ORDINANCES OF THE MAYOR, ALDERMEN AND COMMONALTY OF THE CITY OF NEW YORK REVISED A. D. 1859 BY D. T. VALENTINE ADOPTED BY THE COMMON COUNCIL AND PUBLISHED BY THEIR AUTHORITY. New York C. W. Baker, printer, 1859. PREFACE. THIS edition of the City Ordinances has been revised under circumstances which rendered necessary their adoption by the city government. Since the last revision (by DAVID GRAHAM, Esq., in the year 1845,) the Constitution of the State has been remodeled, and provisions have been introduced which annulled the operation of many of the ordinances of the city previously existing ; several State laws have also been passed which affected the powers of the municipal government and established regula- tions to which it was necessary to make the ordinances conform. In addition to these circumstances, three amended charters were passed (those of 1849, 1853 and 1857,) to meet the requirements of which the ordinances were, in some degree, altered at those successive periods ; but by their conflicting provisions, additional complications ensued in the body of the ordinances. Appreciating the necessity of a careful performance of the duties intrusted to him, the undersigned did not rely entirely upon himself in the preparation of this revision, and to his attorney, JOHN PAULDING, Esq., he deems it due to acknowledge services entirely satisfactory. An analysis of the charters and all the recent State laws was made with a view to a more certain detection of con- flicting provisions, and several of the departments were re-organ- ized by the Common Council. When the ordinances were pre- pared, they were from time to time submitted to the Common 317125 -IT PREFACE. Council, by whom they were ordered to be printed in a documen- tary form, and were thus brought to the notice of the members of the city government and the officers of the departments. With some additional amendments to make them conform to the practi- cal workings of the departments, they were finally submitted in a body to the Common Council, and having passed the Board of Aldermen on the 6th day of June, 1859, and the Board of Coun- cilmen on the 13th day of June, 1859, they were approved by the Mayor on the 20th day of June, 1859. Such ordinances as passed between the last-mentioned date and the time of placing the work in the printer's hands, have been likewise incorporated in the work. The ordinances thus adopted are embraced between pages 37 and 478 (inclusive) of this volume. DAVID T. VALENTINE, Clerk of the Common Council. CONTENTS OP THE VARIOUS CHAPTERS OP CITY ORDINANCES. CHAPTER I. Of the May or , and the officers appertaining to the Mayor's office. PAGE' ARTICLE I. Of the Mayor - 37 II. Of the Clerks in the Mayor's office - 38 III. Of the Marshals in the Mayor's office - - 40 CHAPTER II. Of the Legislative Department. ARTICLE I. Of the Common Council, and its powers and duties 42 II. Of the Clerk of the Common Council and his Deputy and Assistants - 45 III. Of the Clerk of the Board of Councilmen and his Deputy and Assistants - - 49 IV. Of the other officers of the Common Council 52 CHAPTER III. Of the Department of Finance. ARTICLE I. Of the Department of Finance, and its bu- reaux generally 54 II. Of the Comptroller - - 56 VI CONTENTS. ARTICLE III. Of the Deputy Comptroller 63 IV ._0f the Clerks in the office of the Comptroller 64 V. Of the Bureau of City Revenue - 61 VI. Of the Bureau of Receiver of Taxes - 71 YII.Of the Bureau of Clerk of Arrears 72 VIII. Of the Bureau of Deposit and Disbursement 74 IX. Of the Auditing Bureau - - 76 CHAPTER IV. Of the Street Department. ARTICLE I. Of the Street Department and its bureaux generally 78 II Of the Street Commissioner ' - 80 III. Of the Deputy Street Commissioner - 88 IV. Of the Clerks in the office of the Street Commissioner . 89 V. Of the Bureau of Street Improvements - 91 VI. Of the Bureau of Wharves - 93 VII. Of the Bureau of Roads 95 VIII. Of the Bureau of Lands and Places 9t IX. Of the Bureau of Lamps and Gas - 99 X. Of the Bureau of Repairs and Supplies - 102 XI. Of the Deputy Superintendent of Repairs and Supplies 104 XII. Of the Bureau of the Chief Engineer of the Fire Department - - 108 XIII. Of the Bureau of Collection of Assessments 111 XIV. Of Surveying ... 119 CONTENTS. Vil CHAPTER V. Of the Law Department. ARTICLE I. Of the Law Department and its bureaux gen- erally - -122 II. Of the Counsel to the Corporation and his Clerks - 123 III. Of the Bureau of the Corporation Attorney 126 IV. Of the Bureau of Public Administrator - 130 CHAPTER VI. Of the Croton Aqueduct Board. ARTICLE I. Of the Croton Aqueduct Board and its bu- reaux generally . 134 II. Of the Croton Aqueduct Board 136 III. Of the Bureau of the Water Registrar and the scale of Water Rents - 141 IV. Of the Bureau of the Water Purveyor 148 V. General Provisions - 150 CHAPTER VII. Of the City Inspector's Department. ARTICLE I. Of the City Inspector's Department and its bureaux generally - 15t II. Of the City Inspector and his Clerks and Messengers 158 III. Of the Bureau of Sanitary Inspection and Street Cleaning - 162 IV. Of the Bureau of Markets - 166 V. Of the Bureau of Records and Statistics - 172 VI. Of the Bureau of Weights and Measures 173 Till CONTENTS. CHAPTER VIII. Of [Miscellaneous Provisions respecting the Executive Departments and their officers. ARTICLE I. Of the officers of the Departments and their accountability - 174 II. Of Contracts for supplies and work for the Corporation 177 CHAPTER IX. Of the Sinking Fund. ARTICLE I. Of the Sinking Fund for the redemption of the City Debt - 190 II. Of the Sinking Fund for the payment of in- terest . 192 III. Of the officers of the Sinking Fund 193 IV. Of the disposition of Real Estate 196 V. Of the valuation at which Real Estate shall be sold - - , 201 CHAPTER X. Of the, Fire Department. ARTICLE I. Of the Department generally - - 203 II. Of the Chief Engineer, the Assistant En- gineers and Fire Wardens - 204 III. Of the Firemen and Fire Companies and herein of fire apparatus, and the manage- ment and care thereof, and the regulations to be observed at fires - - 209 IV. Of Bell-ringers 222 V. Of Fire Districts 224 VI. Special Provisions 227 CONTENTS. CHAPTER XI. Of the, Prevention of Fires. - CHAPTER XII. Of the Storing and keeping of Gunpowder and Fireworks. - 231 CHAPTER XIII. Of the Firing of Fire-arms, Cannons and Fireworks. - 234 CHAPTER XIY. Of Paving^ Repaying and Repairing the Carriageways of Streets and Avenues, - - 237 CHAPTER XV. Of Flagging and Laying and Repairing Sidewalks, and Curb and Gutter Stcnes, 241 CHAPTER XVI. Of Sewers and Drains, - - 247 CHAPTER XVII. Of tht Lighting of Public Gas Lamps, - 255 CHAPTER XTIII. Of Vaults, Cisterns and Areas, - - 256 CHAPTER XIX. Of Public Wells, Pumps, Cisterns and Hydrants, 261 CHAPTER XX. Of the Erection of Barriers to Prevent Accidents, - 264 X CONTENTS. CHAPTER XXI. Of Preserving the Monuments Designating the Streets and Avenues , - 268 CHAPTER XXII. Of Numbering the Streets, - 269 CHAPTER XXIII. Of Cleaning the Streets and herein of the Removal of Snow and Ice and the Sale and Cartage of Manure. ARTICLE I. Of cleaning the streets, 271 II. Of the removal of snow and ice, - 276 III. Of the sale and cartage of manure, sand and dirt, - 278 CHAPTER XXIV. Of Obstructing the free use of the Public Streets, Wharves and Piers, 280 CHAPTER XXV. Of the Public Places and Grounds, - 289 CHAPTER XXVI. Of Vessels, Wharves, Piers and Slips. ARTICLE I. Of leasing the public docks, wharves, piers and slips, 291 II. Of the laying of vessels at the wharves and the regulations of vessels, - 292 III. Of the rates of wharfage, 297 IV. Of incumbering the slips, - - 300 V. Of the ringing of boat bells, - 302 VI. Of the lumber dock, - - 303 CONTENTS. XI CHAPTER XXVII. Of Saks in the Public Streets. ARTICLE I. Of places at which furniture may be sold at auction in the streets, - - 307 II. Of the regulation of sales in the public streets, 308 CHAPTER XXVIII. Of Public Worship in the Streets and Public Places, 31 & CHAPTER XXIX. Of Driving Horses in the City, 315 CHAPTER XXX. Of Sinks, Primes and Cesspools, 317 CHAPTER XXXI. Of Partition Fences and Walls, - 32& CHAPTER XXXII. Of the Blasting of Rods, - - 328 CHAPTER XXXIII. Of Noislways,. - - 329 Xii CONTENTS. CHAPTER XXXIV. Of Weights and Measures. ARTICLE I. Of the districts for sealing and inspecting weights and measures, - - 330 II Of the sealing and inspecting of weights and measures, - 331 III. Of the fees of the Inspectors of Weights and Measures, - 332 VI. Of the fees of the City Sealers of .Weights and Measures, 334 CHAPTER XXXV. Of the Public Markets. ARTICLE I. Of markets and market days, - - 336 II. Of Clerks of the markets, 33*1 III. Of butchers, 341 IV._Of market fees, 343 V. Of general rules and regulations, - 344 CHAPTER XXXVI. Of the Salt, *c.. of Firewood, Hay, Straw, Lime and Coal. ARTICLE I. Of the sale of firewood, 351 II. Of hay and straw, 353 III. Of lime, 354 IV. Of coal, 355 CONTENTS. CHAPTER XXXYII. Of Carts and Cartmen, Dirt Carts, Public Porters and Garbage Carts. ARTICLE I. Of carts and cartmen, - 356 II. Of dirt carts, 367 III. Of public porters, 369 IV. Of garbage and other carts, - 372 CHAPTER XXXYI1I. Of Express Wagons, 374 CHAPTER XXXIX. Of Stages 01 Accommodation Coaches. ARTICLE I. Of licensing stages or accommodation coaches, 376 II. Of the places at which stages may stand waiting for hire, - 378 III. Of stages while on the stand or moving from one stand to another, 380 IV. Of stages while going or driving, - 381 V. Of the superintendence of stages, - 384 VI. General provisions, - - - 385 CHAPTER XL. Of Hackney Coaches and Cabs. ARTICLE I. Of licensing owners of hackney coaches, - 386 II Of licensing drivers of hackney coaches, - 388 III. Of the rates and ^prices of fares, - 390 IV. Of the regulation and numbering of hacks, - 393 Sly . CONTENTS. ARTICLE V. Of the places at which hacks may stand for hire, - 396 VI. Of special hackney coaches or carriages, - 398 VII. Of the superintendance of hackney coaches and carriages, - 400 VIIL Of cabs, - 401 CHAPTER XLI. Of the, Licensing of City Railroad Passenger Cars, - - 402 CHAPTER XLII. Of Pawnbrokers, Dealers in Second-hand Articles and Keepers of Junk Shops. ARTICLE I. Of pawnbrokers, - 403 II. Of dealers in second hand articles, - 405 III. Of keepers of junk shops, - 407 IV. Of general provisions, 408 CHAPTER XLIII, Of Intelligence Offices, - 413 CHAPTER XLIV. Of Provisions Concerning Dogs, - - 414 CHAPTER XLV. Of Nuisances and Noxious Things and Practices, - - 416 CONTENTS. XV CHAPTER XLVL Of Charcoal, Fish, Vegetable and Fruit Wagons and Ven- ders of Brooms, Wooden ware, and Kindling wood, - 430 CHAPTER XLVII. Of the Sale and Manufacture of Bread, - 432 CHAPTER XLVIII. Of Swine and Neat Cattle running at large, and herein of Public Pounds, - 433 CHAPTER XLXIX. Of the Interment of the Dead, - - 438 CHAPTER L. Of Police Courts and other Courts , - 442 CHAPTER LI. Of Constable's Badge*, - 446 CHAPTER LII. Of Chimney Sweepers, - - 447 CHAPTER LIII. Of Corporation Advertisements, - - 450 CHAPTER LIY. Of Election Districts, ..... 451 CONTENTS OP THE APPENDIX. OF THE CITY DEBT. Page. I. Of "The New York City Stock." 482 H. Of "The Water Stock of the City of New York." 486 m. Of " The Fire Loan Stock of the City of New York." 492 IV. Of "The Public Building Stock of the City oi New York." - - - 501, 505 V. Of " The Fire Indemnity Stock of the City of New York." - - - 504, 506 VI. Of "The Floating Debt Stock of the City of New York." .... 507 YE. Of "The Croton Water Stock." 508 Vni. Of "Building Loan Stock, No. 2." 511 IX. 01 "Washington Square Iron Railing Stock." 515 X. Of " Of the Water Stock of the City of New York, for the year 1849." - 516 XI. Of "Building Loan Stock, No. 3." 619 XII. Of "Public Building Stock, No. 3." 521 XIII Of " The New York City five per cent. Stock for Docks and Slips." - 525 XIV. Of "Building Loan Stock, No. 4." 527 XV. Of "The Public Education Stock of the City of New York, for the year 1853." 529 XVI. Of "The Central Park Fund." 530 XVII. Of "The Water Stock of the City of New York, for the year 1854." - - 635 XVIII. Of "The Central Park Improvement Fund." 536 XIX. Of " The Public Stock for Rebuilding Tompkins Market." - - 539 XX. Ot "Assessment Bonds." 640 XXI. Of "Miscellaneous Debts of the City." 541 CITY RAILROADS. General Duties in Constructing, Repairing, etc. - 642 The Harlem Railroad, - 642 The Hudson River Railroad, - 549 The New Haven Railroad, - - 653 The Sixth and Eighth Avenue Railroads, 553 The Third Avenua Railroad, - 660 The Second Avenue Railroad, 552 The Ninth Avenue Railroad, .... 664 CONTRACTS WITH GASLIGHT COMPANIES. The New York Gaslight Company's Contract, 666 The Manhattan Gaslight Company's Contract, - ... f > Qg } 573 The Harlem Gaslight Company's Contract, 577 EXTRACTS FROM THE STATE LAWS, Relating to the Police Department, embracing such parts as concern the en- forcement of the City Ordinances, 682 NOTE BY THE REVISEU OP THE ORDINANCES. The following analysis was pre- pared for the purpose of affording a more ready reference to the provisions of the Charter, while the ordinances were in course of revision. After consultation with the Mayor and Committee on Ordinances, it was thought that it might form a con- venient appendage to the volume of Ordinances. ANALYSIS OF TRK AMENDED CHARTER OF APRIL 14, 1857. General Powers of the Corporation. The Corporation known as ' ' the Mayor, Aldermen and Commonalty of the city of New York," shall continue as a body politic and corporate, with the enjoyment of former grants, powers and privileges. (1.) The Legislative and Executive Powers of the Corporation. The legislative power of the Corporation is vested in a Board of Alder- men and a Board of Councilmen, who together form the Common Council. ( 1 and 2.) The executive power of the Corporation is vested in the Mayor and in the executive departments. ( 16.) The legislative acts of the Common Council shall be by ordinance, act, or resolution, which, before becoming final, shall be submitted to the Mayor for his approval. If approved by him, the same shall become a law. If tile Mayor do not approve thereof, he shall return the same within ten days to the Board in which the same originated, (or if not in session then, at its next regular meeting,) with his objections. The ob- jections of the Mayor shall be entered at large in the minutes of pro- ceedings of the Board, and shall be published as required by the Charter. After not less than ten days from the return thereof, the Board shall proceed to reconsider the subject. The votes upon the same shall be by yeas and nays, which shall be entered on the journals of the Board. If at least two-thirds of all the members elected to the Board agree to pass the same, the act, together with the objections of the Mayor, shall be sent 10 ANALYSIS OF THE AMENDED *o the other Board for concurrence. If approved by at least two-thirds of the other Board, it shall become a law. ( 12.) If the Mayor do not return the act within the time limited, it shall take effect as if he had approved it. ( 13.) Legislative acts may originate in either Board, and may be rejected or amended by the other. ( 14.) No legislative act shall be passed by either Board, except by the vote of a majority of all the members elected to such Board. ( 14.) No legislative act shall be valid unless it shall have passed both Boards within the same year. (11.) The Common Council shall make annual and occasional appropriations for every branch and object of city expenditure, and no money shall be authorizing the appointment of commit- tees of the Common Council, with Executive powers, or conferring such powers on any committee, or authorizing a committee to do any act other than to report the facts in relation to the subject referred, with their opinion, for the consideration of the Board, are repealed. OF THE COMMON COUNCIL AND ITS POWERS AND DUTIES. 43 4. No joint committee shall hereafter be created or AS to join. Committees? appointed by the Common Council, except a Joint Com- mittee on Accounts, consisting of three members of each Board, who shall, once in three months, examine the ac- counts of the several executive departments, and report any delinquencies or errors therein, to the Common Coun- cil ; and except the Joint Croton Aqueduct Committee of the Common Council, to be appointed according to, and exercise the powers conferred by the act of April 11, 1849, to create the Croton Aqueduct Department in the city of New York. 5. No committee shall hereafter be created or ap- AS to pointed by either Board of the Common Council, who mmttee^ shall have power to do any act other than to report the facts in relation to the subject referred, with their opinion thereon, for the consideration of the Board, except as pro- vided in the last section. 6. A committee of either Board, in reporting upon a committees ^ to attach p- subject referred to them, must attach to their report all P er ^. to thtir resolutions, petitions, remonstrances, and other papers in their possession, relative to the matters referred. 7. No report of a committee of either Board shall be 4 s l ? P*- ing of report* printed, unless by the express direction of the Board in e f es- Commtt ' which it is presented, or to which it is sent, specifying the number of copies to be printed. 8. Each Board shall transmit to the other, every or- AS to miBsionofpa- dinance or resolution requiring a concurrent action, to- P er * gether with all papers on which it was founded. 9. When an ordinance or resolution which shall AS to ordi- nances &c. have passed one Board, is rejected in the other, it shall be J returned to the Board in which it originated, together with all papers on which it was founded, with notice of its rejection. 44 OF THE COMMON COUNCIL AND ITS POWERS AND DUTIES. 10. Messages from one Board to the other shall be e communicated by their respective Clerks, unless the Board transmitting the message shall specially direct otherwise. ments amend " I*- Either Board may amend any amendment made by the other, to an ordinance or resolution. Sttees^f 12. In case of a difference between the two Boards upon any subject of legislation, either Board may request a conference and appoint a committee for that purpose ; and the other shall also appoint a committee to confer. The committee shall meet at a time and place to be ap- pointed by the chairman of the committee on the part of the Board requesting the conference. The committee of each Board shall report in writing to the Board appointing them, and may report such modifications or amendments as they think proper. When either Board shall have acted thereon, they shall transmit the same, and the papers re- lating thereto, to the other, with a message certifying their action thereon. iifgfrom'pre- ^' Either Board may recede from its action on any is action. ma tter of difference between the two Boards, at any time previous to a conference, whether the papers on which the difference arose, are before the Board receding, formally or informally. AS to cases $ 14. If both Boards adhere to their disagreement, the where the Boards ad- ordinance or resolution shall be deemed lost, and shall not hereto their be again revived during the same session. AS to com- 15. All committees of conference shall consist of three mittees of . conference. m euibers of each Board, unless otherwise specially ordered by concurrent resolution. OP THE CLERK OF THE COMMON COUNCIL. 45 ARTICLE II. OP THE CLERK OF THE COMMON COUNCIL. AND HIS DEPUTY AND ASSISTANTS. 16. The Board of Aldermen shall appoint a Clerk, who shall hold his office during the continuance of the Board by which he is appointed, and until his successor moved - shall be duly appointed and qualified. He may, however, at any time be removed by that Board, and another clerk be appointed in his stead, who shall hold his office during the unexpired term of the clerk so removed. 17. The clerk so appointed shall, by virtue of his salary, &c. office, be Clerk of the Common Council, and of the Board of Health. The title of his office shall be Clerk of the Common Council, and he shall receive an annual salary of three thousand dollars. 18. Before entering upon the duties of his office, he shaii give . . bond. shall execute a bond to the Corporation, with one or more sureties, to be approved by the Comptroller, in the penal sum of five thousand dollars, conditioned for the faithful performance of the duties of his office. 19. He shall attend all the meetings of the Board of Hi3 duties. Aldermen, and of the Board of Health ; and shall keep the minutes thereof ; proper records of which he shall cause to be made and kept in his office, in books to be provided for that purpose. 20. He shall publish all ordinances, and amendments n,id. of ordinances which shall be passed, and also the proceed- ings, in the newspapers which may be employed by the Corporation, except such parts as may require secrecy; and whenever a vote shall be taken in either Board, upon the passage of an ordinance which shall contemplate any 46 OP THE CLERK OF THE COMMON COUNCIL. specific improvement, or involve the sale, disposition or appropriation of public property, or the expenditure of public moneys or income therefrom, or lay any tax or assessment, such ordinance shall, before the same shall be sent to the other Board, and immediately after the adjourn- ment of the Board at which the same shall have been passed, be published, with the yeas and nays, and with the names of the persons voting for and against the same, in the newspapers employed by the Corporation, as part of the proceedings. His duties. 21. He shall, in all cases, when required by the Chair- man, or a majority of any Committee of the Board of Aldermen, issue, and cause to be served upon persons whose attendance may be required before such Committee, subpoenas, as provided by the law of the state, passed February 8, 1855, accompanied with the usual fee of twenty-five cents ; and shall be entitled to reimbursement therefor by the Comptroller, upon a certificate thereof. 22< He sha11 kee P tlie common seal of tne Corporation, corporation. an( j cause j ^o be affixed to all instruments in writing, made or executed by order of the Common Council, pur- suant to the charter of the city, or any law of the state. 23> He sha11 kee P tlie seal of Mayoralty, and cause the same to be affixed to such instruments as the Mayor shall, from time to time, direct. roenottees or 24. He shall issue notices to the members of the Board 5tmgs> of Aldermen, and of the Board of Health, when directed by those Boards respectively, and to the members of the different committees of those Boards, and all persons whose attendance will be required before any such com- mittee, when directed by the chairman thereof. OP THE CLERK OP THE COMMON COUNCIL. 47 25. He shall, without delay, deliver to all officers of tr 2j mit 8l jj the Corporation, or of the Board of Health, and to all pers - committees of that Board, or of the Board of Aldermen, all resolutions and communications referred to those offi- cers or committees by those Boards respectively. 26. He shall, without delay, deliver to the Mayor all H shaii da- ordinances or resolutions under his charge, which may re- to the Mayor, quire to be approved or otherwise acted upon by the Mayor, with all papers on which the same were founded. 27. He shall, on the day succeeding the approval by J the Mayor of any ordinance or resolution, or on the day succeeding its return by the Mayor, without approval or Com P troUer - objection, by which the payment of any sum of money out of the public treasury is directed, deliver to the Comp- troller a certified copy of the same. 28. Ho shall receive and collect : Heshaii coi lect certain 1. All fees, profits, revenues and emoluments granted fees - by the charter to the Mayor, or which, by virtue of the charter, the Mayor is entitled to receive, except such fees and perquisites as the Mayor is legally entitled to. 2. All fees for licenses to owners and drivers of hackney coaches, carriages and accommodation stages, and to pawnbrokers, dealers in second-hand articles, keepers of junk shops and keepers of intel- ligence offices. 29. He shall enter in a book, to be provided for that purpose and kept in his office, open at all convenient times to public inspection, the names of all persons from whom he may receive money for the Corporation, the amounts received, and on what account, and when paid, and shall 48 OP THE CLERK OF THE COMMON COUNCIL. render an account thereof, under oath, item by item, to the Comptroller, on Thursday of each week, and shall there- upon pay over the amount, so received, to the Chamberlain. He shall, also, thereupon, receive from the Chamberlain a voucher for the payment thereof, which he shall forthwith, on the same day, exhibit to the Comptroller, and shall, at the same time, leave with him a copy thereof. rfSfaK 30 - There sna11 be a Deputy to the Clerk of the Board n- of Aldermen, who shall assist the Clerk of the Common Council in the performance of the duties of his office, and shall attend to such branches thereof as may be assigned to him by the Clerk, under his direction, and shall receive an annual salary of two thousand dollars. 