concerning, affecting or relating to the construction, alteration or removal of buildings or other structures. Such record shall include the date of the filing of each such application; the name and address of the applicant; the name and address of the owner of the land on which the structure mentioned in such application Is situated: the names and addresses of the arenrtect ana Duuaer em - City as heretofore constituted, or of any town or village as heretofore constitutea which is comprised within that portion of the county of Queens included In the city of New York as constituted by this act, or which is vested in, conferred upon or required of any department, commission, board or officer of any town or village in the county of Richmond as heretofore constituted, so far as such powers, rights, duties and obll - eations concern, affect or relate to the con struction, alteration or removal of any build ing or structure erected or to be erecetd with in said oorougns or eitner or. mem except m so far as the same are inconsistent with or ployed; thereon; a designation of thepremises by street numoer, or ouierwwo buiuuouu.w Identify the same; a statement of the nature of such structure; and a brief statement 61 the nature of the application, together with a memorandum of the decision of the commissioner upon such application and the date of the rendition of such decision. The books containing such records are hereby declared to be public records, and shall be open to inspection at all reasonable times. are modified by this act. Continuation and Revision of Existing Laws. Sec. 3. The several acts relative to the con struction, alteration or removal of buildings or other structures which are applicable to any of the several corporations now compris ing the cities, towns ana villages mciuaea within tho city of New York as constituted by this act, are. hereby. continued in full force and effect in sucn cities, towns ana villages respectively except so Tar as the same are inconsistent with or are modified by this act, provided, however, that the municipal assembly shall have power to change or modify rules and regulations as prescrmea Dy existing laws, and for the purpose of effecting such revision of rules and regulations to appoint a commission of experts to prepare an ordinance providing for all matters relating to the construction, alteration or removal of all buildings or structures erected o rto be erected in the city of New Yok as constituted by this act. CHAPTER XIII. Department of Public Charities. Regulations: Subordinate Of - D titles of Commissioners. Removal of Subordinates. Appointment and Jurisdiction: flcer3. Section 1. The head of the department of public charities shall consist of a board of three commissioners, who shall be designated commissioners of public charities of the city of New York. They shall be appoint - ed by the mayor as provided in Chapter IV! of this act. In appointing such commissioners the mayor shall specify the borough or boroughs in which they are respectively to have administrative jurisdiction, to wit: one in the boroughs of Manhattan and the Bronx; Sec. 4. Each commissioner shall, within tho one in the boroughs of Brooklyn and Queens; borough or boroughs in which he is appoint - one In the borough of Richmond. The corned to exercise administrative jurisdiction, mlssloner appointed for theb oroughs of Man - have charge of the administration of, and it hattan and the Bronx shall be the president shall be his duty, subject to and in accord - of the board, and the officers of such commis - ance with the general rules and regulations of sioner and of the department of public char - established by the board, to enforce such uies shall be in the borough of Manhattan, rules and regulations and the provisions of The said board shall by a vote of a majority this chaoter and of such ordinances as may be nf uR members have power to establish een - established by the municipal assembly and of eral rules and regulations for the administra tis laws relating to the construction, altera - tion of the department and tho government tion or removal of buildings or other struc tures erected or to be erected within such bor - oueh or boroughs. Each commissioner within thellmits ofhisapproprjatlon shall have power to appoint and at pleasure to remove sub - af the institutions under the jurisdiction of said several commissioners, and such general rules and regulations shall be so far as practicable uniform in alfl the boroughs. Subject to such general rules and regulations each ordinate officers, as follows: Such superintend - commissioner shall have jurisdiction over the ents of Ouuaings ana sucn inspectors or sevoral classes of institutions hereinafter spec - buildlngs. engineers, clerks, messengers, as - (fled which are situated or mav hereafter be sistantsand other subordinates as in his Judg - established within the borough or boroughs for ment may oe necessary anu proper to carry which he is appointed. The commissioner Accounts; Annual Estimates; Expenditures. Sec. 11. Each commissioner shall keep accurate and detailed accounts, in a form approved by the commissioners of accounts, of all moneys received and expended by him, tho Eourcos from