31- ^ n case f a vacancy in the office of the Clerk of the Common Council, the Deputy Clerk of the Board of Aldermen shall act as clerk until the vacancy shall be filled by a new appointment, and until the person appointed shall be duly qualified. * 32. Before entering upon the duties of his office, the clerk shall 3 give bond. D e p U ty Clerk of the Board of Aldermen shall execute a bond to the Corporation, with one or more sufficient sure- ties, to be approved by the Comptroller in the penal sum of one thousand dollars, conditioned for the faithful per- formance of the duties of his office. 33 ' There s]ia11 be five Assistant Clerks in the office of the Clerk of the Common Council, to be denominated, respectively, the First, Second, Third, Fourth and Fifth Clerks, and who shall perform such duties as shall be as- signed to them by the Clerk, and under his direction; the First Clerk shall receive an annual salary of twelve hun- dred dollars ; the Second Clerk shall receive an annual salary of twelve hundred dollars; the Third Clerk shall re- OP THE CLERK OF THE BOARD OF COUNCILMEN. 49 ceive an annual salary of one thousand dollars; the Fourth Clerk shall receive an annual salary of one thousand dol- lars; the Fifth Clerk shall receive an annual salary of nine hundred dollars. 34. There shall be a Messenger and an Assistant Mes- senger to the Board of Aldermen, who shall serve all sub- poenas, notices, and all other official papers, which shall C1 be delivered to them for that purpose by the Clerk or under his direction, and shall be officially subject to the Clerk ; the Messenger shall receive an annual salary of nine hun- dred dollars ; the Assistant Messenger an annual salary of seven hundred and fifty dollars. There shall also be a Librarian and Engrossing Clerk, who shall have charge of the City Library, under the entire supervision of the Clerk of the Common Council, and who shall receive for his ser- vices an annual salary of nine hundred dollars. There shall also be an Engrossing Clerk, to engross the proceed- ings of the Board of Aldermen, who shall be paid for such service at the rate of eight cents per folio. 35. All the officers hereinbefore mentioned, except the or the ap- pointment & Clerk of the Board of Aldermen, shall be subject to ap- ^Se^mce pointment and removal, as provided in section 36 of the charter of 1857. ARTICLE III. OP THE CLERK OP THE BOARD OF COUNCILMEN, HIS DEPUTY AND ASSISTANTS. 36. The Board of Councilmen shall appoint a Clerk, ffis appo^t- ' ment and ro- who shall hold his office during the continuance of the moval - Board by which he is appointed, and until his successor shall be duly appointed and qualified. He may, however, at any time, be removed by that Board, and another Clerk 50 OP THE CLERK OF THE BOARD OF COUNCILMEN. be appointed in his stead, who shall hold his office during the unexpired term of the Clerk so removed. Sond - 37. Before entering upon the duties of his office, he shall execute a bond to the Corporation, with one or more sureties, to be approved by the Comptroller, in the penal sum of one thousand dollars, conditioned for the faithful performance of the duties of his office. H* duties. 38> He shall attend all the meetings of the Board of Councilmen, and shall keep the minutes thereof, proper records of which he shall cause to be made, copied and kept in his office, in books to be provided for that purpose. 39. He shall publish all ordinances and amendments of ordinances which shall be passed, and also the proceed- ings in the newspapers which may be employed by the Corporation, except such parts as may require secrecy; and whenever a vote shall be taken in the Board, upon the pas- sage of an ordinance which shall contemplate any specific improvement, or involve the sale, disposition or appropria- tion of public property, or the expenditure of public moneys, or income therefrom, or lay any tax or assessment, such ordinance shall, before the same shall be sent to the other Board, and immediately after the adjournment of the Board at which the same shall have been passed, be published, with the yeas and nays, and with the names of the persons voting for and against the same, in the newspapers employed by the Corporation, as part of the proceedings. m shaii is- & 40. He shall issue notices to the members of the Board sue notices of meetings. O f Couucilmen, when directed by the Board, and to the members of the different Committees of the Board, and all persons whose attendance will be required before any such Committee, when directed by the chairman, or a majority thereof. OF THE CLERK OP THE BOARD OF COUNCILMEN. 51 41. He shall, in all cases, when required by the Chair- fy persons to man. or a majority of any Committee of the Board of attend meet- J J ings of Com- Councilmen, issue, and cause to be served upon persons mittee3 - whose attendance may be required before such Committee, subpoanas, as provided by the law of the state, passed February 8, 1855, accompanied with the usual fee of twenty- five cents, and shall be entitled to reimbursement therefor by the Comptroller upon a certificate thereof. 42. He shall, without delay, deliver to all officers of He shaii transmit pa- the Corporation, and to all Committees of the Board of pera, &c. Councilmen, all resolutions, communications and other official papers referred to those officers or Committees re- spectively, by that Board. 43. He shall, without delay, deliver to the Mayor all He snaii - J ' J liver papers ordinances and resolutions passed by the Board of Alder- to the Mayor. men, and concurred in by the Board of Councilmen, which may require to be approved, or otherwise acted upon by the Mayor, with all papers on which the same were founded. 44. There shall be a Deputy to the Clerk of the Board The Deputy of Councilmen, who shall perform such duties in the office and attend to such branches thereof, as may be assigned to him by the Clerk, and under his direction, who shall re- ceive for his services an annual salary of twelve hundred dollars. 45. In case of a vacancy in the office of Clerk of the The powers J of the Depu- Board of Councilmen, the Deputy Clerk shall act as Clerk tycierk. until the vacancy shall be filled by a new appointment, and until the person appointed shall be duly qualified. 46. There shall be an Assistant Clerk in the office of the Clerk of the Board of Councilmen, who shall perform such duties as shall be assigned to him by the Clerk, and 52 OP CERTAIN OFFICERS OF THE COMMON COUNCIL. under his direction, who shall receive for his services an annual salary of one thousand dollars. Engrossing^ 47. There shall also be an Engrossing Clerk, to engross Clerk* the proceedings of the Board of Councilmen, and to per- form such other duties as he may be directed by the Clerk of this Board, who shall be paid for such services the sum of nine hundred dollars per annum. Messenger. 48. There shall be a Messenger to the Clerk of the Board of Councilmen, who shall serve all subpoenas, noti- ces and other official papers, which shall be delivered to him for that purpose by the Clerk, who shall be officially subject to the Clerk, and shall perform such other business as shall be assigned to him in the general care of the office, and who shall receive for his services an annual salary of nine hundred dollars. Assistant 49. There shall be an Assistant to the Messenger, who Messenger. shall aid and assist the Messenger in the general dis- charge of his duty, and who shall receive for his services an annual salary of five hundred dollars. 5 ' A11 the offi cers of the Councilmen hereinbefore mentioned, except the Clerk of the Board of Councilmen, shall be subject to appointment and removal, as provided in section 36 of the charter of 1857. ARTICLE IV. OP THE OTHER OFFICERS OF THE COMMON COUNCIL. Readers. 51. A Eeader to each Board shall be appointed by the President thereof, and shall hold his office during the plea- sure of the President by whom he is appointed, and shall receive, annually, five hundred dollars each. OP CERTAIN OFFICERS OF THE COMMON COUNCIL. 53 52. The Reader of each Board shall aid the President Duties of Rea- ders. in reading the various ordinances, resolutions, communica- tions and reports which shall come before the Board. 53. Each Board shall appoint a Sergeant-at-arms, who Jg g eant3 ' at - shall hold his office during the continuance of the Board by which he is appointed, and until his successor shall be duly appointed and qualified. He may, however, at any time be removed by the Board appointing him, and an- other Sergeant-at-arms be appointed in his stead, who shall hold his office during the unexpired term of the one so removed. 54. The Sergeant-at-arms of each Board shall attend Duties <* Sergeants -at- all the meetings of the Board, and shall execute all lawful arm3 - orders directed to him by the Board, or the President thereof, and they shall receive annually for their services eight hundred dollars each. 55. The Board of Councilmen shall appoint a Door keeper, who shall hold his office during the pleasure of that men Board. 54 CHAPTER III. OF THE DEPARTMENT OF FINANCE. ARTICLE I. OF THE DEPARTMENT OF FINANCE AND ITS BUREAUX GENERALLY. II. OF THE COMPTROLLER. III. OF THE DEPUTY COMPTROLLER. IV. OF THE CLERKS IN THE OFFICE OF THE COMPTROLLER. Y. OF THE BUREAU OF CITY REVENUE. YI. OF THE BUREAU OF RECEIVER OF TAXES. VII. OF THE BUREAU OF CLERK OF ARREARS. VIII. OF THE BUREAU OF DEPOSIT AND DIS- BURSEMENT. IX. OF THE AUDITING BUREAU. ARTICLE I. OF THE DEPARTMENT OF FINANCE AND ITS BUREAUX GENERALLY. Department of Finance shall have control Department. Q f ^ ^ Q gca } concerns O f the Corporation, and shall prescribe the forms of keeping and rendering all city ac- counts, not inconsistent with this ordinance; and all ac- counts rendered to or kept in the several departments of the city government, shall be subject to the inspection and revision of the officers of this department. aid. 2. It shall also settle and adjust all claims by the Corporation or against them, and all accounts in which the Corporation is concerned, either as debtor or creditor not otherwise provided for by law. OP THE DEPARTMENT OP FINANCE. 55 3. There shall be five bureaux in the Department of Bareaux - Finance : 1. A bureau for the collection of the revenue ac- cruing from rents and interest on bonds and mort- gages, and for the collection of all revenues arising from the use or sale of property belonging to, or managed by, the city, and for the performance of such duties as may be directed by the Common Coun- cil, the chief officer of which shall be called the ' Collector of City Revenue." 2. A bureau for the collection of taxes; the chief officer thereof shall be called the " Receiver of Taxes," who shall have all the powers and perform all the duties now prescribed by law for the Receiver of Taxes. 3. A bureau for the collection of arrears of taxes, arrears of assessments and arrears of water rents, the chief officer of which shall be called the " Clerk of Arrears." 4. A bureau for the reception of all moneys paid into the treasury of the city, and for the payment of moneys on warrants drawn by the Comptroller, and countersigned by the Mayor and Clerk of the Common Council; and the chief officer thereof shall be called the " Chamberlain of the city of New York." 5. A bureau, to be called the " Auditing Bureau; " the chief officer thereof shall be called the " Auditor of Accounts." 56 OF THE DEPARTMENT OP FINANCE. ARTICLE II. OF THE COMPTROLLER. The comp- 4. The chief officer of the Department of Finance {roller and his salary, shall be called the Comptroller of the city of New York, who shall be paid monthly for his services at the rate of five thousand dollars per annum. Smpt?o f ue?. e 5 - Before entering upon the duties of his office, the Comptroller shall execute to the Corporation a bond, with at least two sufficient sureties, to be approved by the Mayor, and filed in the Mayor's office, in the penal sum of twenty thousand dollars, conditioned for the faith- ful performance of the duties of his office. comptrollers 6. The Comptroller shall superintend the fiscal con- cerns of the Corporation, and manage the same in the manner required by the charter of the city, and the various acts amending the same, by the laws of this state, and by the ordinances or resolutions of the Common Council, not inconsistent with this ordinance. ibid. 7. He shall, from time to time, and as often as he may deem necessary, suggest to the Common Council plans for the improvement and management of the city revenue. ibid. 8. He shall superintend all the real estate of the Corporation, and report to the Common Council all en- croachments thereon. ibid. 9. He shall keep and file in his office all title deeds, leases, mortgages, or other assurances of title, and all evidences of debt, contracts, bonds of indemnity, and official bonds, except such as are directed, by this ordi- nance, to be deposited elsewhere. OP THE DEPARTMENT OP FINANCE. 57 1.0. He shall cause all grants, leases and counterparts comptrollers of leases or deeds, executed by the Corporation, to be re- corded in proper books, to be kept in his office. 11. He shall cause a proper map or survey of all iwd. lands or premises granted, conveyed or leased by the Corporation, to be annexed to the grant, deed or lease thereof, and to be therein referred to, before the execu- tion thereof. 12. He shall cause a proper map or survey of all md - lands or premises, ceded, granted, conveyed or leased to the Corporation, to be annexed to the cession, grant, deed, or lease thereof, and to be therein referred to before execution or acceptance thereof. 13. He shall direct and superintend the collection of ibid. all rents, or other moneys due to the Corporation, and at least once in each month, furnish to the Collector of the City Kevenue, accurate accounts of all such rents or moneys as shall remain unpaid. 14. He shall revise, audit and settle all accounts in ^id. which the Corporation is concerned, either as debtor or creditor, where provision for the settlement thereof is not otherwise provided for by law, and the settlement of which is not especially committed by ordinance to some other authority; and where no such provision, or an in- sufficient provision has been made, he shall examine such accounts, and report to the Common Council the facts re- lating thereto, with his opinion thereon. 15. He shall draw and sign all warrants on the Cham- ibid, berlain, for moneys which he is authorized to draw from the treasury, and present the same with the vouchers to the Mayor, to be countersigned by him and the Clerk of 5 58 OF THE DEPARTMENT OF FINANCE. the Common Council, respectively. But no such warrant shall be drawn, unless the sum specified therein is embraced in an appropriation previously made for that purpose by the Common Council. comptroller * 16. He shall supervise the fiscal concerns of all de- partments, bureaux and officers of the Corporation, who shall receive or disburse the public moneys, or who are charged with the management or custody thereof; and may require, at any time, from those departments, bureaux or officers, an account, in writing, of any moneys or property of the Corporation in their hands or under their control. aid. 17, He shall report to the Common Council imme- diately upon its discovery, any default or delinquency in any of the departments, bureaux or offices of the Corpo- ration, in respect to the matters mentioned in the last section. 18. He shall compare the quarterly accounts of the Chamberlain with the vouchers relating to the same, and with the books of the department, and report those ac- counts, with such information in respect thereto as may be proper, to the Common Council, or to either Board thereof, at its next meeting. IW id - every case in which an appropriation is exhausted, the ob- ject of which is not completed, and accompany such report with a statement of the moneys which have been drawn on such appropriation, the particular purposes for which they were drawn, and the cause of the deficiency, and an esti- mate of the amount that will be necessary to complete the object of the appropriation. 23. He shall publish, in the newspapers employed by n***- the Common Council, two months before the annual elec- tion of charter officers, in each year, for the general in- formation of the citizens of the city of New York, a full and detailed statement, setting forth : 1. The receipts and expenditures of the Corporation during the preceding year, and the different sources of the city revenue, and the amount received from each. 2. The several appropriations made by the Com- mon Council, the objects for which they were made, and the amount of moneys expended under each ap- propriation. 60 OP THE DEPARTMENT OP FINANCE. 3. The moneys borrowed on the credit of the Cor- poration, the authority for each loan, and the terms upon which it was obtained. dual? 011 24. He shall direct legal proceedings to be taken, when necessary, to enforce payment of rents or other debts due to the Corporation, or to obtain possession of premises to which the Corporation is entitled. 25. He shall, as often as the state of the Sinking Fund shall render it necessary, advertise and sell at auction or private sale, as in his judgment may be most expedient, the water lot quit-rents belonging to the Corporation, in such parcels, and on such terms, as the Common Council or the Commissioners of the Sinking Fund may prescribe, and cause proper conveyances to be executed to the pur- chasers; the avails of which shall be deposited in the treasury to the credit of the Sinking Fund. Ibid ' 26. He may consent, in the name and on behalf of the Corporation, that the lessee or assignee of a lease made by the Corporation, may assign the same, or underlet the demised premises, where provision is made by the lease that it shall not be assigned, or the premises underlet, without the consent of the Corporation; but he shall not so consent, unless all arrears of rent, and all taxes or as- sessments upon the premises be paid. K>tf. 27. When provision shall be made by a lease, to which the Corporation is a party, or in which it is interested, that appraisers on behalf of the Corporation to determine the rent on renewal of the lease or the value of buildings to be paid for on the expiration thereof, shall be appointed; the appraiser or appraisers on the part of the Corporation may be appointed by the Mayor and the Comptroller. tbid. 28. The Comptroller may accept the cession of streets OP THE DEPARTMENT OF FINANCE. f)l or avenues, or parts thereof, not ceded or opened, on re- ceiving a sufficient conveyance thereof to the Corporation, with a map of the ceded premises annexed thereto, and a certificate of the Counsel to the Corporation, approving the same. But, in all cases, the expense of the cession must be paid by the party by whom it is made. 29. When several lots or parcels of land belonging- to comptrollers r duties. different persons, are assessed for taxes in one parcel, the Comptroller may make the proper apportionment of the tax among the different owners, or may, in cases of diffi- culty, report the facts to the Common Council, to the end that the apportionment may be made by them. 30. The Comptroller shall preserve, in a book to be n>id. kept in his office for that purpose, to be called the Eecord of Quit-rents, maps of all grants of land, now or hereafter made by the Corporation, on which quit-rents are paya- ble, showing the original grants, and the subdivisions of the same, as near as they can be ascertained. 31. He shall enter, in the record of quit-rents, imme- Ibid - diately following each map, the names of the owners of the different lots described thereon, with the portion of the quit-rent to which each is subject ; and he may receive the sums proportionably due from each owner in payment of his portion of the moneys payable under the original grant, as the same shall, from time to time, become payable. 32. He shall, on receiving written notice from the n>ia. grantee of the Corporation, or his assignee, of the sale of any portion of land subject to quit-rent, enter in the record of quit-rents the name of the purchaser, with the date of the sale, and the portion of the land sold; and he may thereafter receive the sum proportionably due from such purchaser, in payment of his portion of the moneys paya- 62 OF THE DEPARTMENT OF FINANCE. ble under the original grant, as the same shall, from time to time, become payable. cause to be inserted, in all grants of land subject to a quit-rent, a covenant requiring the gran- tee or his legal representatives, when he or they shall sell the whole or a portion of the land granted, to give to the Comptroller a written notice of the sale, within thirty days after it is made, specifying therein the name of the purchaser, the quantity and location of the land sold, the amount of quit-rent to be paid thereon, and the day of the sale. 34. Upon receiving the notice mentioned in the last section, the Comptroller shall enter the same in the record of quit-rents, and from that time he may receive from the owner of the lot or parcel mentioned in the notice, or his legal representatives, the sum proportionably due from him in payment of his proportion of the moneys payable under the original grant. ttld * 35. When land, heretofore granted by the Corpora- tion, subject to a quit-rent, portions of which have been assigned by the grantee, shall be re-entered by the Corpo- ration for non-payment of the quit-rent, the Comptroller may grant releases in severalty to such of the assignees of portions of the land granted, as shall, within six months from the re-entry, pay their respective apportionments of commutation money, and the expenses of re-entry and con- veyance, with such portions of the rent as may be justly due from the respective assignees for the land held by them, and which shall be apportioned by the Comptroller. 36. The releases and apportionments mentioned in the last section, shall not, however, be granted or made, un- less the assignee, requiring the same, or his legal repre- OP THE DEPARTMENT OF FINANCE. 63 sentatives, shall comply with the terms and conditions pre- scribed in that section, within thirty days after notice from the Comptroller requiring such compliance. 37. The Comptroller may, from time to time, with the sanction of the Common Council, borrow on the credit of the Corporation, in anticipation of its revenues, such sum or sums, not exceeding in the whole the amount of such revenues, as may be necessary to meet expenditures under appropriations for the current year. 38. Every loan to be effected, as authorized by the last section, shall be secured by the bonds of the Corpo- ration, payable in not exceeding one year, in such sums as the Comptroller may deem proper, which shall be signed by the Comptroller, countersigned by the Mayor, and sealed with the common seal. 39. If the Comptroller shall become disqualified from vacancy m office of comp performing the duties of his office, or shall be absent from troUer - or resign the same, the Mayor shall appoint a suitable person to perform the duties during such disqualification or vacancy, subject to confirmation by the Board of Al- dermen . ARTICLE III. OF THE DEPUTY COMPTROLLER. 40. There shall be an officer in the Department of De P Qt y Comptroller Finance, who shall be called the Deputy Comptroller of and salary, the city of New York, who shall be paid monthly for his services at the rate of two thousand five hundred dollars per annum, $41. The Deputy Comptroller shall, before en terms: Bond of De- & puty Comp- .upon the duties of his office, execute a bond to the Cor- troll e r poration, with one or more sureties, to be approved by the 4 OP THE DEPARTMENT OP FINANCE. Comptroller, in the penal sum of ten thousand dollars, conditioned for the faithful performance of the duties of his office. Dut DepS[ y the 42. He shall assist the Comptroller in the performance comptroller. Q ^ Q duties appertaining to his office, and shall be com- petent, under the direction and by the authority of the Comptroller, to perform any of the duties assigned to the Comptroller, except to sign warrants on the Chamberlain. And in case of the absence of the Comptroller, by reason of sickness or other cause, from the office for more than one day at any one time, the Deputy Comptroller shall act as Comptroller, in all matters not inconsistent with the charter, during such absence; and in case of vacancy in the office of Comptroller, the Deputy shall act as Comptroller until the vacancy shall be supplied, as provided by section twenty of the act entitled " An act to amend the charter of the city of New York," passed April 14, 1857. ARTICLE IY. OF THE CLERKS IN THE OFFICE OF THE COMPTROLLER. clerks in De- 43. There shall be sixteen clerks in the Department of Finance. Finance, to be denominated respectively the Book-keeper, two Assistant Book-keepers, the Stock Clerk, the First Auditor, the Second Auditor, the Redemption Clerk, the Assistant Auditor, the Clerk to the Comptroller, and seven general clerks. There shall likewise be two Messengers* in said office. Duties of 44. The Book-keeper shall, under the direction of the r Deputy Comptroller, keep a regular set of books by double entry, in which shall be opened and kept as many accounts, under appropriate titles, as may be necessary to show distinctly and separately all the receipts and ex- penditures of the Corporation; all debts due to and by the OP THE DEPARTMENT OF FINANCE. 6& Corporation, and all appropriations made by the Common Council, and the sums expended under the same respect- ively, and shall perform such other duties as may be di- rected by the Comptroller. The Assistant Book-keepers under the direction of the ^ues^ami Comptroller shall perform such services as may be required in the Department of Finance, or in any bureaux connected with said department. They shall each receive for their services twelve hundred dollars per annum. 45. The Stock Clerk shall, under the direction of the Comptroller, have charge of the various stocks and loans of the Corporation; prepare certificates for all new stocks or loans, and all transfers of stocks; make out the quar- terly and semi-annual dividends on all stocks and loans; receive all temporary loans, and prepare bonds for the payment thereof; prepare warrants for the payment of all stocks and loans falling due, and enter in books, to be pro- vided for that purpose, the certificates, transfers, pay- ments and bonds mentioned in this section, and shall per- form such other duties as may be directed by the Comp- troller. 46 . The First Auditor shall audit and prepare war- Duties otrirst rants for the payment of all bills presented for payment on city account, including the salaries of officers of the Corporation, and enter the same in books provided for that purpose, and shall perform such other duties as may be directed by the Comptroller. $ 47. The Second Auditor shall audit and prepare war- Duties of sec^ ond Auditoiu. rants for the payment of all claims on trust account, and enter the same in books provided for that purpose, dis- tributing the various accounts under appropriate heads, and shall also have charge of and keep the books of ac- OF THE DEPARTMENT OF FINANCE. count of the Commissioners of the Sinking Fund, and shall perform such other duties as may be directed by the Comptroller. 48. The Kedeinption Clerk shall prepare lists of pro- perty liable to be sold for unpaid taxes, assessments and Croton water rents, and shall enter the same in books to be provided for that purpose, and shall perform such other duties as may be directed by the Comptroller. Duties of AS- 649. The Assistant Auditor shall have charge of, and sistant Audi- tor- make all entries in the proper books, showing the receipts and expenditures in relation to assessments for opening, regulating and paving streets, building and repairing wharves and piers, digging and building wells, construct- ing public roads, when done by assessment, and filling up sunken lots under ordinances of the Common Council. He shall also have charge of the books in reference to in- testate estates, and shall file all returns, documents and vouchers appertaining to the Department of Finance, and shall perform such other duties as may be directed by the Comptroller. Duties of 50. The Clerk to the Comptroller shall enter, in a comptroller, book to to be provided for that purpose, and kept in the Comptroller's office, all deeds, leases and mortgages of real estate in which the Corporation is interested. aid - 51. He shall also enter in books provided for that purpose, all resolutions of the Common Council and of the Board of Health, and Board of Supervisors, relating to the Department of Finance, the official correspondence of the department, and all contracts or other documents ap- pertaining thereto, and shall perform such other duties as may be directed by the Comptroller. 52. The Clerk to the Comptroller shall be paid OF THE DEPARTMENT OF FINANCE. 67 monthly for his services at the rate of two thousand dol- lars per annum. 53. The General Clerks shall perform such services SS appertaining to the Department of Finance, or in any ra bureaux connected therewith, as may be required by the Comptroller. The seven General Clerks shall receive for their services the following compensation, five at one thou- sand dollars each per annum, and two at eight hundred dollars per annum. 54. The two Messengers shall perform such duties as may be required by the Comptroller, and shall receive sen 8 ers - seven hundred dollars per annum for their services. ARTICLE V. OF THE BUREAU OF CITY REVENUE. 55. This bureau, the chief officer of which shall be g;^/ called the Collector of City Revenue, is charged with the Burcau - duty of collecting all moneys accruing to the Corporation for rents, market fees, interest and principal on bonds and mortgages; and all revenues arising from the use or sale of manure, and of property belonging to, or managed by, the city, and all other debts due to the Corporation, which may be placed in his hands by the Comptroller, and for the performance of such other duties as may be directed by the Common Council. 56. The Collector of the City Revenue shall, before g^ t f r entering upon the duties of his office, execute a bond to the Corporation, with one or more sureties, to be ap- proved by the Comptroller, in the penal sum of fifteen thousand dollars, conditioned for the faithful performance of the duties of his office. 68 OF THE DEPARTMENT OF FINANCE. c!o c r s of f cny ^' He sl[iQjl1 enter in a book ' to be P r v ided for that revenue. purpose, and kept in the office of the Comptroller, open at all convenient times to public inspection, the names of all persons from whom he may receive money for the Cor- poration; the amounts received, and on what account, and when paid; and shall daily render an account thereof under oath, item by item, to the Comptroller, and shall thereupon daily pay over the amount so received to the Chamberlain. He shall also thereupon receive, from the Chamberlain, a voucher for the payment thereof, which he shall, on the same day, exhibit to the Comptroller, and shall, at the same time, leave with him a copy thereof. 58. He shall report to the Comptroller, all cases in which he shall be unable to collect a debt due to the Cor- poration, with the reason thereof, to the end that proper measures may be directed by the Comptroller in ascer- taining the fair rent of property belonging to the Corpo- ration, and in renting the same. ibid. 59. He shall attend daily at the office of the Comp- troller, from eleven o'clock in the forenoon to one o'clock in the afternoon, for the purpose of performing such duties as are incident to his office. compensa- 60. The Collector of City Revenue shall receive monthly, three quarters of one per cent, upon all moneys received or collected by him, by virtue of the authority contained in this ordinance, in full, for all services per- formed by him. ?nt p ofMarket 61 * Tnere sna11 be in tne Bureau for the Collection of dutos* Jtary the City Revenue, an officer to be styled " the Superin- andbond. . t endent of Market Rents and Fees," and for the sale of manure and for the collection of the revenue arising from the sale of manure, whose duty it shall be to grant per- OP THE DEPARTMENT OP FINANCE. 69 mits for stands, and also of transferring butcher's stalls within the limits of the several public markets, with power at any time to annul such permits, and also for the sale of manure, and for collecting the revenues arising from the sale of manure, who shall receive annually for his ser- vices, the sum of two thousand dollars. Said Superin- tendent of Market Rents and Fees shall, before entering on the duties of office, execute a bond to the Corporation with surety to be approved by the Comptroller, in tlie penal sum of five thousand dollars, conditioned for the faithful performance of the duties of his office. 62. The said Superintendent shall have power to fix ^Jg^ and determine the rents and fees of all persons holding Rents&Fees> or occupying streets, sheds or stands in the public mar- kets or within the limits of said markets, and also the fees to be charged for the market wagons or vehicles bringing produce thereto. He shall also sell all the ma- nure and collect the revenue arising from such sale or sales, and pay over the proceeds to the Collector of the City Revenue. 63. Said Superintendent shall also appoint competent inspector of persons to act as inspectors of manure, whose duty it shall be to attend at the various dumping grounds, or at such place or places as said Superintendent shall direct, who shall each receive a compensation of three dollars per day, for such service. 64. There shall be one clerk in this bureau, to be^^gjj called the Clerk to the Collector of City Revenue, who Reyenue - shall keep the accounts of this bureau, and prepare such papers and perform such other duties appertaining thereto, as shall be directed by the Collector of City Revenue, and he shall receive annually for his services twelve hun- dred dollars, payable monthly. 70 OF THE DEPARTMENT OF FINANCE. ciSk f the ^* Before entering upon the duties of his office, the Clerk to the Collector of the City Revenue shall execute a bond to the Corporation, with one or more sureties, to be approved by the Comptroller, in the penal sum of five thousand dollars, conditioned for the faithful performance of the duties of his office. 66. There shall be in this bureau, six assistants to the Collector of City Revenue, who shall be called Deputy Collectors of City Revenue; they shall collect daily the market fees and rents as fixed by the Superintendent of Market Rents and Fees, which shall become due in the respective markets, and shall, on Thursday in each week, render an account thereof, under oath, containing the amounts received, and when paid, and shall thereupon pay over the amount so received to the Collector of the City Revenue, and shall generally perform such other duties as may be directed by the Collector of City Reve- nue; they shall also respectively receive from the Collector of City Revenue, a voucher for the payment thereof, which they shall forthwith, on the same day, exhibit to the Comptroller, and shall, at the same time, leave with him a copy thereof; the Deputy Collectors shall receive an annual salary of one thousand dollars, excepting the Deputy Col- lectors of Washington and Fulton markets, who shall re- ceive an annual salary of one thousand two hundred dol- lars each. 67. There shall be two additional Deputy Collectors of City Revenue, who shall perform all the duties now prescribed by ordinance of the Common Council, and shall each receive the sum of twelve hundred dollars per annum for their services. . 68. The Deputy Collectors of City Revenue, shall re- spectively, before entering upon the duties of their office, OF THE DEPARTMENT OP FINANCE. 71 execute a bond to the Corporation, with one or more sureties, to be approved by the Comptroller, in the penal sum of two thousand dollars. ARTICLE VI. OF THE BUREAU OF RECEIVER OF TAXES. 69. The provisions of the act of April 18, 1843, for the ? a Tef r f collection of taxes in the city of New York, and of the several acts amending the same, shall apply to and govern the Bureau of Taxes, and the officers thereby created shall continue to be the officers of this bureau. 70. The office for the collection of taxes, in the city of J c t e where New York, heretofore established by the Common Coun- cil, in pursuance of the acts mentioned in the last section, shall continue to be kept in the City Hall. 71. There shall be six Clerks in this bureau, who shall aerks - respectively be known as the First, Second, Third, Fourth, Fifth and Sixth Clerks to the Receiver of Taxes, and shall perform such services as may be assigned them respectively by the Receiver of Taxes. 72. The Receiver of Taxes may, with the consent the Common Council, from time to time, appoint as many additional Clerks as may be necessary, not exceeding eight, and for a period not exceeding six months from the date of such appointment, at a rate of compensation not exceed- ing three dollars for each day. 73. There shall be an officer in this bureau, to be Messenger. called the Messenger to the Receiver of Taxes, who shall serve the notices required by law, and perform such other duties as may be directed by the Receiver of Taxes. 72 OF THE DEPARTMENT OP FINANCE. ARTICLE VII. THE BUREAU OF CLERK OF ARREARS. cier?ofV 74 ' This bureau > the chief omcer of which shall be called the Clerk of Arrears, is charged with the duty of collecting all arrears due to the city for taxes on real estate, and assessments on the same, and for "regular rents " of Croton water, which have been returned to him, and for redemption of property sold or leased for any arrears on the same. Bond - 75. The Clerk of Arrears, before entering upon the duties of his office, shall execute a bond to the Corpora- tion, with at least two sureties, to be approved by the Comptroller and filed in his office, in the penal sum of twenty thousand dollars, conditioned for the faithful per- formance of the duties of his office. Duties of 76. He shall enter in a book, to be provided for that Clerk of Ar- rears, purpose, and open at all convenient times to the public inspection, the names of all persons from whom he may receive money for the Corporation; the amounts received, on what specific account, and when paid, and shall daily deposit the same with the Chamberlain. He shall, once in each week, distribute the moneys received by him to the several appropriate accounts, and rend'er a statement thereof, under oath, to the Comptroller, and leave with him a copy of the receipt of the Chamberlain therefor. ibid. 77. He shall keep in his office, an exhibit of all taxes on real estate, and of regular rents of Croton water which have been added thereto, remaining unpaid, which have been returned to him, on the first day of June, in each year; also, of all arrears unpaid, of every assessment which has been due twelve months or over, and returned to him. OF THE DEPARTMENT OP FINANCE. 78. He shall keep a record of the titles of assessments ^ confirmed, with the date of confirmation, and date of entry, rear8 - as the same may be returned to him by the Street Com- missioner. 79. He shall perform all the duties heretofore re- in- quired by law to be performed by the Street Commissioner and Comptroller, in relation to advertising, selling and leasing for assessments, taxes and " regular rents " of Croton water, and the redemption of property sold there- for, under the direction of the Comptroller. 80. There shall be five clerks in the Bureau of Arrears, cierks inBu- and shall respectively be known as the First, Second, Third, rears. Fourth and Fifth Assistant Clerks; and shall perform such duties in the office as may be required by the Clerk of Arrears or the Comptroller. There shall also be a Mes. senger, who shall perform such duties as the Clerk of Arrears shall designate. 81. Each of the Assistant Clerks shall give bond to the Corporation, in the penal sum of five thousand dollars, with two sufficient sureties, to be approved by the Comp- troller, for the faithful performance of their duties. 82. The compensation of the Clerk of Arrears, the Assistant Clerks and the Messenger in the Bureau of Ar- rears, shall be respectively at the rates following, viz: Clerk of Arrears, two thousand dollars per annum; First and Second Assistant Clerks, twelve hundred dollars per annum; Third, Fourth and Fifth Assistant Clerks, each one thousand dollars per annum; and Messenger, eight hundred dollars per annum. 83. There shall be paid to, and collected by, the Clerk of Arrears, for the benefit of the city treasury, on his fur- 74 OF THE DEPARTMENT OF FINANCE. nishing a bill of arrears, or making searches upon a requi- sition for searches on each lot or piece of property men- tioned or referred to therein; in respect to Croton water rents, fifty cents; in respect to taxes, fifty cents; in respect to assessments, fifty cents, and for his certificate upon any such bill or search, when requested, ten cents. 8er?a? AT- 84. All bills for arrears of assessments, taxes and " regular rents " for Croton water, and for redemption and all certificates of the Clerk of Arrears, that no liens remain on any lot for which search has been required, shall be copied, before delivery, into a diary to be kept for that purpose, which copy, after having been compared with the original, by the Clerk of Arrears, shall be signed, respectively, by the Clerk making the search, the Clerk of Arrears and the Comptroller. ARTICLE VIII. OF THE BUREAU OF DEPOSIT AND DISBURSEMENT. chamberlain 85 This Bureau, tue cnief officer of which shall be called the Chamberlain of the City of New York, is charged with the duty of receiving moneys paid into the treasury of the city, and the payment of moneys therefrom. Bond of & 86. Before entering upon the duties of his office, the Chamberlain Chamberlain shall execute a bond to the Corporation, with one or more sureties, to be approved by the Comp- troller, in the penal sum of two hundred thousand dollars, conditioned for the faithful performance of the duties of his office. 87. The Chamberlain shall forthwith deposit all mo- neys which he may, from time to time, receive, in one or more of the banks in the city of New York, and credit the same to the appropriate accounts, and the various ap- propriations. OF THE DEPARTMENT OP FINANCE. 75 88. He shall, on Thursday in each week, report to the ^ties of Chamberlain Comptroller the amount deposited by him, as required by the last section; the persons respectively, from whom it was received, and on what account, and the bank or banks in which it is deposited, and to what account credited. 89. He shall, on the first Monday in January, April, n TMg fc ureaUj the CQ j e f officer Q f called "Auditor of Accounts," is charged with the duty of revising, auditing and settling all accounts in which the city is concerned, as debtor or creditor; and the Auditor of Accounts shall keep an account of each claim for or against 1 the Corporation, and the sums allowed upon each, and certify the same, with reasons therefor, to the Comptroller. Ibld - 94. He shall, once in ninety days, make out a list of the names, and his decision on each claim referred to in the preceding section, to accompany the report to the Common Council, which the Comptroller is required to make, with his final action thereon. Ti>w- 95. He shall prepare warrants on the treasury, as pro- vided by this ordinance; and, after obtaining the approval of the Comptroller to the audit of the claim, and his signa- ture to the warrant, shall cause the same to be presented, with the vouchers, to the Mayor and Clerk, for their signatures, respectively. 96 - Tnere sna U k e two Assistant Auditors, who shall perform the duties prescribed by the next section of these ordinances, in relation to the Finance Department, and OF THE DEPARTMENT OF FINANCE. 77 such other services as may be required of them, as assist- ants to the Auditor of Accounts. 97. The Assistant Auditors shall have charge of, and make all entries in the proper books, showing the receipts duties and expenditures in relation to assessments for opening, regulating and paving streets, building and repairing wharves and piers, digging and building wells, construct- ing public roads, when done by assessment, and filling up. sunken lots, under ordinances of the Common Council. They shall also have charge of the books in reference to intestate estates, and shall file all returns, documents and vouchers appertaining to the Department of Finance, and shall perform such other duties as may be directed by the Comptroller. 78 OP THE STREET DEPARTMENT. CHAPTER IV. OF THE STREET DEPARTMENT. ARTICLE I. OF THE STREET DEPARTMENT AND ITS BUREAUX GENERALLY. II. OF THE STREET COMMISSIONER. III. OF THE DEPUTY STREET COMMISSIONER, IV. OF THE CLERKS IN THE OFFICE OF THE STREET COMMISSIONER. V. OF THE BUREAU OF STREET IMPROVEMENTS. VI. OF THE BUREAU OF WHARVES. VII. OF THE BUREAU OF EOADS. VIII. OF THE BUREAU OF LANDS AND PLACES. IX. OF THE BUREAU OF LAMPS AND G-AS. X. OF THE BUREAU OF KEPAIRS AND SUPPLIES. XI. OF THE DEPUTY SUPERINTENDENT OF REPAIRS AND SUPPLIES. XII. OF THE BUREAU OF THE CHIEF ENGINEER OF THE FIRE DEPARTMENT. XIII. OF THE BUREAU OF COLLECTION OF ASSESS- MENTS. XIV. OF SURVEYING. ARTICLE I. OF THE STREET DEPARTMENT AND ITS BUREAUX GENERALLY. nfzances C of ^* ^ ne Street Department shall have cognizance of opening, altering, regulating, grading, flagging, curbing, guttering and lighting streets, roads, places and avenues; of building, repairing and lighting wharves and piers, and filling up and cleaning out slips and basins; the construc- tion and repairing of public roads; the care and improve- ment of public lands and places; the filling up of sunken OP THE STREET DEPARTMENT. 79 lots; the construction, repairing, lighting and care of the buildings, offices, rooms and public yards of the Corpora- tion; the supplying the public buildings and offices and rooms of the Corporation, the court-rooms for which sup- plies are furnished by the Corporation, the police station- houses, the engine and other houses of the Fire Depart- ment, and the public markets, with fuel, stationery, printing and all other things necessary therefor; the construction, altering and repairing of fire engines, hose, and all other machines and apparatus for the use of the Fire Department; the removing incumbrances from streets, roads, places, wharves, piers and slips; the doing and furnishing of all other necessary work, repairs and supplies not provided for in other departments; and the collecting of all assess- ments. 2. There shall be eight bureaux in the Street Depart- Bureaux, ment, viz : 1. A bureau for opening, altering, regulating, grading, flagging, curbing and guttering streets, roads, places and avenues, and for filling up sunken lots, to be called the "Bureau of Street Improvements." 2. A bureau for the construction, repairing .and care of the public wharves and piers, and the filling up and clearing out of slips and basins, to be called the " Bureau of Wharves." 3. A bureau for making and repairing the public roads, to be called the " Bureau of Roads." 4. A bureau for the care and regulation of the public grounds and parks, to be called the " Bureau of Lands and Places." 5. A bureau for lighting the public streets, roads, pla- ces, avenues, wharves, piers and markets, and for 80 OP THE STREET DEPARTMENT. doing all work, and procuring all supplies and fixtures necessary for that purpose, to be called the " Bureau of Lamps and Gas." 6. A bureau for constructing and repairing public build- ings, and for procuring all necessary supplies for the Corporation, to be called the "Bureau of" Repairs and Supplies." 7. A bureau for repairing fire engines and fire appa- ratus, under the charge of the Chief Engineer of the Fire Department, and for the construction of all new fire engines and fire apparatus, to be called the " Bureau of the Chief Engineer of the Fire Department." 8. A bureau for the collection of assessments, to be called the " Bureau of the Collection of Assess- ments." ARTICLE II. OP THE STREET COMMISSIONER. " 3 - The cllief ome r of the Street Department, unless such work or supplies pa shall have been authorized by the Common Council, except that whenever any such work or supplies shall be neces- sary, and the total cost thereof shall not, in any one case, exceed two hundred and fifty dollars, the Street Com- missioner may cause the same to be done, or furnished, under the supervision of the appropriate officer of the department; but no such expenditure shall be made, with- out the written order of the Street Commissioner, and a certificate by him, of the necessity thereof, in each case; and a copy of all such orders and certificates shall be filed in the office of the Street Commissioner, and of the bureau by which the expenditure is made. A detailed statement . of all such expenditures shall be made quarterly to the Common Council. 