which they are received and the purposes for which they are expended, and shall prepare itomized monthly statements of all receipts and expenditures in duplicate, one of which statements, together with all vouchers, shall be filed with the controller, and one of which shall be filed in his own office. Each commissioner shall on or about the day of in each year prepare an itemized estimato of his necessary expenses for the ensuing fiscal year and present the same to the board. The three estimates so prepared as revised by the board shall together constitute the annual estimate of the department of parks, and shall bo submitted to the board of esilmato and apportionment within the time prescribed by this act for the submission of estimates for the several departments of the city. No commissioner shall Incur any expense for any purpose in excess of the amount appropriated therefor; nor shall he expend any money so appropriated for any purpose other than that for wnicn it was appropriate"., ino commissioner for the boroughs of Manhattan and Richmond shall annually include in his estimate of the amount necessary for the maintenance of the parks, the sums now authorized by law for the maintenance of the Amoriean Museum of Natural History and the Metropolitan Museum of Art, not exceeding, however, $95,000 per annum for each of the said museums. It shall be the duty of the board of estimate and apportionment and of the municipal assembly to provide In the annual budget the proportionate part of the appropriation for the department of parks applicable' to the administration of tho department in each borough of the city, borough by borough. Advertisements for Supplies; Sec. 12. The board shall from time to time, as may be necessary, advertise in the City Record and In such other papers as may be authorized by proper authority, for not less than ten days, for proposals for such articles and sup - Public Monuments aud Memorials. Sec. 20. No statue or piece or sculpture or work of art of any sort, in the nature of a public monument or memorial, shall be erected or placed upon any ground, or within any building belonging to the city of New York, as constituted by this act, without the approval of tho mayor, the presideut of the council, the president of the National Sculpture society (If such organization be then existing), and the president of the One arts federation, if then existing. But this section shall not be construed as Intended to impair the powers now possessed by the municipal assembly, or of any commissioner of park, or of any other civil body holding jurisdl Lion over public lands or buildings to refuse its or his consent to the erection, or acceptance of public monuments or memorials, or other works or art oi any sort, or to cbtain suitable expert opinions upon their artistic merits. Military Encampments and Evolutions; Public Fairs. Sec. 21. No military encampment, parade, drill, review, or other military evolution, cr exercise, shall be held or performed n any park, or in any part tnereor; nor shall any military company, regiment, or other military body, enter or move In military order within any park without permit from the commissioner within whose jurisdiction such pari: Is situated. No military officer shall have authority to order, direct, or hold any such parade, drill, review, or other evolution or exercise, or encampment within said park, except In case of riot, Insurrection. reb'ilDn, or war, without such permit. It shall not be lawful to grant, use or occupy, for tho purposes of a public fair or exhibition, any portion of any park, square or public place. CHAPTER XII. Department of Buildings. Appointment of Commissioners; Jurisdiction; Regulations. Section 1. Theheadof the departmentof buildings shall consist of a board of three commissioners, who shall be designated commissioners of buildings of the city of New York. They shall be appointed by the may - out and enforce such rules and regulations and ordinances and the provisions of said laws and of this chapter within the borough or boroughs under his jurisdiction. The su perintendents of buildings shall each be a competent architect, engineer or builder of at least ten years' practice. The inspectors shall be competent men, either architects, engineers, masons, carpenters or ,iron workers, who shall have served at least five years as such. It shall not be lawful for any officer or employe in the department to be engaged in conducting or carrying on business as an architect, civil engineer, carpenter, iron worker, mason or builder while holding office in the department. Each commissioner shall have power to designate in writing one of the superintendents of buildings or any of the inspectors so appointed by him to act on any survey authorized by law, or to perform such other duties as the said commissioner may direct. Each commissioner may designate a superintendent of buildings, who, during the absence or inability of such commissioner, shall possess all the powers and perform all the duties of such commissioner. Any employe, for any neglect of duty, or omission to properly perform his duty, or violation of rules, or neglect or disobedience of orders, or incapacity, or absence without