7. No payment shall be made on any work or j done by contract, for any extra work thereon not specified in the contract, unless such extra work shall have been done by the written order of the Street Commissioner, directing the same, and stating that such work is not in- cluded in the contract, nor until the Street Commissioner shall have communicated the facts in the case to the Com- 82 OF THE STREET DEPARTMENT. mon Council. And no such expenditure shall, in any case, be made, the total amount of which, on any one work, shall exceed two hundred and fifty dollars, unless the same be authorized by the Common Council. under ^* ^^ moneys payable by the Corporation, for work De done, or supplies furnished, by contract or otherwise, under the Street Department, shall be paid by the Comp- troller, by warrant drawn in favor of the person or per- sons to whom payments are due, except as provided in section 23 of this chapter, and except that in the case of a pay-roll for labor performed, under the supervision of the Street Department, the Comptroller may draw a warrant for the total amount of such pay-roll, in favor of the Chamberlain, who shall make the payments therein specified. 9. No payments shall be made for any work or sup- plies. within the cognizance of the Street Department, ex- cept upon the requisition of the Street Commissioner, upon triplicate vouchers duly certified. Receipts shall be taken upon each of such vouchers, at the time of payment, one of which shall be filed in the office of the Comptroller, one in the office of the Street Commissioner, and one in the office of the bureau under whose superintendence the ex- penditure was incurred. street a>m- 10- The Street Commissioner shall, when required by Qer ' the Common Council, inquire into and report upon any of the matters within the cognizance of the Street Depart- ment; and shall, from time to time, communicate to the Common Council any information or suggestion which he may deem important in relation thereto. 1514 11. He shall issue proposals, and advertise for bids for all contracts connected with his department; and when- ever a survey or plans shall be necessary for any work OF THE STREET DEPARTMENT. 83 Authorized by the Common Council, or for the purpose of reporting any necessary information to the Common Coun- cil, he shall cause such survey or plans to be made by a competent surveyor, architect or engineer, as the nature of the work may require. 12. He shall control and direct all expenditures toj^* ^ be made by the Street Department; shall countersign and missioner - draw his requisition upon the Comptroller for the pay- ment of all bills and accounts therefor, which, in his judg- ment are correct, and which may be duly certified by the superintendent of the bureau under whose supervision the expenditure was incurred; except that all bills and ac- counts for expenditures under the supervision of the Deputy Superintendent of Repairs and Supplies shall be certified by him; and no requisition shall be drawn by the Street Commissioner for the payment of any bills or accounts until the same shall have been duly certified as aforesaid, or if not so certified, until the facts in the case shall have been communicated to the Common Council, except that the bills and accounts for expenditures for the removal of incumbrances, or for other expenditures au- thorized by ordinance but not under the immediate super- vision of any bureau of the Street Department, shall be certified by the Street Commissioner. 13. He shall, on the first Tuesday in each month, ren- iwd- der to the Comptroller a lull statement, under oath, of all the moneys paid by him on account of the Street Depart- ment. 14, The Street Commissioner shall present and report ibid. to the Counsel or Attorney of Corporation, all en- croachments on the streets or avenues in the city of New York which may be brought to his notice, or take such 84 OP THE STREET DEPAKTMENT. other action thereon as may be prescribed by ordinance in relation thereto. inspectors of 15. He shall appoint a competent inspector of contract work. work connected with his department, in all cases where he may deem the public interests require such inspector, or the Common Council shall direct the same. Each inspec- tor so appointed shall receive as compensation for his ser- vices a sum not to exceed two dollars per day; and in all cases where an assessment shall be levied for any improve- ment, the amount paid for inspection on any contract work connected therewith shall be assessed and collected, with the other expenses of such improvements, except where the inspectors' wages are legally chargeable to the contractor. street ^ 16. In all cases where provision is made by ordinance missioner. fo&t the consen t O f the Street Commissioner may be ob- tained to authorize any act to be done, he may grant per- mits therefor, subject to the restrictions of the ordinances in relation thereto. n> id - 17. The Street Commissioner shall report to the Common Council all assessments made against the Corpo- ration, or awards for any proposed opening or widening of any street or avenue, with the amount of such assess- ment or award in each case, and the circumstances con- nected therewith. Ibid - 18. He shall cause such books and accounts to be kept in the Street Department, and in the several bureaux thereof, as may be necessary at all times to exhibit a full and complete record of all ,the transactions and expendi- tures of the department. md - 19. He shall cause to be entered in books, to be pro- vided for the purpose, and kept in his office, open at all OF THE STREET DEPARTMENT. 85 convenient times to public inspection, the names of all persons from whom he may receive money for the Cor- poration on trust account, or otherwise; the amounts re- ceived, on what account, and when paid; and shall render a certified account thereof, under oath, item by item, to the Comptroller, on Thursday of each week, and shall thereupon pay over the amount so received to the Cham- berlain. He shall thereupon receive, from the Chamber- lain duplicate vouchers for the payment thereof, one of which he shall, on the same d ay > file in the office of the Comptroller. 20. He shall make to the Common Council, on the Duties of tho first meeting in the months of January, April, July and mSoBer. m October, a detailed statement of all the expenditures of the Street Department, on all work or supplies done or furnished by contract or otherwise. 21. He may direct the removal of any article or thing Removal of whatsoever which may encumber or obstruct a street or ces. avenue, wharf or pier, in the city of New York, under the penalties prescribed by law. 22. He is hereby authorized and directed to employ, iwid. flg. He shall, in all matters connected with his bureau,, be under the control, direction and supervision of the Street Commissioner, who may approve or disapprove of all accounts certified by him, and by whom alone all OF THE STREET DEPARTMENT. 97 requisitions upon the Comptroller for the payment thereof shall be drawn. 67. The Superintendent of Roads is specially charged p e u r ^^ e s n u t ' with the duty of attending to the enforcement of all laws of Roads - of this state, and ordinances and resolutions of the Com- mon Council, relating to the public roads in the city of New York, and is required, from time to time, to report to the Corporation Attorney all violations thereof. 68. The Street Commissioner may employ, when re- c 16 ^ m Bu- reau of quired, a clerk in this bureau, to be called the Clerk of Roads - the Bureau of Roads, who shall be paid monthly for his services, at the rate of eight hundred dollars per annum. ARTICLE VIII OF THE BUREAU OF LANDS AND PLACES. 6 69. This bureau, the chief officer of which shall be superintend- ent ot Lands called the Superintendent of Lands and Places, is charged and Places - with the duty of inspecting the condition of, and superin. tending and keeping in order the public grounds and places belonging to the Corporation. The Superintend- ent of Lands and Places -shall receive payment monthly for his services, at the rate of two thousand dollars per annum. 70. The Superintendent of Lands and Places shall, HIS Bond. before entering upon the duties of his office, execute a bond to the Corporation, with one or more sureties, to be approved by the Comptroller, in the penal sum of two thousand dollars, conditioned for the faithful performance of the duties of his office. 71. He shall exercise a constant inspection and super- Duties of su- . . ,. / i i perintendent vision of the public grounds and parks, and of keeping the of Lands and PleiCOS. same in proper order, and shall, from time to time, suggest 98 OP THE STREET DEPARTMENT. and report to the Street Commissioner such improvements therein as may be necessary and proper, with estimates of the expense thereof, if the Street Commissioner approve. peSndeot 72. He shall cause to be kept in his bureau accounts of places. ' the time of all persons to be paid by wages for work under the supervision of his bureau, and of the work upon which they are engaged, and of all the other expenditures of his bureau, and of the expense of each particular work or job, with the items thereof. rbli 73. He shall examine and audit all pay-rolls and all accounts for work done, or materials furnished, under the supervision of his bureau, and, if found correct, shall cer- tify them in writing, and shall deliver them, with proper / vouchers, to the Street Commissioner; and, in all cases of contract work, under his supervision, he shall examine and report to the Street Commissioner as to the fulfillment or breach of the contract therefor, and he shall certify on every voucher for payment thereon, that such payment is due in accordance with the terms of the contract. iwd. 74. He shall, in all matters connected with his bureau, be under the control, direction and supervision of the Street Commissioner, who may approve or disapprove all accounts certified by him, and by whom alone all requisi- tions upon the Comptroller for the payment thereof shall be drawn. ibid. #5. The Superintendent of Lands and Places is spe- cially charged with the duty of attending to the enforce- ment of the laws of this state, and ordinances and resolu- tions of the Common Council, relating to public grounds and parks in the city of Xew York, and is required, frotn time to time, to report to the Corporation Attorney all violations thereof. 76. The Superintendent of Lands and Places may ap- OF THE STREET DEPARTMENT. 99 point a foreman in the Bureau of Lands and Places, who shall receive for his services two dollars and a half per day; and two keepers in each of the following parks, who shall each receive for their services one dollar and a half per day, viz: the Battery, the City Hall park, Washington Parade ground, Union square, Stuyvesant parks, Madison square and Tonipkins square. The Superintendent of Lands and Places may, with the consent of the Street Commissioner, employ, from time to time, such additional labor as may be necessary, to keep the public parks and grounds in proper order. ARTICLE IX. OF THE BUREAU OF LAMPS AND GAS. 77. This bureau, the chief officer of which shall be superintend- ent of Lamps called the Superintendent of Lamps and Gas, is charged aud Gas - with the duty of superintending the lighting of the public streets, roads, places, avenues, wharves, piers and markets the construction and repairs of the public lamps, and the procuring all necessary supplies and fixtures therefor. He shall receive payment monthly for his services, at the rate of two thousand dollars per annum. 78. The Superintendent of Lamps and Gas shall, before HU Bond, entering upon the duties of his office, execute a bond to the Corporation, with one or more sureties, to be ap- proved by the Comptroller, in the penal sum of two housand dollars, conditioned for the faithful performance of the duties of his office. 70. He shall make all estimates necessary to or con- Duties f Su - periiitendent n^cted with any of the matters referred to in section 77 of ^ mp3and this chapter. 80. He shall take charge of, oversee and superintend iwd. ho i- instruction, repairino-, doimmo-. trimming and lighting 100 OF THE STREET DEPARTMENT. of public lamps; and shall preserve and keep in such place as may be prescribed by the Street Commissioner, the oil and other supplies appertaining to his bureau. Duties of su- 81. He shall, from time to time, inspect the public perintendent A . . of Lamps and lamps, and, with the consent of the Street Commissioner, shall cause the same to be repaired forthwith, when any repairs are necessary. Ibid - 82. He shall, forthwith, report to the Street Commis- sioner all violations of any contracts for supplying the city with oil or gas for the lighting of the public lamps, and every omission or neglect on the part of any person whose duty it is to clean, trim or light the same. 83. He shall subject all oil which may delivered upon any contract, to a thorough examination, before emptying it from the original vessel in which it may be delivered; and if it be found, in any respect, inferior, either in quan- tity or quality to that required by the contract, he shall forthwith report the same to the Street Commissioner. Kid. 84. He shall cause all lamps to be hereafter placed in the streets and avenues, in conformity with the ordinances or resolutions of the Common Council, now in force or hereafter to be adopted. ^ id - 85. He shall cause to be kept in his bureau accounts of the time of all persons to be paid by wages for work under the supervision of his bureau, and of the work upon which they are engaged, and of all the other expenditures of his bureau, and of the expense of each particular work or job, with the items thereof. 86. He shall examine and audit all pay-rolls and all accounts for work done or materials furnished, under the supervision of his bureau; and, if found correct, shall cer" OP THE STREET DEPARTMENT. 101 tify them in writing, and shall deliver them, with proper vouchers, to the Street Commissioner; and in all cases of contract work under his supervision, he shall examine and report to the Street Commissioner as to the fulfillment or breach of the contract therefor; and he shall certify, on every voucher for payment thereon, that such payment is due, in accordance with the terms of the contract. 87. He shall, in all matters connected with his bureau, Duties of su- perintendent be under the control, direction and supervision of the fi*m-ps and Street Commissioner, who may approve or disapprove all accounts certified by him, and by whom alone all requisi- tions upon the Comptroller for payment thereof shall be drawn. 88. The Superintendent of Lamps and Gas is specially iwd. charged with the enforcement of all ordinances and resolu- tions of the Common Council, for the protection of public lamps, and shall report all violations thereof to the Cor- poration Attorney. 89. The Superintendent of Lamps and Gas shall have inspector of Oil, and In- authority to appoint in this bureau, to assist the Superin- fJmp? f tendent of Lamps and Gas in the performance of the duties thereof an Inspector of Oil, and not to exceed six compe- tent persons, to be called Inspectors of Lamps, whose daily pay shall not exceed two dollars each. 90. There shall be one clerk in this bureau, to be called cierk to su- perintendent the Clerk of the Superintendent of Lamps and Gas, who jJ* m P B & shall keep the accounts thereof, and prepare all the esti- mates and other papers appertaining thereto; and who shall perform such other duties as may be directed by the Superintendent of Lamps and Gas. He shall be paid monthly for his services at the rate of one thousand two hundred dollars per annum. 102 OF THE STEEET DEPAETMENT. ARTICLE X. OP THE BUEEAU OP EEPAIES AND SUPPLIES. 9L This bureau, the chief officer of which shall bo and supplies. called the Superintendent of Repairs and Supplies," is charged with the duty of superintending the construction and repairing of public buildings. HIS Bond. 92. The Superintendent of Repairs and Supplies shall, before entering upon the duties of his office, execute a bond to the Corporation, with one or more sureties, to be ap- proved by the Comptroller, in the penal sum of two thou- sand dollars, conditioned for the faithful performance of the duties of his office. He shall be paid monthly for his services, at the rate of two thousand dollars per annum. Duties or so- 93. He shall take charge of, oversee and superintend of epairs the constructing and repairing of the public buildings, and the inspection of all work done thereon, by contract or otherwise, and have general superintendence over the Deputy Superintendent of Repairs and Supplies. II)id - 94. He shall make all estimates necessary to or con- nected with the constructing and repairing of the public buildings, when required by the Street Commissioner. Ibid - 95. He shall cause to be kept in his bureau correct accounts of the time of all persons to be paid by wages for work on the construction or repairs of public buildings, and of the work upon which they are engaged, and of all expenditures relating thereto, and of the expense of each particular work or job, with the items thereof. 11)1(1 96. He shall examine and audit all pay-rolls and all accounts for work done or materials furnished for the con- struction or repairs of public buildings; and if found cor- rect, shall certify them in writing, and shall deliver them, OF THE STREET DEPARTMENT. 103 with the proper vouchers, to the Street Commissioner. In all cases of contract work under his supervision, he shall examine, and report to the Street Commissioner, as to the fulfillment or breach of the contract therefor; and he shall certify, on every voucher for payment thereon, that such payment is due, in accordance with the terms of the con- tract. 97. He shall examine the state of the public buildings Duties or su- ., _. perintendent from time to time; and whenever any requisition for re- of Repairs & Supplies. pairs thereto shall be referred to him by the Street Com- missioner, he shall report all repairs thereof which, in his judgment, may be necessary, to the Street Commissioner, who shall lay the same before the Common Council, ex- cept where the expense thereof shall not in any case ex- ceed two hundred and fifty dollars, in which case the Street Commissioner may cause the repairs to be made under the supervision of the Superintendent of Repairs and Supplies; but no expenditure shall be made by the Superintendent of Repairs and Supplies, except upon the written order and certificate of the Street Commissioner, in accordance with section 6 of this chapter. 98. The Superintendent of Repairs and Supplies may Assistant to employ, whenever the same shall be necessary, a competent . c* . and Supplies, person to assist the Superintendent of Repairs and Supplies and inspec- in the performance of the duties of his office, whose monthly pay shall not exceed one hundred dollars; and not to ex- ceed two competent persons, to inspect and estimate the value of all work not done by contract, the daily pay of each of whom shall not exceed two dollars and a half; and no account shall be allowed for any such work, until such inspection and estimate shall have been made. 99. He shall, in all matters connected with his bureau, Duties of su- perintendent be under the control, direction and supervision of the f R ^ irs & 104 OF THE STREET DEPARTMENT. Street Commissioner, who may approve or disapprove of all accounts certified by him, and by whom alone all requi- sitions upon the Comptroller for the payment thereof shall be drawn. cierks m BU- 100. There shall be two clerks in this bureau, to be pairs & sup- called the First and Second Clerks to the Superintendent of Repairs and Supplies, who shall keep the accounts of this bureau, and prepare such papers, and perform such other duties appertaining thereto, as shall be directed by the Superintendent of Repairs and Supplies. They shall be paid monthly for their services, as follows: the First Clerk at the rate of one thousand two hundred dollars per annum, and the Second Clerk at the rate of eight hundred per annum. ARTICLE XI. OP THE DEPUTY SUPERINTENDENT OP REPAIRS AND SUPPLIES. Sendee' 10L There slm11 be in the Bureau of Repairs and Sup- supplies 1 .' 8 k P lies > an officer who shall be called the Deputy Superin- tendent of Repairs and Supplies, who is charged with the duty of superintending the supplying the public rooms and offices and court-rooms of the Corporation, the police station-houses, the engine and other houses of the Fire Department, and the public markets, with fuel, stationery, printing, and all other things necessary therefor, and of superintending the furnishing of all other necessary sup- plies for the Corporation, except in cases where other pro- vision is made therefor. He shall receive payment monthly for his services, at the rate of two thousand dollars per annum. ms Bond 102. The Deputy Superintendent of Repairs and Sup- plies shall, before entering upon the duties of his office, execute a bond to the Corporation, with one or more sure- ties, to be approved by the Comptroller, in the penal sum OP THE STREET DEPARTMENT. 1U5 of two thousand dollars, conditioned for the faithful per- formance of the duties of his office. % 103. He shall take charge of, and superintend the de- livery and preservation of all supplies to be furnished under his supervision, and shall have charge of keeping SuppUes - clean and in proper order the public rooms, offices and court-rooms of the Corporation, and of the warming and lighting of the same; and for that purpose he may, with the written consent of the Street Commissioner, employ so many and such persons as may be necessary therefor, and at such compensation, not to exceed one dollar and a half per day, in any case, as may be allowed by the Street Com- missioner. A statement of all persons so employed, with the rate of compensation allowed to each, and of his occu- pation, shall be submitted quarterly to the Common Council. 104. He shall make all estimates necessary to or con- nected with the furnishing the supplies mentioned in this chapter, when required by the Street Commissioner; and, with the consent of the Street Commissioner, shall pur- chase all such supplies not furnished by contract, when the expense thereof shall not exceed two hundred and fifty dollars in anyone case; but no expenditure shall be in- curred by the Deputy Superintendent of Repairs and Sup- plies, except upon the written order and certificate of the Street Commissioner, in accordance with section 6 of this chapter. 105. He shall have the care of the public yards store-houses of the Corporation and of all things that may be stored therein, and may, with the consent of the Street Commissioner, employ not to exceed two keepers for each 8 106 OF THE STREET DEPARTMENT. of the public yards, whose pay shall not exceed two dollars per day. ^f^^uer -^* He shall cause to be kept in his office correct Repa?re nt and accounts of the time of all per sons employed by him, in supplies. accordance with section 103 of this chapter, and of all expenditures incurred under his supervision, with the items thereof, and shall keep a separate account of all supplies furnished to each of the several departments, bureaux and courts, and shall furnish each of them at the time of the delivery of any supplies, or at least once in each month, a statement of the articles supplied upon their requisition, with the quantities and prices; he shall take receipts for all articles delivered, which shall be filed in his office. toM. 107. He shall examine and audit all accounts for work done and for supplies of fuel, stationery, printing and other necessary things under his supervision, and, if found correct, shall certify them in writing, and deliver them, with the proper vouchers, to the Street Commissioner; and in all cases of supplies furnished by contract under his supervision, he shall examine and report to the Street Commissioner as to the fulfillment or breach of the con- tract therefor, and shall certify on every voucher for pay- ment thereon that such payment is due in accordance with the terms of the contract. n>jd. 108. He shall, in all matters connected with his duties, be under the control, direction and supervision of the Street Commissioner, who may approve or disapprove al! accounts certified by him, and by whom alone all requisi- tions upon the Comptroller for the payment thereof shall be drawn. 109. There shall be three clerks, in this bureau, to be * sup. called First, Second and Third Clerks to the Deputy Super- OF THE STREET DEPARTMENT. 107 intendent of Repairs and Supplies, who shall keep the accounts of this burea j$ and perform such other duties as may be directed by the*Deputy Superintendent of Repairs and Supplies. The Fltfst Clerk shall be paid monthly for his services, at the ratt of one thousand two hundred dol- lars per annum; the Se'cond Clerk shall be paid monthly for his services, at the rate of one thousand dollars per annum; the Third Clerk shall be paid monthly for his services, at the rate of eight hundred dollars per annum. 110. The term /ity Hall, as used in this ordinance, Keeper of includes all the public buildings in the Park. There shall be in the Bureau of Repairs and Supplies an officer, who shall be knowi as the Keeper of the City Hall, and who shall be paid* monthly for his services, at the rate of one thousand two hundred and fifty dollars per annum, 111. The Keeper of the City Hall shall have charge, HIS duties, under the supervision of the Deputy Superintendent of Repairs and Supplies, of keeping the City Hall, and shall superintend the jkeeping clean and in proper order the rooms in the City Hall. He shall, when necessary, cause fires to be made -therein, except in the rooms occupied by the courts or offices of the United States, the Commission- ers of Emigration, the Governors of the Alms-house, the Croton Aqueduct Board, the Board of Education, and the Law Institute, - 112. He shall also provide for the meetings of the re- Ibid . spective Boards of the Common Council, and their com- mittees, and shall preserve and take care of the furniture used in, and the fuel or other articles supplied for the use of, the City Hall, except as provided in the last section, and perform ^such other duties connected with his office as may be assigned him by the Street Commissioner. 108 OP THE STREET DEPARTMENT. May reside in 113. He may occupy for himself and his family such City I lull. rooms in the City Hall as may be assigned him by the Street Commissioner. jeperof H4. He shall superintend and keep an account of the time of all persons appointed by the Deputy Superintend- ent of Repairs and Supplies, to assist him in the perform- ance of his duties, in pursuance of section 103 of this chapter, and shall prepare and certify all accounts and pay- rolls therefor, and shall deliver them to the Deputy Super- intendent of Repairs and Supplies, by whom, if found cor- rect, they shall also be certified, and be delivered to the Street Commissioner. ARTICLE XII. OP THE BUREAU OF THE CHIEF ENGINEER OF THE FIRE DEPARTMENT. Sr f ofFfre 115< This bureau > of which the Chief Engineer of the Department. ^{ TQ Department shall be the chief officer, is charged with the duty of repairing fire engines, hose-carts, hooks and ladders, hose, and other machines and apparatus, for the use of the Fire Department. HIS duties. 116. The Chief Engineer of the Fire Department shall oversee and superintend the repairing of fire engines, hose-carts, hooks and ladders, hose, and other machines and apparatus, for the use of the Fire Department. 117. He shall make all estimates necessary to, or con- nected with, the performance of the duties of his bureau, when required by the Street Commissioner. 118. He shall, from time to time, inspect the fire engines, hose-carts, hooks and ladders, hose, and other machines and apparatus, for the use of the Fire Department; and shall report to the Street Commissioner any repairs which may OF THE STREET DEPARTMENT. 109 be required thereon. If the Street Commissioner approve thereof, he shall report the same to the Common Council, except that when the expenditure shall not exceed seventy- five dollars in any one case, he may direct the same to be done. 119. The Chief Engineer may, with the consent of the Street Commissioner, make small repairs in the Corpora- tion yard, to the hose and hooks and ladders of the Fire Department. 120. He shall cause to be kept in his bureau accounts iwd. of the time of all persons to be paid by wages for work, under the supervision of his bureau, and of the work upon which they are engaged, and of all the other expenditures of his bureau, and of the expense of each particular work or job, with the items thereof. 121. He shall examine and audit all pay-rolls and all ibid. accounts for work done, or materials furnished, under the supervision of his bureau, and, if found correct, shall certify them in writing, and shall deliver them, with proper vouchers, to the Street Commissioner; and in all cases of contract work under his supervision, he shall examine and report to the Street Commissioner as to the fulfillment or breach of the contract therefor; and he shall certify on every voucher for payment thereon that such payment is due, in accordance with the terms of the contract. 122. He shall, in all matters connected with his bureau, n>id. be under the control, direction and supervision of the Street Commissioner, who may approve or disapprove all accounts certified by him, and by whom alone all requisi- tions upon the Comptroller for the payment thereof shall be made. 23. No new fire engine, hose, or hook and ladder J5 gines, &c HO OF THE STREET DEPARTMENT. carriage, shall be constructed for the Fire Department, unless the same shall be' authorized by the Common Council. riro 124 - There shall be in^liis bureau, a Superintendent of Apparatus. jpfrQ Apparatus, to be anointed by the Street Commis- sioner, who shall be a practical machinist, and fire engine builder, and who shall be an exempt fireman, whose duty it shall be to superintend the construction and proper working and keeping of fire apparatus, and such other duties as may be required in the direction of the Fire Department, which shall not interfere with any existing ordinance, or conflict with the firemen in the discharge- of their duties. The Superintendent of Fire Apparatus shall receive payment for his services monthly, at the rate; of one thousand dollars per annum. Foreman of 125. There shall be a Foreman of the Corporation Yard, in this bureau, to be appointed by the Chief Engineer, whose duty it shall be to superintend the repair- ing and cleaning of hose, and take charge of the same and to perform all such other duties as may be assignd to him by the Chief Engineer, and shall receive a salary of one thousand dollars per annum, payable monthly. There shall also be two clerks in this bureau, to be ap- pointed by the Chief Engineer, who shall keep the ac- counts of this bureau, and perform such other duties as shall be directed by the Chief Engineer, at a salary of one thousand dollars each per annum, payable monthly. The Chief Engineer shall also have authority to employ la- borers in the Corporation Yard, not to exceed eight in number, at a compensation of two dollars per day. OF THE STREET DEPARTMENT. HI ARTICLE XIII. OF THE BUREAU OF COLLECTION OF ASSESSMENTS. 126. This bureau, the chief officer of which shall be collector of Assessments called the " Collector of Assessments," is charged with the duty of collecting all assessments which are confirmed according to law. 127. The Collector of Assessments shall, before enter- His Bond. ing upon the duties of his office, execute a bond to the Corporation, with at least two sureties, to be approved by the Comptroller in the penal sum of twenty-five thou- sand dollars, conditioned for the faithful performance of the duties of his office. 128. The Collector of Assessments may appoint, not to Deputy coi- exceed four Deputy Collectors of Assessments, who shall sessments. assist the Collector of Assessments in the performance of the duties of the bureau. Each of the Deputy Collectors shall, before entering upon the duties of his office, execute a bond to the Corporation, with at least two sureties, to be approved by the Comptroller, in the penal sum of ten thousand dollars, conditioned for the faithful perfor- mance of the duties of his office. 129. Upon receiving an assessment list for collection, collection of . . p, . Assessments the htreet Commissioner shall charge the amount thereof on the books in his office, to the account of the Collector of Assessments, and shall thereupon transmit the same to the Collector of Assessments, for collection. 130. Immediately after receiving such assessment list, Ibid - the collector shall cause to be entered in a book to be kept for that purpose, and to be called " the Kecord of Titles of Assessments Confirmed," the title and amount of such assessment, the date of its confirmation, and the date of such entry. 112 OF THE STREET DEPARTMENT. collection of 131. The Collector of Assessments shall, also, cause to Assessments be entered in books to be kept for that purpose, and to be called the " Records of Assessments," under the title of each assessment, the name of the street on which each lot assessed is situated, with the ward, and the assessment map, or the block number of each lot ; the name of the person to whom it is assessed; the dimensions of the lot; the amount of the assessment, and the time of its confirmation; and in such books shall also be entered, before the expiration of one week from the time of the payment of any assessment, by the Collector or Deputy Collector receiving the same, opposite each item on which payment has been made, the fact of such payment, and the date thereof, and every such entry shall be verified by the signature of the Collector or Deputy Collector making the same. 132. The Collector of Assessments shall thereupon de- liver the assessment list to one of the Deputy Collectors for collection, and shall immediately notify the Street Commissioner of the deputy to whom it has been delivered. He shall apportion the lists between the deputies in such manner, as that the collections of the bureau may be divided as nearly as may be, equally between them. 133. Immediately upon receiving an assessment list, the Deputy Collector shall prepare, in suitable books to be kept for that purpose, under the title of The Assessment, a con- densed recapitulation thereof, containing, under the name of each person assessed, the ward and the map or the block number of each lot assessed in his name, and the amount of the assessment thereon ; and on such books shall also be entered, at the time of the payment of any assessment, in such manner as to identify the items on which each payment is made, the date of the payment and by whom made, and the amount of the assessment, and the amount of interest paid in each case. OP THE STREET DEPARTMENT. 113 1 34. The Deputy Collector shall, thereupon, prepare collection of J Assessments and cause to be sent to each of the persons named|in such assessment list, if such persons can be found, a notice of such assessment, specifying therein the title of the as- sessment, the date of its confirmation, the ward and the map or the block number of each lot assessed in his name, and the amount so assessed. 135. If any assessment duly confirmed, or any part ibid. thereof, remain unpaid for sixty days after the entry thereof in the Records of Titles of Assessments Confirmed, the Deputy Collector may, with the consent of the Street Commissioner, make application for a warrant to levy the same, according to law. 136. The Deputy Collector shall, after the expiration ibid, of the respective periods of sixty days mentioned in the last section, receive and collect interest upon all unpaid assessments; except that in case of assessment and award to the same person, he shall receive and collect interest only upon the excess of the assessment over the award. 137. The Deputy Collector, having any assessment list' 1 - in charge for collection shall, before the expiration of one year from the date of confirmation thereof, unless the same has previously been done and recorded, as next hereinafter provided, personally demand, at two several times, of each of the persons required by law to pay any part of said assessment, the payment thereof; except where such per- sons do not reside in the city of New York, or where, after diligent search and inquiry, they cannot be determined or found. It shall be the duty of the Deputy Collector, within one week after making any such demand, to make an entry thereof in books to be kept for that purpose, and to be called " The Records of Demands for Payment of Assess- ments;''' and every such entry shall be made in such man- 114 OF THE STREET DEPARTMENT. ner as to identify each item of the assessment for which payment was demanded, and the name of the person on whom, and the place where the demand was made, and the date thereof; and shall be verified by the signature and the affidavit of the Collector or Deputy Collector by whom such demand was made. 138 ' Each of the De P ut y Collectors shall, on Tuesday of each week > or oftener, if required, furnish to the Collector of Assessments, and to the Street Commissioner, an account in writing, item by item, of all moneys collected by him, stating the amount of assessment, and the interest thereon, paid on each lot, with the ward and the map, or the block number thereof, and upon what assessment, the name of the person making each payment, and the date thereof; and such account shall be verified by the signature and the affidavit of the Deputy Collector making the same. He shall thereupon pay over to the Collector of Assessments all moneys collected by him on such assessments, and shall receive from him triplicate vouchers therefor, one of which shall immediately thereafter be filed with the Comptroller, and one with the Street Commissioner. 139 - The Collector of Assessments shall cause the re t urns so ma( j e by the Deputy Collectors to be filed in books to be provided for that purpose, and shall, on Mon- day of each week, pay over to the Chamberlain all moneys received from the Deputy Collectors, and shall also there- upon receive from the Chamberlain triplicate vouchers for the payment thereof, on which vouchers shall be specified the amount paid on each assessment. He shall forthwith on the same day, file one of such triplicate vouchers with the Comptroller, and one with the Street Commissioner. 140. Each of the Deputy Collectors shall, on being required, furnish to the Street Commissioner or to the OF THE STREET DEPARTMENT. 115 Collector of Assessments, a list of all delinquents, with the amounts uncollected upon any assessment list deli- vered to him for collection. 141. The Collector of Assessments shall, on the expi ration of one year from the date of confirmation of any assessment list, return each list to the Street Commissioner, with an account of all items remaining unpaid thereon, stating the name of the street on which each lot on which the assessment remains unpaid is situated, with the ward and the map or the block number of each lot; the name of the person to whom it is assessed, the dimensions of the lot and the amount of the assessment thereon; and such account shall be accompanied by a statement in writing, specifying for each item thereof that two personal demands for payment have been made by a Collector or a Deputy Collector of Assessments of the person or persons required by law to pay for the same; or that such person or persons do not reside in the city of New York, or that, after diligent search and inquiry, such person or persons cannot be determined or found; and such statement shall be verified by the signature and affidavits of the Collector or Deputy Collector having the knowledge thereof; and no collections shall be made by any Collector or Deputy Collector of Assessments, on any assessment so returned. 142. Upon receiving such returns, and an examination ibid thereof, the Street Commissioner shall, if they be found correct, credit the amount thereof to the account of the Collector of Assessments, and charge the same to the Bureau of Arrears ; and shall thereupon transmit the assessment list, the returns, and the affidavits relating thereto, to the Comptroller, and receive from him a voucher therefor. 143. It shall be the duty of the Comptroller, if in IN*. 116 OP THE STREET DEPARTMENT. case of any assessment, so returned, he shall have reason to believe that items have been returned as unpaid on which payments have been made, or that the demands for pay- ment have not been made as provided by law, to notify the Street Commissioner thereof; and it shall be the duty of the Street Commissioner thereupon, with the consent of the Comptroller, to cause notices to be^ served upon each of the person or persons required by law to pay such items returned as arrears, that payment is due thereon, and that the property so returned is liable to sale; and the Street Commissioner shall make the Comptroller a detailed report of all such cases in which notices are served. -^4. The Collector of Assessments shall cause to be a j e( jg erj O n which shall be entered, under the title of each assessment received for collection, the amount thereof, the date of the confirmation, the name of the deputy having it in charge for collection, the amount of principal and in- terest returned by the deputy as collector thereon, and when returned, and the amounts paid to the Chamberlain by the collector, and when paid. Accounts shall also be kept in such ledger, with each of the Deputy Collectors, in which they shall be severally charged with the amounts of the assessment lists placed in their hands for collection; and accredited with the amounts paid to the Collector of Assessments, and the amount of unpaid assessments re- turned in accordance with section 141, as arrears. 145. Each of the Deputy Collectors shall keep a cash book, on which shall be entered, immediately on the receipt of each payment on any assessment, the ward, and the map, or the block number of each lot on which payment is made, the name of the person making the same, and the date thereof, and the amount of the assessment paid, and the interest collected thereon. OP THE STREET DEPARTMENT. 117 146. If any collections shall be made on any assessment Duties of coi- by the Collector of Assessments, all the provisions of this ordinance in respect to the books to be kept, and the entries, returns and affidavits to be made by the Deputy Collectors, shall also be applicable to the Collector of Assessments in regard to all collections made by him. 147. All the records, books, accounts and vouchers yors &c hereinbefore provided to be kept in this bureau, shall be Scnt held as appertaining thereto, and as the property of the Corporation; except that each Deputy Collector may retain one of the triplicate vouchers for payments made by him to the Collector of Assessments, and the Collector of Assess- ments may retain one of the triplicate vouchers for pay- ments made by him to the Chamberlain. 148- A receipt shall be given by the Collector or ibid. Deputy Collector, receiving any payment on account of any assessment, to the person making the same; on which shall be stated the name of the person making the payment, and the date and amount thereof; the title of the assess- ment, and the ward, and the map or block number of each lot, on which payment is made; and every such re- ceipt shall have printed conspicuously thereon, the fol- lowing words : NOTICE. " The liens for which payment has been made, may be discharged of record, in the office of the Comptroller, on the presentation of this receipt to the Clerk of Arrears." 149. It shall be the duty of the Clerk of Arrears on ibid, presentation of any such receipt, to countersign the same; and to enter, in books to be kept in his bureau for that purpose, the title of the assessment for which such receipt was given, the ward, and the map, or the block number of seXments? 8 " 118 OF THE STREET DEPARTMENT. each lot, on which payment was made, as specified in such receipt; the name of the person making such payment, and the date and amount thereof; and the date of the presenta- tion of such receipt to the Clerk of Arrears, and the name of the person by whom presented. And it shall be the duty of the Clerk of Arrears, once in each week, to cause the entries so made, to be compared with the accounts of the Collector of Assessments, of moneys paid to the Cham- berlain, filed in the office of the Comptroller. 15 - The Collector and the Deputy Collector shall each receive, as compensation for their services, an equal part of two and one-half per cent, on all items of assessments collected by the bureau during their term of office, and of two per cent, on all unpaid items of assessments returned during their term of office, to the Bureau of Arrears, for which two personal demands for payment have been made by the Collector or Deputy Collectors on the persons re- quired by law to pay the same. No moneys, however collected on any assessment, shall be retained on account of such fees or compensation ; but the amount of fees thereon shall be paid monthly, on the requisition of the Street Commissioner, to the extent of any moneys which may have been collected, and paid into the city treasury, upon such assessment, or interest moneys accruing thereon. No moneys collected on any assessment shall be retained on account of the compensation herein provided; but such compensation shall be paid by warrant of the Comptroller, on the requisition of the Street Commissioner. Amount of R 151. NO assessment for a less amount than five dollars, Assessments shall hereafter be made on any lot, for any improvement; the assessment for which is required by law to be con- firmed by the Common Council. OP THE STREET DEPARTMENT. ARTICLE XIV. OF SURVEYING. 152. Whenever in the proper administration of the Employment duties of his office, the Street Commissioner may require " the services of the City Surveyor, he shall have authority to employ such one of the City Surveyors, as he may ap- prove, for that purpose. 153. No City Surveyor employed by the Street Depart- ment, shall receive compensation therefor, at a greater JJJjJJg e { rate than as follows; nor shall any surveyor's bill be paid, partment. De unless the same be first certified to by the Street Commis- sioner : for a preliminary survey, in regulating a street or avenue, or for making a country road, for the first line of level, three cents per lineal foot, measuring through the centre of the street, avenue or road; and for every ad- ditional line of levels, one cent per lineal foot, to be measured in the same manner. For a preliminary survey in filling sunken lots, one dollar and fifty cents per lot, of two thousand five hundred square feet. For grading, when done alone, five cents per lineal foot ; measuring through the centre of the street or avenue. For grading, and setting curb and gutter, when done under the same contract, eight cents per lineal foot; mea- suring through the centre of the street or avenue. For grading, setting curb and gutter and flagging, when done under the same contract, eleven cents per lineal foot; measuring through the centre of the street or avenue. For setting curb and gutter alone, three cents per lineal foot; along the line of the work done. For setting curb and gutter and flagging, when done under the same contract, but not in connection with grad- 120 OP THE STREET DEPARTMENT. ing, four and one-half cents per lineal foot, along the line of curb. For flagging, when done alone, three cents per lineal foot; along the line of work done. For setting stakes, making final survey, id. 10. When he shall recover a debt due to the Corpora- tion, which may have been placed in his hands for collec- tion, he shall forthwith render an account thereof, under oath, to the Comptroller, stating the nature of the debt the person against whom it was recovered, and the amount and time of the recovery, and shall immediately thereupon pay over the amount so received to the Chamberlain. He shall also thereupon receive from the Chamberlain a voucher for the payment thereof, which he shall forthwith, on the same day, exhibit to the Comptroller, and shall, at the same time, leave with him a copy thereof. n>id. 11. He shall, on the twentieth day of December, in each year, report to the Common Council the titles of all actions in his hands, prosecuted or defended by him, as pro- vided in section 9 of this chapter, and then pending and undetermined, with such other information in respect there, to as he may deem necessary or proper. Ibid. 12. He shall keep, in proper books, to be provided for OF THE LAW DEPARTMENT. 125 that purpose, a register of all actions prosecuted or defend- ed by him, as provided in section 9 of this chapter, and all proceedings had therein. 13. He shall, on the first Monday of January, April, * the July and October, in each year, furnish to the Comptroller an account, under oath, of all disbursements which he may have made in conducting the actions prosecuted or defended by him, as provided in section 9 of this chapter; and upon being satisfied of the correctness thereof, the Comptroller shall draw his warrant in favor of the Counsel for the amount so disbursed. 14. The compensation to be paid to the Counsel to the Corporation, for all the services he may be required to ren- der, shall be as fixed by law. He shall, nevertheless, be entitled to receive, in addition, from parties other than the Corporation, his proper fees and necessary disbursements, and the taxable costs in all actions and proceedings which may be conducted, prosecuted or defended by him as such counsel, as provided in section 9 of this chapter. 15. Upon the expiration of his term of office, or his {5JJ5JJ el of ^ resignation thereof, or removal therefrom, the Counsel to the Corporation shall forthwith, on demand, deliver to his successor in office all deeds, leases, contracts and other papers in his hands, belonging to the Corporation, or de- livered to him by the Corporation, or any of its officers* and all papers in actions prosecuted or defended by him, as provided in section 9 of this chapter, then pending and undetermined, together with his register thereof, and of the proceedings therein, and a written consent of substi- tution of his successor, in all such actions then pending and undetermined. 