leave, may be punished by the commissioner appointing him by forfeiting and withholding pay for a specified time, or by suspension from duty with or without pay, but this provision shall not be deemed to abridge tho right of said commlsslsoner to remove or dismiss any inspector of buildings or other subordinate appointed by him from the serv - ico of the department at any time in his discretion. Decisions of Commissioners; Appeals. Sec. 5. Each commissioner shall have power and It shall be his duty, subject to the provisions of law and the ordinances of the municipal assembly and the general rules and regulations established by the board, to pass upon any question relative to the mode, manner of construction or materials to be used in the erection or alteration of any building or other structure erected or to be erected within the borough or boroughs under his jurisdiction which is Included within the provisions of this chapter or of any existing law applicable to such borough cr boroughs relating to the construction, alteration or removal of buildings or other structures, and to requrrc that such mode, manner of construction or materials shall conform to the true Intent and meaning of the several provisions of this chapter and of the laws aforesaid and of the rules and regulations established by the board. Whenever a commissioner to whom such question has been submitted shall reject or refuse to approve the mode, manner of construction or mateilals proposed to be followed or used In the erection or alteration of any such building or structure, or when it is claimed that the rules and regulations of the board or provisions of law do not apply or that an equally good and more desirable form of construction can be employed in any specific case, the owner of such building or structure, or his duly authorized agent, may appeal from the decision of such commissioner to the board in any case where tho amount Involved by such decision Bhall exceed the sum of $1,000. Such an appeal may be taken within ten days for the boroughs of (Manhattan and the Bronx, and the commissioner for the boroughs of Brooklyn and Queens shall each have. power to appoint and at pleasure to remove a deputy. Each deputy so appointed shall during tho absence or inability of the commissioner appointing him possess all the powers and perform all the duties of such commissioner. The board of estimate and apportionment and the municipal assembly may from time to time provide for additional deputies in the last named boroughB, and also for a deputy in the borough of Richmond. Any deputy to serve in the borough of Richmond shall be appointed by the commissioner having administrative jurisdiction therein, and shall be subject to removal at his pleasure. Each of tho commissioners, within the limits of hla appropriation, shall have power to appoint and at pleasure to remove such subordinate officers and assistants as may be necessary for the efficient performance of his duties as such commissioner. The board shall have power to appoint a secretary and, within the limit of its appropriation, to appoint such subordinate officers as may be necessary for the proper conduct of the office of the department. Public Institutions Under the Jurisdiction of the Commissioners. Sec. 2. Each commissioner shall have jurisdiction over and it shall be his duty to take charge of and to establish and enforce rules and regulations, not inconsistent with the general rules and regulations established by the board, for the government of the following described classes of institutions situated within the borough or boroughs for which he Is appointed, viz.: All hospitals', asylums, almshouses and other institutions belonging to or hereafter acquired or established by the city of New Ycrk, which are or shall be devoted to the care of the feeble minded, the sick, the infirm ar:d the destitute; except hospital wards attached to penitentiaries and to other prisons and Institutions under the juris diction of the department of correction; and except such hospitals as are or may hereafter be established and conducted by the department of health pursuant to law; and except the house of refuge for juvenile delinquents and the house of detention for witnesses; and except the island known as Ward's Island and the buildings and improvements thereon and the equipment, fixtures and furniture ol tho asylums for tne insane on said Island during the continuance of the lease thereo! heretofore made by the city of New York t( the state of New York. Such buildings and grounds on Blackwell's island as are nom used for the care of the insane pursuant t( the provisions ' of chapter 2 of the laws o 1898, shall, when the insane shall have boei removed therefrom, be under the jurisdictloi of the commissioner of public charities foi the boroughs of Manhattan and the Bronx and the buildings and grounds, together witl the equipments, 'fixtures and furniture of thi buildings now leased to the state by th county of Kings for the care of the insane shall, when said lease1 expires, be under tb jurisdiction of the commissioner of publi charities for the boroughs of Brooklyn ani Queens. (lb lie continued

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