16. He shall, from time to time, report to the Com- ibid. o n Council the condition of the Law Department, and 126 F THE LAW DEPARTMENT. shall suggest such improvements and alterations, in respect thereto, as he shall deem necessary or proper. uw^D^Jt- I?- There shall be two clerks in the Law Department > to be denominated respectively the First and Second Clerks of the Counsel to the Corporation, who shall prepare and copy such papers relating to the department, and perform such other services in relation thereto, as the Counsel to the Corporation shall direct. Additional ig. The Counsel to the Corporation is authorized to Counsel. employ additional counsel to aid in the trial or argument of causes or proceedings of importance in which the city may be a party interested. oompensa- 19. The Comptroller of the city of New York is here- tionmlieuof J oierknire. foy authorized and directed to allow and pay to the Coun- sel to the Corporation, in monthly payments, the annual sum of eight thousand dollars, in lieu of all charges against the Corporation for clerical assistance and clerk hire in the conduct of his business. ARTICLE III. OF THE BUREAU OP THE CORPORATION ATTORNEY. General cog- s 20. This bureau, the chief officer of which shall be nlzancea of of 6 co B rpo e i a a U called the Corporation Attorney, is charged with the pros- uon Attorney ecut i on O f a n actions for violations of the ordinances of the Common Council, or arising under the charter of the city, or under the laws of this state, where a penalty is given to the Corporation, or to the Overseers of the Poor, or to the Alms-house Department, and with the conducting of all proceedings before Justices, or upon appeal, in rela- tion to bastardy cases, and the prosecution of bastardy and abandonment bonds. Oration 116 21 ' Tlie Corporation Attorney shall, before entering Attorney. U p 0n t i ie ^ties of his office, execute a bond to the Corpo OF THE LAW DEPARTMENT. 127 ration, with one or more sureties, to be approved by the Comptroller, in the penal sum of two thousand dollars, conditioned for the faithful performance of the duties of his office. 22. He shall institute an action in any of the cases Duties of the Corporation mentioned in section 20 of this chapter, when instructed to Attorney. do so by the Common Council, or the chief officer of any department or bureau, or upon the complaint of any other person, when in his judgment the public interest requires that the same shall be prosecuted. 23. He may compromise with the party complained of' i^id. either before or after an action shall have been brought for any violation of an ordinance of the Common Council, where the penalty does not exceed twenty-five dollars, and where, in his judgment, the public interest does not require that an action should be prosecuted therefor. 24. In all actions which he is required by section & 20 of this ordinance to prosecute, he shall appear as the Attorney and Counsel of the Corporation. 25. He shall not bring an appeal in any action in Ibiid. first day of January in each year, or within fourteen days after that day, a statement, on oath, and in a tabular form, of the following particulars in each case in which he shall have taken charge of and collected any effects, or in which he shall have administered on any estate during the pre- ceding year. 1. The name of the deceased; 2. His occupation; 3. The place of his residence at the time of his death; 4. The country or place from which he came, if he were not a resident of this state at the time of his death; 5.* The moneys received for commissions and ex- penses; 6. The total amount of his receipts and expenditures; 7. The total amount of debts ascertained and al- lowed: 132 OF THE LAW DEPARTMENT, 8. The amount of costs; 9. The amount distributed; 10. The date of the letters of administration. 44. He shall, at the same time, report to the Common Council a transcript of such of his accounts as have been closed or finally settled, and of those on which any money has been received by him as part of the proceeds of any es- tates on which he has administered ; he shall deposit all moneys by him collected and received, as required by law, in such bank as the Counsel to the Corporation shall de- signate. ttld - 45. The Public Administrator must deposit all moneys by him collected and received, within two days after the receipt thereof, in the bank designated in the last section, to the joint credit of himself and the Comptroller, except so much as may be necessary to pay the current expenses of any proceedings authorized by law, to be allowed by the Surrogate, and which shall not exceed twenty dollars in any one case. 46. He shall, whenever required, exhibit to the Comp- troller the bank book showing such deposits, and all other vouchers and documents relating to his office. Honeys how 47. The money so deposited can be drawn out only on the joint check of the Public Administrator and the Comp- troller, in the cases where, by law, the Public Administrator is required to pay out moneys; and the Comptroller must preserve a register of all checks signed by him, as a part of the documents of his office. ibid. 48. The Comptroller, before signing any check for money so deposited, shall examine the bank book showing the deposit, and the vouchers on which the check is required to be drawn, and shall satisfy himself fully as to the cor- OP THE LAW DEPARTMENT. 133 rectness thereof; and in case of doubt or difficulty, he shall report the case to the Common Council for their direction. 49. The Comptroller may distribute and pay any un- Moneys, how administered balance of an intestate's estate, remaining in the city treasury, to the persons legally entitled thereto, whenever he and the Public Administrator shall be satis- fied that the person claiming the same is legally entitled thereto; but if they be not satisfied thereof, they shall re- port the case to the Common Council for their direction. 134 OP THE CROTON AQUEDUCT BOARD. CHAPTER VI. OF THE CROTON AQUEDUCT BOARD. ARTICLE I. OF THE CROTON AQUEDUCT BOARD AND ITS BUREAUX GENERALLY, II. OF THE CROTON AQUEDUCT BOARD. III. OF THE BUREAU OF THE WATER REGISTRAR AND THE SCALE OF WATER RENTS. IV. OF THE BUREAU OF THE WATER PURVEYOR. V. GENERAL PROVISIONS. ARTICLE I. OF THE CROTON AQUEDUCT BOARD AND ITS BUREAUX GENERALLY. duties of the 1. The Executive Department called the Croton Aque- duct Board, is invested, by the laws of this State, with the following powers and duties : 1. With the direction and settlement of all suits, claims and demands against the Corporation, or against the Water Commissioners of the city of New York, created by the act for the appoint- ment of Water Commissioners by the Governor and Senate for the city of New York, passed May 2, 1834. 2. With the charge of the Croton Aqueduct, and all structures and works and property connected with the supply and distribution of water to the city of New York, and the underground drainage of the same ; and of the public sewers of the city ; and of permits for street vaults ; and of paving, repaving and repairing streets, and dig- ging and constructing wells ; and the collection of the revenues arising from the sale of the Cro- OF THE CROTON AQUEDUCT BOARD. 135 ton water ; with such other powers and duties ^ e e s rs as shall or may be prescribed by law. 3. With the preservation of the Croton lake and waters ; with the preservation of the banks of the Croton river from injuries or nuisances ; with the execution of such measures as may be neces- sary to preserve and increase the quantity of water and keep it pure ; with the management, preservation and repairs of the dam, gates, aque- duct, high bridge, reservoirs, mains, pipes, pipe- yard, and property of every description, belonging to the Water Works ; and they shall have the construction of such new works, and the purchase and laying down of such mains and pipes as the Common Council may authorize ; and also the construction, repairs and cleansing of all the sewers and underground drains, but subject to the orders and directions of the Common Coun- cil, as to the times and places of building new sewers, and to the general plan which has been or may be adopted for the sewerage and drainage of the city. They shall be responsible for the sup- ply of water, and the good order and security of all the works from the Croton lake to the city inclusive, for the exactness and durability of the structures which may be erected, and of the daily work to be performed, and for the sufficiency of the supply in the pipe-yard to meet every casualty, and for the fidelity, care and attention of all per- sons employed by the Department in watching the works, and in making constructions and repairs; and shall inspect thoroughly the interior of the aqueduct, and make the necessary repairs, at least twice in each year. 136 OF THE CROTON AQUEDUCT BOARD. Bureaux. 2. There shall be two bureaux in the Croton Aqueduct Department. 1. A bureau for the collection of the revenue derived from the sale of the Croton water ; and the chief officer thereof shall be called the Water Regis, trar. 2. A bureau for the laying of water pipes and the construction and repairs of sewers, wells and hydrants, and the paving, repaying and repairing of streets : the chief officer of which shall be called the Water Purveyor. ARTTlifcE II. OF THE CROTON AQUEDUCT BOARD. Sg sc t?e 3. The chief officers of the Croton Aqueduct Board BoanL shall be called the President, Engineer, and Assistant Commissioner; who, together, shall form the Croton Aque- duct Board, and shall hold their offices for five years. salaries. 4. The salaries of the officers composing the Croton Aqueduct Board shall be as follows : For the President- Commissioner, three thousand dollars per annum ; for the Commissioner-Engineer, five thousand dollars per annum- for the Assistant Commissioner, three thousand dollars per annum. contract. g 5^ ^j} contracts for materials or work for the Croton Aqueduct, or for the construction, repair or cleaning Of sewers and underground drains, shall be made by the Croton Aqueduct Board; and bonds, for the faithful per. formance thereof, shall be approved and taken by them. M a oD?73 Ut f 6 - ^ moneys payable by the Corporation for the performance of the contracts mentioned in the last sec- tion, or for work done by authority of the Croton Aque- duct Board, and all bills or accounts for the salaries of OF THE CROTON AQUEDUCT BOARD. 137 the officers and men attached thereto, and for blank books, paper, and contingencies of the Department, shall be paid by the warrant of the Comptroller, upon the requisition of the Croton Aqueduct Board, against the appropriation applicable thereto, and all such contracts and accounts shall be kept and filed in the office of the Croton Aqueduct Board. 7. No new works connected with the Croton Aque- work, how authorized. duct shall be constructed, nor shall any mains or pipes be purchased or laid down, or new sewers constructed, except with the authority of the Common Council; and except also, that in case of any unexpected casualty or damage to the pipes, reservoirs or other structures con- nected with the aqueduct, the Croton Aqueduct Board shall take immediate measures for the preservation and repair of the same; the expense of which shall be paid on their requisition by the warrant of the Comptroller. 8. All sewers and drains in any of the streets, avenues sewers and or public places in the city, shall be under the charge of Dl the Croton Aqueduct Board, who shall keep the same in good order and condition, and clean and free from obstruc- tions, and shall cause such repairs, to be made to them and to the receiving basins, culverts and openings connected therewith, as may from time to time become necessary. Such sewer culverts shall be cleaned at night and not in the day time. 9. The Croton Aqueduct Board shall prescribe theitid. mode of piercing or opening any of the sewers or drains and the form, size and material of which connections made therewith shall be composed. 10. They may, with the consent of the Street Com- private missioner, grant permission to persons to construct, at M. * 10 138 O F THK CROTON AQUEDUCT BOARD* their own expense, sewers or drains, or to lay pipes to connect with any sewers or drains built in any of the .streets or avenues in the city, on being furnished with the written consent of the owners of a majority of the proper- ty upon the street through which such sewer, drain or pipe is to pass; but such permission shall not be granted except upon the agreement, in writing, of the persons applying therefor, that they shall comply with the ordinances in relation to excavating the streets; that they will indemnify the Corporation for any damages or costs to which they may be put, by reason of injuries resulting from neglect or carelessness in performing the work so permitted, and that no claim will be made by them or their successors in interest against the Corporation, if the work so permitted he taken up by authority of the Common Council, or for exemption from an assessment lawfully imposed for con- structing sewers or drains in the same vicinity; and upon the further condition that the Common Council may, at any time, revoke suchpermi-sion, and direct such sewers, drains or pipes to be taken up or removed. Private 11. If any connection or opening be made into any ers, &c. sewer or drain 'without, the permission authorized in the last section, or in a mode different from that prescribed th revenues derived from the sale of the Croton water, and has the especial charge and superintendence of the accounts of the departments, under the direction of the Croton Aqueduct Board. 32. The Water Registrar, before entering upon the Bond of Reg- -duties of his office, shall execute a bond to the Corpora- tion, with two sufficient sureties, to be approved by the Comptroller, in the penal sum of fifteen thousand dol- lars, conditioned for the faithful performance of the duties of his office. 142 OP THE CROTON AQUEDUCT BOARD. Duties of 23. He shall, on Thursday of each week, render to the 4 Registrar. Comptroller an account, under oath, item by item, of all moneys received by him, containing the names of the" persons from whom they were received, the amounts re- ceived, and on what account, and when paid; and shall thereupon pay over the amount so received to the Cham- berlain. 24. There shall be in this bureau a Deputy Registrar,, an Accountant, and five Clerks, who shall severally receive for their services an annual salary of one thousand dollars. Eeg " 2 5. The Deputy Registrar shall superintend, under the direction of the Registrar, the keeping of the accounts, the receiving of the water rents, and the issuing of per- mits for the use of the water, and shall generally assist the Registrar in the performance of Ids duties. He shall, before entering on the duties of his office, execute a bond to the Corporation, with two sureties, to be approved by the Comptroller, in the penal sum of ten thousand dol- lars, conditioned for the faithful performance of the duties of his office. Accountant. g 2 6. The Accountant shall keep the accounts of the Bureau of the Water Registrar, under the direction of the Registrar, and in such manner as shall be prescribed by the Croton Aqueduct Board. 27. The Clerks shall, respectively, prepare and copy such papers appertaining to this bureau, as may be directed by the Water Registrar, and shall gen er illy perform such other duties connected therewith, as may be assigned them by that officer. 28 - Tne Water Registrar shall receive an annual salary of one thousand five hundred dollars. CP THE CROTOX AQUEDUCT BOARD. Scale of Water Rents, 29. The annual regular rents to be collected by the Croton Aqueduct Board shall be as follows, to wit : 1. On all tenements coming within the provisions of the law of April 11, 1849, having a front width of sixteen feet and under, and of not more than one story high, the sum of four dollars ; of not more than two stories high, the sum of five dol- lars; of not more than three stories high r the sum of six dollars; of not more than four stories high, the sum of seven dollars; and five stories; high and over, the sum of eight dollars. 2. On all tenements having a front width of not more than eighteen feet and over sixteen, and of not more than one story high, the sum of five dol- lars; of not more than two stories high, the sum of six dollars ; of not more than three stories high, the sum of seven dollars; of not more than four stories high, the sum of eight dollars ; and of five stories high and over, the sum of nine dollars. 3. On all tenements having a front width of not more than twenty feet and over eighteen, and of not more than one story high, the sum of six dollars ; of not more than two stories high, the sum of seven dollars ; of not more than three stories high, the sum of eight dollars ; of not more than four stories high, the sum of nine dol- lars; and of five stories high and over, the sum of ten dollars. 4. On all tenements having a front width of not more than twenty-two feet six inches, and over twenty feet, and of not more than one story high, the 144 OF THE CBOTON AYUEDUCT BOARD. ter Rents' SUm ^ S6Vei1 Collars j f n t mOFG tlian tWO stories high, the sum of eight dollars; of not more than three stories high, the sum of nine dollars; of not more than four stories high, the sum of ten dollars; and of five stories high and over, the sum of eleven dollars. 5. On all tenements having a front width of not more than twenty-five feet, and over twenty-two feet and six inches, and of not more than one story high, the sum of eight dollars; of not more than two stories high, the sum of nine dollars; of not more than three stories high, the sum of ten dollars; of not more than four stories high, the sum of eleven dollars ; and of five stories high and over, the sum of twelve dollars. <6. On all tenements having a front width of not more than thirty feet, and over twenty-five feet, and of not more than one story high, the sum of ten dollars; of not more than two stories high, the sum of eleven dollars; of not more than three stories high, the sum of twelve dollars; of not more than four stories high, the sum of thirteen dollars; and of five stories high and over, the sum of fourteen dollars. 7. On all tenements having a front width of not more than thirty-seven feet six inches, and over thirty feet, and of not more than one story high, the sum of twelve dollars; of not more than two stories high, the sum of thirteen dollars; of not more than three stories high, the sum of fourteen dollars; of not more than four stories high, the sum of fifteen dollars; and of five stories high and over, the sum of sixteen dollars. OF THE CROTON AQUEDUCT BOARD. 145 8. On all tenements having a front width of not ?c ^ of wa- ter Rents. more than fifty feet, and over thirty-seven feet six inches, and of not more than one story high, the sum of fourteen dollars; of not more than two stories high, the sum of fifteen dollars; of not more than three stories high, the sum of sixteen dollars; of not more than four stories high, the sum of seventeen dollars ; and of five stories high and over, the sum of eighteen dollars. 9. In the apportionment of regular rents upon a dwelling-house, the family or families occupying the same to number not more than fifteen persons; for every ten persons beyond that number, an additional rent of two dollars and fifty cents per year shall be charged. 10. The rents of all tenements which shall exceed in width fifty feet, shall be the subjects of special contract with the Croton Aqueduct Board. 11. The extra and miscellaneous rates shall be -as fol- lows, to wit: Bakeries. In the average daily use of flour, for each barrel the sum of three dollars per annum. Bathing Tubs, in private houses, beyond one, at three dollars per annum each; and five dollars per annum each on public houses, boarding-houses, bathing establishments, and barbers' shops. Boarding Schools shall be charged at the rate of from fifteen to fifty dollars each ; and School Houses at the rate of from ten to twenty dollars each per annum. Building Purposes. For each one thousand bricks laid, th3 sum of ten cents per thousand. 146 OF THE CROTON AQUEDUCT BOARD, Fcnie of wa- Cow Stables. For each and every cow, the sum of ter Rents. seventy-five cents per annum. Fountains. Ordinarily used three hours per day, for a period of not more than four months in the year, shall be charged as. follows: A one-six- teenth of an inch jet, the sum of seven dollars per annum; for a one-eighth of an inch jet, the> sum of fifteen dollars per annum; for a one- quar- ter of an inch jet, the sum of forty dollars per annum; for a one-half of an inch jet, the sum of ninety dollars per annum; and for an inch jet the sum of two hundred dollars per annum. No fountain shall be permitted on any premises; where the water is not taken for other purposes, and to an extent sufficient for those purposes; and if the water from the jet or fountain be per- mitted to flow into premises adjacent to or in the neighborhood where it may be used for other purposes, the supply shall be stopped, and the amount of payment forfeited. Horses, Private. For two horses there shall be charged the sum of six dollars per annum; and for each additional horse, the sum of two dollars. Horses, Livery. For each horse, up to and not ex- ceeding thirty in number, the sum of one dollar and fifty cents each per annum; and for each additional horse, the sum of one dollar. Horses, Omnibus and Cart. For each horse, the sum of one dollar per annum. Horse Troughs. For each trough on sidewalks, the sum of five dollars per annum. OP THE CROTON AQUEDUCT BOARD. 147 Hotels and Boarding-houses shall, in addition to the regular rate for private families, be charged for each lodging room, at the discretion of the Cro- ton Aqueduct Board. Porter-houses, Taverns and Groceries shall be charged an extra rate of from three to thirty dollars. Printing Offices shall be charged at such rates as may be determined, in the discretion of the Cro- ton Aqueduct Board. Refectories shall be charged at such rates as may be determined, in the discretion of the Croton Aqueduct Board. Slaughter-houses shall be charged at the rate of from ten to twenty dollars per annum each. Steam Engines shall be charged, by the horse power, as follows : For each horse power up to and not exceeding ten, the sum of ten dollars per annum; for each exceeding ten and not over fifteen, the sum of seven dollars and fifty cents each; and for each horse power over fifteen, the sum of five dollars. Street Washers. For each street washer on the side- walk, the sum of two dollars per annum. Water Closets. For every water closet beyond one, the sum of two dollars per annnm. All manufacturing and other business requiring a large supply of water, are to be charged therefor, per one hun- dred gallons, on the average estimated quantity during the year ; the year to be estimated at three hundred days, as follows : 148 OP THE CROTOX AQUEDUCT BOARD. When the quantity used averages two hundred gallons per day, or less, at the rate of five cents per one hundred gallons. When the quantity used averages from two hundred to three hundred gallons per day, at the rate of four cents per hundred gallons. Where the quantity used averages from three hundred to one thousand gallons per day, at the rate of three and a half cents per one hundred gallons. Where the quantity used averages from one thousand to two thousand gallons per day, at the rate of three cents per one hundred gallons. Where the quantity used averages from two thousand to ten thousand gallons per day, at the rate of two cents per one hundred gallons.^' Where the quantity used exceeds ten thousand gallons per day, the price shall be fixed by the Croton Aqueduct Board ; but in no case at less than one cent per one hun- dred gallons. 12. All matters not hereinbefore embraced, are re- served for special contract by and with the Cro- ton AqueducfrBoard. ARTICLE IV. OP THE BUREAU OP THE WATER PURVEYOR. BuRlu anceof 30 - Tllis Bureau, of which the Water Purveyor shall be the chief officer, is charged with the superintendence of the laying of water pipes, and the construction and repairs of sewers, wells and hydrants, and paving, repaving and repairing the streets. 31 - The Water Purveyor shall, before entering upon the duties of his office, execute a bond to the Corporation, OP THE CROTON AQUEDUCT BOARD. 149 with one or more sureties, to be approved by the Comp- troller, in the penal sum of two thousand dollars, condi- tioned for the faithful performance of the duties of his office. 32. He shall make all estimates necessary to the laying Duties of w a - terJeu.vejor. of water pipes and the construction and repairs of sewers, wells and hydrants, and the paving, repaving and re. pairing of streets, when required by the Croton Aqueduct Board. 33. He shall keep correct accounts of the time of the ibid. men employed, and the work upon which they are en- gaged, and the expense attending the same, when it is not done by contract, and shall report the same, under oath, once in each week, to the Croton Aqueduct Board. 34. He shall examine, audit and certify to the Croton ibid. Aqueduct Board, all accounts for supplies furnished or work done under his supervision, and as to the fulfillment or breach of any contract to be performed under his direction. 35. He shall, from time to time, examine the state of n d - the water pipes, sewers and underground drains, wells, pumps, hydrants and street pavements, and report all repairs thereof, which, in his judgment, may be necessary, to the Croton Aqueduct Board. 36. He shall, with the consent of the Croton Aqueduct Board, employ a competent person to inspect the paving of any street, when done under a contract with the Cor- poration, whose daily pay shall not exceed one dollar and fifty cents, and which shall be assessed and collected with the other expenses of such paving. 37. He shall, with the consent of said Board, employ, rad. 150 OF THE CROTON AQUEDUCT BOARD. on daily pay, as many competent persons as may be neces- sary, with carts and other implements, to repair the pave- ments. Duties of wa- 38. He shall, in all matters connected with his bureau ter Purveyor be under the control, direction and supervision of the Croton Aqueduct Board ; and in addition to the duties prescribed by this article, shall perform such other duties appertaining to the Croton Aqueduct Department as may be required of him by that Board. 39. There shall be in the Bureau of the Water Pur- veyor, a Contract Clerk, who shall receive an annual salary of one thousand two hundred dollars ; and two other clerks, who shall severally receive an annual salary of one thousand dollars. ^ 40. The Water Purveyor shall receive an annual salary of one thousand five hundred dollars. a e n rk act Repairs, &c. extracts. ARTICLE V. GENERAL PROVISIONS. 41. The Croton Aqueduct Board may, from time to time, make such rules and regulations in respect to ser- vice and conduit pipes, tapping, paving and repairing the streets, and other matters affecting the distribution of the Croton water, as they may deem proper. 42. All work to be done and all materials to be pur- chased on account of or for the Croton Aqueduct Works, exceeding one hundred dollars, except when such work or materials are rendered immediately necessary by some sudden and unforeseen cause, shall be by contract, after due notice. $ 43. Public notice shall be given of the time and place at which sealed proposals shall be received for contracts <<3F THE CBOTON AQUEDUCT BOARD. 151 for or on account of the Croton Aqueduct Works, which notice shall be published at least one week in the papers designated by the Corporation. No alternative or inde- finite condition or limitation as to price in a proposal shall be received or acted on ; nor shall more than one proposition from any one person for the same contract be received. All the propositions, when more than one is offered, from the same person, for the same object, shall be rejected. 44. Every person who shall enter into any contract ^'JJJJ^ for work to be done on the Croton Aqueduct Works, shall give satisfactory security for the faithful performance of his contract according to its terms; and if any person shall neglect or refuse to perform his contract, he shall be . excluded from any interest in any future contract in re- lation to the Croton Aqueduct Works. 45. No extra allowance over and above the contract Fxtra allow- ance. price shall be made to any contractor, unless such extra allowance be directed by the Common Council. 46. All persons contracting for a supply of water, shall pay the cost of the materials and labor used and ex- Waler &< pendcd on the streets, necessary to make the connection with the conduit pipes, or pay such annual interest thereon as required by the rules and regulations of the Croton Aqueduct Board. No street shall be opened, nor pipes bored, or connection made, unless under the direc- tion of the Croton Aqueduct Board, under the penalty of fifty dollars for each offense. 47. All persons are forbid to open any street pave- ibid. ment and bore any water pipe for the purpose of conduct- ing the water into any dwelling or other edifice, or any other use, under the penalty of fifty dollars for each 152 OF THE CROTON AQUEDUCT BOARD. offense, unless with the written permission of the Presi- dent of the Croton Aqueduct Board. e pa r /abie ^- - An rents for ^ use of the water shall be paid in advance, at the time of applying for the water, and before any permit is issued ; to be calculated up to the first day of May succeeding ; and all rents shall continue to be col- lected in advance on the first day of May annually, so long as the contract exists; and no contract for the sup- ply of the water shall be binding for a longer period than until the second succeeding first day of May after such contract is entered into. Rents,unpaid 49. The supply of water shall be cut off in all cases where the rent is behind, and unpaid, ten days. appieiid. 9. He shall license such persons as may be proper, to act as night-scavengers, all or any of whom he may at any time displace and appoint others in their stead, and he shall make such rules and regulations for their government as he may deem proper. IN*- 10. He shall keep a register in which he shall enter the situation of all such sinks and privies as he shall au OF THE CITY INSPECTOR'S DEPARTMENT. 159 thorizs to be emptied, and the days on which the emptying thereof shall be required. 11. He shall cause all such boarding and lodging Duties or city Inspector. houses as the Board of Health shall direct, to be examined, and shall report to that Board the number of each house, and the name of the street on which it is situated; the name of the tenant or occupant, the number of lodgers or boarders therein, with their names and occupations, the number of apartments therein and the apartments used as lodging rooms. 12. He shall inspect or cause to be inspected all houses n>id. reported as mentioned in the last section, as often as he shall deem necessary, and at least once in each week be- tween the first day of May and the first day of November in each year. 13. He shall obey all orders and instructions given by n>id. the Board of Health, pertaining to the performance of all or any of his duties. 11. He shall receive and file in his office all reports ibid, directed to be made to him by measurers, weighmasters and inspectors, and shall make an aggregate report thereof to the Common Council during the month of January in each year. 15. He shall, from time to time, report to the Common iwd. Council respecting all lots, yards, buildings, cellars, alleys, sinks, vaults, cesspools, privies, public and private docks and slips, and common sewers which shall require cleaning, altering or repairing, in order to preserve the health of the city. 16. He shall report to the Common Council and to the ftid Board of Health all circumstances which shall come to his knowledge, endangering the health of the city or prejudi- cial thereto. 160 OP THE CITY INSPECTOR'S DEPARTMENT. Duties ofcity 17. He sh all report to the Common Council suitable- Inspector.., ordinances for the correction and removal of nuisances,, and when the same shall be passed shall record them in his^ office, and cause copies thereof to be served on the persons whose duty it shall be to correct, abate or remove such nuisances. nid * 18. He shall keep a register of the names of all persons- returned as dead, which shall be open at all convenient times to public inspection. BIw. 20. All moneys payable by the Corporation for the performance of contracts or for work done under or by direction of this department, shall be paid by the Comp- troller in pursuance of the provisions of the charter; and' the City Inspector shall, on the first Thursday of each month, render to the Comptroller a full statement, under oath, of the receipts and expenditures of his department, and all the accounts, vouchers and certificates relating thereto shall be kept and filed in the office of the City In- spector; and he shall superintend the enforcement of all ordinances relating to his department, and have power to employ all necessary assistance for that purpose, and shall report to the Common Council all delinquencies therein, and shall, from time to time, suggest to the Common Coun- cil such alterations or improvements in the ordinances con- OF THE CITY INSPECTOR^ DEPARTMENT. 161 nected with the department or any branch thereof, as he may deem proper. 21. He may enter into any premises at any time between sunrise and sunset, and examine any building, cellar, vault, sink, cesspool, privy, lot, yard or alley in the city. 22. He may, by an order in writing, direct any nuisance ^ to be abated, or unwholesome matter or substance to be removed, and may prescribe the time and mode of doing so, and the place to which such offensive or unwholesome mat- ter or substance shall be removed. . 23. He may cause the nuisance to be abated, or the ^id matter or substance to be removed in case of a neglect or refusal to comply with such order by the person whose duty it is to comply therewith, after he shall have been per- sonally served with a copy of the order. 24. He shall have a slate with the names of the Street ibid Inspector and Health Warden of each ward placed in every station-house in the city for the information of the public, and for the purpose of receiving such complaints as may be made in case of neglect on the part of the contractors for cleaning the streets, in performing their work. 25. He shall be permitted by the Croton Aqueduct im Board to use hydrants for cleaning the streets, under the regulations of that Board. 26. He may grant permission to empty any sink, privy Ibid . or cesspool which may,in his judgment, require to be emptied, when the public health will not be endangered thereby. 27. He may, with the written consent of the Mayor, ibid, grant a permit for the removal of the remains of any per- son interred within the city, to a place without the same, on the application of a relative or friend of snch person, when there shall appear no just objection to the same. 162 OF THE CITY INSPECTOR'S DEPARTMENT. Duties of city 28. He shall have such powers and duties as Avere Inspector. heretofore imposed on the late Commissioner of Streets and Lamps, relative to the bureau of " Cleaning Streets," and " the Inspection, ^Regulation and Management of the Pub- lic Markets," and " the Inspection of Weights and Mea- sures," and " the Keeping of the Public Pounds," so far as the same are not conflicting with other ordinances. cierks in oty 29. There shall be two clerks in the City Inspector's office. J office, who shall be denominated First and Second Clerks* and who shall perform such duties connected therewith as may be required by the City Inspector. The salary of the First Clerk shall be fifteen hundred dollars per annum. The salary of the Second Clerk shall be twelve hundred dollars per annum. tacitin- 30. There shall be a Messenger in the City Inspector's of- Q ^ GQ ^ an annua ] sa ] ar y O f eight hundred dollars, and an Assistant Messenger at an annual salary of seven hundred dollars. ARTICLE III. OF THE BUREAU OF SANITARY INSPECTION AND STREET CLEANING. 31 - Tllis bureau sha11 be under t]ie control of an offi- an n d P S cer to be called the " Superintendent of Sanitary Inspee- saiary. tion," who shall receive an annual salary of two thousand five hundred dollars, which shall be inclusive of allowance for a horse and wagon. HIS Bond. 32. The Superintendent of Sanitary Inspection, before entering upon the duties of his office, shall execute a bond to the Corporation with one or more sureties, to be ap proved by the Comptroller, in the penal sum of five thou- sand dollars, conditioned for the faithful performance of the duties of his office. OF THE CITY INSPECTOR'S DEPARTMENT. 163 33. The Superintendent of Sanitary Inspection shall Duties^ su- have cognizance and charge of the cleaning of the public streets, and the control and management of the Corporation yard. It shall be his duty to cause to be made annually an inspection of the sanitary condition of the city T^tween the iirst day of November and the first day of June following, and such inspection shall be made in such manner, and returns of the same be prepared and made in such form, as the City Inspector shall direct. He shall also cause the investigation of all nuisances endangering the public health, and their abatement or removal in such manner as the City Inspector may direct. He shall supervise all the inspections which are now, or shall hereafter be ordered, to be made by the City Inspector's Department, such inspec- tion to be in accordance with, and returns to be made in such forms as the City Inspector may direct. He shall, from time to time, report to the City Inspector all facts within his knowledge relating to or affecting the public health. 34. The Superintendent of Sanitary Inspection shall Ibid - make estimates necessary to, or connected with, the clean- ing of streets when required by the City Inspector. 35. He shall keep correct accounts of the time of men ibid, employed in his bureau, and of the work upon which they are engaged, and the expense attending the same when it is not done by contract, and shall report the same once in each week to the City Inspector. 36. He shall forthwith report to the City Inspector all n>id. violations of any agreement for cleaning the streets, and every omission or neglect on the part of any person whose duty it is by any law of the State, or by any ordinance or resolution of the Common Council to inspect the streets or roads, or to prevent any incumbrance thereof, and if such 164 neglect shall occur on the part of any policeman or officer of the police, he shall, in like manner, report the same forthwith to the Police Commissioners. 37 ' The Superintendent of Sanitary Inspection shall ^der sudh services relative to the duties of the City In- spector's Department, as he may be required by the City Inspector, and for that purpose he shall have, exercise and possess, all the powers and duties by law or ordinance conferred upon the City Inspector, whilst acting under the direction of the City Inspector. He shall examine, audit, and certify to the City Inspector, all accounts for work done under his supervision, and no requisition shall be drawn for any bills, accounts or contracts for cleaning the streets, unless certified by the Superintendent of Sanitary Inspection, and the Comptroller shall not pay any bill or money for the work of street cleaning, either by contract or otherwise, unless the same shall be audited and ap- proved, as herein provided, and approved by the City In- spector, and paid upon his requisition; and no payments chargeable to any appropriation to be disbursed or ex- pended by the City Inspector's Department, shall be made? by the Comptroller, unless so approved by the City In- spector. 38. The " Superintendent of Sanitary Inspection" shall, in all matters be under the direction, control and supervi- sion of the City Inspector, and the " City Inspector" may approve or disapprove all accounts certified by him, and by whom alone all requisitions upon the " Comptroller" for payment thereof, shall be drawn. rSa k o/sS" ^' T nere sna ^ ke two c l er ks i n this bureau, to be de- tfo? &c nspec " Dominated First and Second Clerks to the " Superintendent of Sanitary Inspection," who shall keep the accounts there- of, and prepare all estimates and other papers appertain- OF THE CITY INSPECTOR'S DEPARTMENT. 165 ing thereto, and who shall perform such other duties con- nected therewith as shall be directed by the Superintendent of Sanitary Inspection. The First Clerk shall receive annu- ally for his services twelve hundred and fifty dollars, and the Second Clerk shall receive an annual salary of one thousand dollars. There shall also be a " Ticket and "a Complaint Clerk" in said bureau, who each shall receive an annual salary of eight hundred and fifty dollars. 40. There shall be an ; ' Inspector" in each ward of the sjreetinspec- city, to be called the " Street Inspectors/' whose duty it shall be, under the direction of the " Superintendent of Sanitary Inspection/ 7 to attend to the condition of the streets in the various wards for which they were appointed, and to report to the " Superintendent of Sanitary Inspec- tion" the condition of the streets, and all violations of any contract for street cleaning, and shall each receive for his services the sum of three dollars per day. 41. There shall be in said bureau of " Sanitary Inspec- inspectors of J meats, and tion and Street Cleaning' 7 an " Inspector, and seven assist- articles of food aiid pro- ant inspectors of meats and articles of food and provision," vision - whose duty it shall be, under the direction of the " City Inspector 7 ' and the "Superintendent of Sanitary Inspec- tion" to visit and inspect all " slaughter houses," " meat shops/ 7 " butcher shops/' poultry and fish stands, stores or other places kept for the sale .or exposure for sale, of any kind of meats, poultry, fish or any articles of provision or food, in any place in the city other than the " public mar- kets/ 7 and seize and remove any and all unsound, unhealthy, putrid or unwholesome veal, beef, pork, fish, poultry, or any article of food, and to take all measures for the detec- tion and prevention of the sale of all such unsound, un- wholesome articles of food, and to secure a strict enforce- ment of the laws and ordinances relative thereto; and make 166 OF tfHE CITY INSPECTOR'S DEPARTMENT. full report, of the same to the said Superintendent. The salary of the " Inspector" shall be the sum of one thousand dollars per annum; the salary of each Assistant shall be nine hundred dollars per annum. Complaint & 42. There shall be a clerk in this bureau, who shall be ' called the " Complaint and Pay-roll Clerk to the Superin- tendent of Sanitary Inspection," and perform such duties relative to the complaints and pay-rolls of the street clean- ing branch of the said bureau, as said Superintendent may direct, who shall receive an annual salary of six hundred dollars. superintend- 43. .There shall also be an officer in this bureau, to be cut of s-cav- en geM ,cart5, ca lled the " Superintendent of Night Scavengers' carts and dumping piers," whose duty it shall be to inspect all night scavengers 7 carts, and superintend the removal of night soil at the several piers set apart for that purpose, who shall receive the sum of three dollars per day. Health war- 44. The Health Wardens of the city shall perform such services in the investigation, abatement and removal of nuisances as the City Inspector or the Superintendent of Sanitary Inspection shall or may direct, and they shall be appointed as by law provided, and shall each receive the sum of three dollars per day. ARTICLE IV. OP THE BUREAU OF MARKETS. superintend- 45. This bureau, the chief officer of which shall be entof ilark- ete - called the " Superintendent of Markets," is charged with the duty of superintending the public markets, the inspec- tion, regulation and management thereof, and of the trans- ferring stalls and stands, and all other stalls and stands therein, and shall receive an annual salary of two thou- sand dollars. OP THE CITY INSPECTOR'S DEPARTMENT. 167 46. The Superintendent of Markets shall, before en- His Bond, tering upon the duties of his office, execute a bond to the Corporation, with one or more sureties, to be approved by the Comptroller, in the penal sum of two thousand dol- lars, conditioned for the faithful performance of the duties of his office. 47. He shall, from time to time, visit the several mar- Duties of su- perintendent kets, and examine the condition thereof; shall advise and of Markets. direct the Clerks thereof concerning the regulation of the same; shall examine the provisions, vegetables, and other articles of food exposed for sale in the markets or other places, and when he has reason to suspect them to be un- wholesome or unfit to be exposed for sale, shall order or cause them to be removed. 48. He shall, with the consent of the City Inspector, ibid, from time to time, recommend for license as butchers, such persons as may be proper; and upon such recommendation, the Mayor may, from time to time, issue licenses, under his hand and seal, to the persons named therein, to exer- cise and carry on the trade and business of a butcher, in such places as may be designated in the license, but not elsewhere. 49. He may, with the consent of the City Inspector, ibid, grant permits, in writing, to such persons as maybe proper, to sell meat by the quarter, in such part of the public markets, respectively, as may be designated for that pur- pose, and which persons shall be known as Permit Butchers; and he may, at any time, with the like consent, annul such permits; but no such permit shall be granted to a person who holds a license from the Mayor, to exercise the trade or business of a butcher. 50. He may, with the consent of the City Inspector, iwd. grant permits, in writing, to such persons as may be proper, 168 OF THE CITY INSPECTOR'S DEPARTMENT. at a daily rate, to be mentioned therein, to occupy stands in the public markets, and may, at any time, with the like consent, annul such permits. pe U Send f e S nT 51 ' He mav > Wli ^ tne consent of the City Inspector, appoint proper persons to remove dirt and filth from the public markets, and to perform such other services about the public markets as are necessary to cleanse the same> at a specified compensation, and may, with the like consent, at any time remove them, or appoint others in their stead. 52. For the purpose of defraying the expenses to be incurred in pursuance of the last section, the Superin- tendent of Markets may, by a requisition, to be counter- signed by the City Inspector, draw upon the Comptroller for a sum not exceeding two hundred dollars. 53. He may, in like manner, renew the draft as often as may be neceissary, but no such renewal shall be made until the money paid upon the previous draft shall be ac- counted for to the Comptroller, by satisfactory vouchers for the expenditure of the money paid thereon. Ibid ' 54. When a draft shall be made upon the Comptroller, in conformity with the last two sections, he shall draw his warrant in favor of the Superintendent of Markets for the amount thereof. ^ ld> 55. The Superintendent of Markets is specially charged with the enforcement of all laws of this state, and all ordr nances and resolutions of the Common Council, regulating the Markets, and is required forthwith to report to the Corporation Attorney all violations of the same. m *- 56. He shall, from time to time, report to the City Inspector, the condition of the several markets, and shall, at all times, be under the direction and control of that officer. OP THE CITY INSPECTOR'S DEPARTMENT. 169 57. It shall be the duty of the Superintendent of Mar- kets to prepare a register or list of all permanent stalls or stands of the several markets; the name of those occu- pying, and the fee or rent per week or month paid for the same; and the Superintendent, under the direction of the City Inspector, for that purpose, shall have the power to arrange and re-number the stands or stalls in the several markets, and equalize the rents or fees thereof; and the occupants of such stands or stalls shall immediately, at their own expense, cause numbers to be placed thereon. A copy of such register or list shall immediately after the same has been prepared, be filed by said Superintendent with the Comptroller, and all returns of market rents or fees shall be made in accordance with such register or list. 58. No transfer or assignment of any stall or stand in gJ5 fer ** any of the public markets shall be made without written permission of the City Inspector and the Superintendent of Markets, and such transfer duly entered upon such register or list, and notice thereof given to the Comp- troller, who shall consent to such transfer before any re- moval can be made of such transfer. In case of any person being removed, or any permit being annulled, the party or parties in interest shall have the privilege of making an appeal to the Common Council on any decision made by the City Inspector concerning such removal. 59. There shall be' a Clerk to the Superintendent of ^i Markets, to keep the books of said bureau, under the di- of rection of the City Inspector and Superintendent of Mar- kets, at an annual salary of eight hundred dollars, who shall render such services as may be required by the head of the Department or the chief officer of the bureau. GO. There shall be a Clerk to each of the public mar- kets in the city of New York and a Deputy to the Clerks 12 170 OP THE CITY INSPECTOR'S DEPARTMENT. of Washington and Fulton markets, respectively, each of which Clerks and Deputy Clerks shall be an officer of the Bureau of Markets, and shall perform such duties as now are, or may hereafter by ordinance or resolution be con- ferred upon them. cSksof 61 The Clerks of Markets shall, respectively, before entering upon the duties of their office, execute a bond to the Comptroller, in the penal sum of one thousand dollars, conditioned for the faithful performance of the duties of their respective offices. 3Ste " 62. The Clerks of Markets shall collect daily the mar- Markets. j^ f QQS an( j TQIi ^ which shall have become due in their respective markets, and shall, on Thursday in each week, render an account thereof, under oath, to the Comptroller, containing the amounts received, and when paid, and shall thereupon pay over the amount so received to the Cham- berlain. 63. They shall also thereupon, respectively, receive from the Chamberlain a voucher for the payment thereof, which they shall forthwith, on the same day, exhibit to the Comptroller, and shall at the same time leave with him a copy thereof. ftld - 64. They shall cause all the dirt and filth which shall accumulate in the public markets, and the limits thereof, to be removed daily by the persons appointed for that pur- pose, as prescribed by section 51. 65. They may suspend any person having a stated stall or stand in a public market, to which they are re- spectively attached, or occupying a part thereof, or of the street adjoining the same, from occupying or using any 171 part of such market or street, whether he be a licensed butcher or not. 66. Immediately upon such suspension, the Clerk "cSS^r making the same shall report the facts thereof, with the Markets> reasons for the suspension, to the City Inspector, who shall hear the same upon sufficient notice to the person suspended, and an opportunity afforded him to be heard in his defense, and whose decision upon the matter shall be final, pro- vided the Mayor shall approve the same. 67. The Clerks, and Deputy Clerks created by this Duties of chapter, shall be subject to the control and supervision of the City Inspector, and shall, from time to~time, report to him such matters as may be necessary or proper, respect- ing the condition of the markets. 68. They are also charged with the enforcement of iwd. all ordinances and resolutions of the Common Council ap- pertaining to their duties, respectively, and are required forthwith to report to the Corporation Attorney all viola- tions thereof. 69. The Clerk of Washington market shall receive an salaries o/ Clerks of annual salary of one thousand dollars ; the Deputy Clerk Markets. of Washington market an annual salary of eight hundred dollars ; the Clerk of Fulton market an annual salary of nine hundred dollars ; the Deputy Clerk of Fulton market an annual salary of seven hundred and fifty dollars. 70. The Clerks of Catherine, Essex, Union, Jefferson, ibid Tompkins, Clinton and Centre markets shall each receive the sum of two dollars per day. The Clerks of Franklin and Gouverneur markets the sum of one dollar and fifty cents per day. J72 OF THE CITY INSPECTOR'S DEPARTMENT*. ARTICLE V. OP THE BUREAU OF RECORDS AND STATISTICS. fSSSSt wl 71. The chief officer of this bureau shall be called the Hi'buy. a "' 1 " Registrar of Records," and is charged with the duty of keeping all returns of inquisitions taken by the Coroners of the city and county of New York, which shall be made or returned, as by law provided, and the records of births, marriages and deaths, and such other records as may be by law or ordinance required to be kept in this depart- ment; the granting and recording all burial permits, and permits for the disinterment of the remains of deceased persons, and the preparation of all documents, or reports of said department, relating to said bureau; and the keep- ing of all such books, accounts or records, and perform iSuch other duties as the City Inspector may, from time to vtirae, direct; and he shall assist the City Inspector in the performance of the duties imposed upon that office, and for :that purpose he shall possess, in relation to the duties of his bureau, all the powers which are now, or may here- : after be conferred by ordinance upon the City Inspector, relative thereto, and shall receive an annual salary of .twelve hundred dollars. f*md ami du- 72. The Registrar of Records before entering upon the duties of his office, shall execute a bond to the Corpo- ration, with one or more sureties, to be approved by the Mayor, in the penal sum of two thousand dollars, condi- tioned for the faithful performance of the duties of his office. He shall keep or cause to be kept, under the di- rection and supervision of the City Inspector, all records herein mentioned, and prepare all reports, documents and papers, and keep all books and accounts appertaining to said bureau, and he shall perform such other duties con- nected with the department as may be required by that OP THE CITY INSPECTOR'S DEPARTMENT. 17 Si- officer. There shall be a Clerk in this bureau, to be called the Clerk to the Registrar of Records, who shall perform such duties appertaining thereto, as shall be directed by said Registrar of Records, who shall receive an annual salary of one thousand dollars; there shall also be one Burial Permit Clerk and one Recording Clerk, each at an annual salary of eight hundred dollars. ARTICLE VI. OP THE BUREAU OP WEIGHTS AND MEASURES. 73. There shall be a bureau in the City Inspector's Department denominated the Bureau of Weights and Measures, which shall have cognizance of and perform all the duties and possess all the powers and receive compen- sation as now by law prescribed.* 74. There shall be appointed by the City Inspector four Inspectors of Weights and Measures and two Sealers of Weights and Measures, who shall hold office upon the same terms as chiefs of bureaux. 75. Each of said Inspectors of Weights and Measures Bond- shall, before entering upon the duties of his office, execute to the Mayor, Aldermen and Commonalty of the city of New York a bond in the penal sum of two thousand dol- lars, with one or more sufficient sureties, conditioned for the faithful performance of the duties of his office. * For duties and compensation of Inspectors and Sealers, see chapter ntitlad " Weights and Measures." EXECUTIVE DEPARTMENTS, (MISCELLANEOUS PROVISIONS.) CHAPTER VIII. MISCELLANEOUS PROVISIONS RESPECTING THE EXECUTIVE DEPARTMENTS AND THEIR OFFICERS. ARTICLE I. OP THE OFFICERS OF THE DEPARTMENTS" AND BUREAUX, AND THEIR ACCOUNTABILITY. II. OF CONTRACTS FOR SUPPLIES AND WORK FOR THE CORPORATION. ARTICLE I. OF THE OFFICERS OF THE DEPARTMENTS AND BUREAUX, AND THEIR ACCOUNTABILITY. forms of of- i. The terms of office of the several officers not herein fico. provided for, shall be as provided by the laws of this state- 2. The Mayor shall appoint, by and with the advice and consent of the Board of Aldermen, all officers whose appointment is not, by the laws of the state, or herein otherwise provided for. 3 j[ officers of the Executive Departments shall, be- fore they enter on the duties of their respective offices, take and subscribe before the Mayor, and file in his office, the following oath or affirmation. "I do solemnly swear, (or affirm, as the case may be), that I will support the Constitution of the United States^ and the Constitution of the State of New York; and that I will faithfully discharge the duties of the office of , according to the best of my ability." S5poffin f 4. No person or persons shall be eligible to any ap- pointment under the Common Council of the city of New York, unless he or they shall, at the time of such appoint" EXECUTIVE DEPARTMENTS, (MISCELLANEOUS PROVISIONS.) 175 ment, be actual residents of the city and county of New York. 5. In all cases, except where this ordinance otherwise vouchers for provides, the heads of departments and other persons ap- plying to the Comptroller for warrants for money to be by them disbursed, shall furnish that officer with the fol. lowing vouchers: 1. When a payment shall have been completed by the signing of a pay-roll, the pay-roll, or a copy there- of, signed by the party receiving money, shall be filed with the Comptroller. 2. When a demand shall have been settled by giving a receipt, the receipt, or a copy thereof, signed by the party receiving the money mentioned therein, shall be filed with the Comptroller. 3. When payments are made for supplies furnished for the use of the Corporation, the original bill, or a copy thereof, with a receipt thereon, signed by the party receiving the money mentioned therein, shall be filed with the Comptroller. 4. When supplies have been furnished, or work done, not coming within any particular department, and which, in their nature, are not subject to any general regulation, the account therefor shall be accompanied by an affidavit that the supplies have been furnished or work done, and that the charge therefor is in all respects just, which shall be filed with the Comptroller. 6. All officers, or other persons, to whom the collec- COMCC uonj* tion or receipt of public moneys is intrusted, and who are required by the laws of this state, or by any ordinance of the Common Council, to pay the same to the Chamberlain, confirmed by the Common Council, and on work now in progress, under contracts on account of regulating and paving streets, building sewers, and all other work ordered to be done by contract, by virtue of ordinances of the Com- mon Council, shall be paid by the Comptroller, from the proceeds of Assessment Bonds, issued in accordance with the act of the legislature, passed April 16, 1852; but no moneys shall be paid on account of said assessments or contracts until a copy of the original contracts has been filed with the Comptroller of the city by the head of de- partment having such work in charge, with a certificate, in writing, from the head of such department, stating the EXECUTIVE DEPARTMENTS, (MISCELLANEOUS PKO VISIONS.) 1 85 Amount of work that has been completed, and the amount due the contractor for such work, acording to the terms of the original contract; upon the amount thus certified and ascertained to be due to the contractor, the Comp- troller shall pay seventy per cent. the remaining thirty per cent, to be reserved until the final completion of the contract. 30. For the purpose of providing for the payments JJP^ siou I r contemplated under this ordinance, it shall be the duty of |!JJ tr * te pay ' the Comptroller, from time to time, to borrow such sums as may be necessary, (as provided in the act entitled " An act to authorize the Mayor, Aldermen and Commonalty of the city of New York to issue Assessment Bonds," passed April 16, 1852,) upon bonds to be known as " Assessment Bonds," at a rate of interest not to exceed seven per cent, per annum; and the bonds so issued shall be paid from the collections made on the assesment lists, when confirmed by the Common Council, and which are hereby specifically pledged for such purpose ; and the contractors to whom payments shall have been made, in accordance with the provisions of sections 28 and 29 of this chapter, shall, upon the final payment of the amount due upon their several contracts, be charged at the rate of seven per cent, per annum, for all sums that may have been advanced to them, as provided in the foregoing sections of this ordi- nance; and it shall be the duty of the Comptroller to deduct from the amount due on each contract, the interest money so charged. 31. Whenever any payment shall become due upon certificate -of f amount due any contract, according to -the provisions thereof, or in n contract, accordance with any of the provisions of these ordinances, it shall be the duty of the head of department having such work in charge, to furnish to the person or persons en- 13 186 EXECUTIVE DEPARTMENTS, (MISCELLANEOUS PROVISIONS.) titled to such payments, a certificate, in writing, signed by the head of such department, specifying the contract upon which such payment is due, and the amount due upon such contract. 2&SSL o n f 32 - Tt snal1 be the dut 7 of the Comptroller, on the amount due. presentation of such certificate being made to him, to pay the amount thereof, and indorse such payment upon the contract upon which said payment is made; but no payment shall be made upon such contract beyond the amount thereof, and the final payment thereon shall not be made until the head of department having such work in charge, shall furnish the Comptroller, who shall file the same in his office, a certificate, signed by the head of such depart- ment, that the work mentioned in such contract has been completed according to the terms of said contract, and to the satisfaction of the head of department giving such certificate. The final payment upon any such contract shall be at least thirty per cent, on the amount thereof, and the certificate of such final payment shall not be given until the assessment for said work shall be confirmed by the Common Council. SSent fAs " 33 ' The Comptroller shall keep a record of all bonds so issued, specifying the particular work on account of which the same may be issued, and all moneys collected on account of any work, for the payment of which said bonds were issued, shall be faithfully applied as aforesaid; and all sums thus received by the Comptroller, for interest, from the contractors beyond the amount paid as interest, upon the assessment bonds, contemplated by this ordinance, shall be paid into the Sinking Fund pledged for the redemption of the city debt. ' extract*, 34. Sections 28 to 34 shall apply only to contracts of ten thousand dollars and over. Contracts involving an pid. expenditure of less amount than ten thousand dollars may EXECUTIVE DEPARTMENTS, (MISCELLANEOUS PROVISIONS.) be paid by the Comptroller, with assessment bonds, issued in accordance with the state law of April 16, 1852, in the manner prescribed by these ordinances, only upon the confirmation of the assessment by the Common Council. And it is also hereby expressly provided that, hereafter, when the Street Commissioner and Comptroller, or either of them, have reason to believe that the assessable pro. perty is insufficient to provide for its full payment by an assessment made in compliance with the laws of the state, and the ordinances of the Common Council, it shall be the duty of the Comptroller to have a certified copy of the valuation of the property fronting on the avenues or streets embraced in the ordinance, and if the sum required to complete the work is greater than the sum which can be assessed and collected from the property, the work shall not be put under contract, but all the facts, with the opinions of the Street Commissioner and the Comptroller, in relation to the matter, shall be reported to the Common Council, to the end that the payment of all assessment bonds issued under this chapter for the payment of contractors may be amply provided for by the property benefited by the improvement. 35. It shall not be lawful for the several departments contracts not to exceed ap> of the city, and those having charge of expenditures, to make contracts or incur expenditures authorized by the Common Council, to an amount exceeding the several ap- propriations made, unless an appropriation sufficient to cover such excess shall have been made by the Common Council. 36. All resolutions authorizing expenditures to be hereafter made, shall provide for defraying the same from the general appropriations for the year; but in case any special appropriation shall be made for any object of ex- penditure under any of the several heads of accounts, the 188 EXECUTIVE DEPARTMENTS, (MISCELLANEOUS PROVISIONS.) same shall be considered as forming a part of the several heads of accounts and of the general appropriation. work f do f ne the ^ - Each and every contractor shall be required to have an affidavit from the Surveyor, setting forth the amount of work done of every description, that may be charged in each bill or assessment list of said contract, and that said affidavit be attached to said assessment list; also, that the Inspector be requested to furnish an affida- vit attached to each contract, that the said work is done according to the plan and specifications ; said affidavit to be attached to each assessment list before presented for confirmation. lSs rs n 38 - Tne Street Commissioner is authorized and di- rected to purchase the materials necessary to make the repairs required to the roads; the said materials to be de- livered at points on the roads where the repairs are re- quired; and is authorized and directed to employ such labor as may be necessary, to distribute such materials, and make such repairs without contract. NOUOC toyar- 39. it shall b e the duty of heads of appropriate depart- ments, on application being made to the Common Council for any object or measure, the expense of effecting which is by law directed to be assessed upon the property bene- fited, or for any change or alteration of the established grade or height of any street or avenue, to give notice in the newspapers employed by the Corporation of such ap- plication, requesting such as may object to such applica- tion, to present the same in writing, at the office of said department, on or before the expiration of ten days from the date of such notice. Payment of 40. In all cases of delinquency in the payment of any contractors. ass essment for work done, under a contract made by any contractor with the Corporation, in respect to any street EXECUTIVE DEPARTMENTS, (MISCELLANEOUS PROVISIONS.) 189 or road, and in respect to the building of wharves, piers, slips and sewers in this city, and in all such like contracts, on a final settlement with every such contractor, there shall be allowed and paid to such contractor all interest money which shall have been collected on his account or contract, first deducting the collector's commissions on so much of the said interest as shall have been collected and received by him. 41. In all contracts for work done at the expense, FUII payment may bemade and by the said the Mayor, Aldermen and Commonalty, ^contractor* * J J ' in certain ca- for the more speedy execution of any by-laws, ordinances, ses> orders or directions of the said Mayor, Aldermen and Commonalty, and which, by any law the said Mayor, Aldermen and Commonalty are authorized to collect, by assessment or otherwise, from the owners or occupants, lessees or parties interested in any property deemed bene- fited thereby, provision shall be made for the payment of the amount of said contract, on the completion of the work to the satisfaction of the department making such contract. 42. It shall be lawful for the department making any contract, of the character mentioned in the preceding sec- tion of this chapter, to make provision for the payment to any contractor of installments on account of such work, as the same progresses, reserving ten per cent, of the con- tract price of the work actually done, to remain as security till the whole work be completed according to the contract. 43. The Street Commissioner shall hereafter insert a contract building clause in all contracts for building piers and bulkheads, P ier8 > &(X or repairing the same, that no more timber or other mate- rials shall be deposited in the slips or basins than is ne- cessary for the completion of the work specified in the contract. 190 OP THE SINKING FU-ND. CHAPTER IX. OF THE SINKING FUND. ARTICLE I. OF THE SINKING FUND FOR THE REDEMPTION OF THE CITY DEBT. II. OF THE SINKING FUND FOR THE PAYMENT OF INTEREST. III. OF THE OFFICERS OF THE SINKING FUND. IV. OF THE DISPOSITION OF REAL ESTATE. V. OF THE VALUATION AT WHICH REAL ESTATE SHALL BE SOLD. ARTICLE I* OF THE SINKING FUND FOR THE REDEMPTION OF THE CITY DEBT, K c for f the 1 - ^ moneys heretofore received, and hereafter to St?SS!t. b e received, from the following sources, are hereby pledged, appropriated to, and constitute and form, a fund called " The Sinking Fund of the City of New York, for the redemption of the City Debt," until the whole of the stocks of the city of New York shall be finally and fully redeemed, namely : * The following note is taken from the edition of the Corporation Ordinances revised and published in 1845. On the 9th of August. 1813, the Common Council passed the first ordinance creating the Sinking Fund. (See MSS. Book of Ord. March 9, 1812, p. 293.) This ordinance does not appear in any printed edition of the Corporation Ordinances, but with some slight variations, is the same as those appearing in the revisions of 1817, 1821, 1823, 1827 and 1834, p. 219. The Revision of 1839, p. 140-145, contained the same ordinance with some variations. The whole subject has, however, been revised in the present ordinance, the general .objects of which are thus stated in the report of the Finance Committees of both Boards, presented to the Board of Aldermen, December 29, 1843. (Doc. Board of Aldermen, vol. 10, p. 593.) Speaking of the present ordinance, the Committee observe : " The present ordinance aggregates, with some amendments, the propriety of which OP THE SINKING FUND. 191 1st. For commutation of quit-rents on grants. 2d. For quit-rents arising from such grants as were issued prior to the year one thousand eight hundred and four. 3d. The net proceeds of all sales of real estate be- longing to the Corporation, when sold, 4th. The neu proceeds of all bonds and mortgages payable to the Corporation, when collected. 5th. For licenses to pawnbrokers, and dealers in the purchase or sale of second-hand furniture, metals or clothes. 6th. For hackney coach licenses, and street vaults. 7th. For exclusive occupation of private wharves, basins and piers. 8th. For market fees and market rents. 9th. The proceeds of all bonds and mortgages which may have, or shall become, the property of the Corpora- tion, in pursuance of the ordinance creating " The Fire Loan Stock of the City of New York." experience has suggested, all ordinances of the city relating to the Sinking Fund. Existing ordinances provide only for the administration of the fund as it comes into the Commissioners' hands, in cash. The proposed ordinance, in addition to this, is intended to establish a permanent policy in the management and sale of the unconverted pro- perty of the city, pledged to the Sinking Fund. The objects to which this fund ought to be devoted are two-fold : one, for the liquidation of the principal of the city debt ; and the other, the payment of interest, as it accrues. This has already been legislated upon by the State Government. It is enacted that the revenues assigned by the Cor- poration for the extinguishment of the debt, be permanently pledged for that purpose. The ordinances of the Corporation fully re -pond to this. It has likewise been enacted, that all other revenues of the Corporation, be pledged to the payment of the interest thereon ; and in the same law, the State pledged themselves to pass all other necessary laws to levy a proper tax, in case these revenues should at any time prove insufficient. These revenues were sufficient, until the creation of the Water Debt, and thereupon, the legislature, in conformity with its pledge, passed a permanent law for the levying of this deficiency annually. The Corporation, although it has paid the interest, has never passed, in the form of an ordinance, a provision in conformity with the State pledge ; and tliis ia proposed in the ordinance now submitted by your Committee." 192 OP THE SINKING FUND. 10th. The buildings included in the establishment called the Alms-house, at Bellevue, together with the lots of land and water rights attached thereto, when sold, and the rents, when leased. llth. Such portions thereof of the annual taxes levied in the city and county of New York, as may be collected for the redemption of the " Floating Debt Stock of the City of New York," and " TMe Fire Indemnity Stock of the City of New York." 12th. All such other sources of revenue or sums of money as the said Corporation shall hereafter think proper to appropriate to said fund. ARTICLE II. OP THE SINKING FUND FOR THE PAYMENT OF INTEREST ON THE CITY DEBT. sourcesofihe 2. All moneys hereafter to be received from the folio w- fund for a- sources, are pledged, appropriated and applied to, and constitute and form a fund, to be called "The Sinking Fund of the City of New York," for the payment of the interest accruing and to accrue upon the stocks of the city of New York, until the same shall be fully and finally redeemed, namely : 1st. For interest on all bonds and mortgages owned by the Corporation. 2d. For commutation of alien passengers. 3d. For Mayoralty fees. 4th. For fines and penalties. 5th. For fees and fines collected by the Clerks of Courts for the Corporation. 6th. For rents from all sources not already pledged. fund for pay Sweat f in OP THE SINKING FUND. 193 7th. For tavern and excise licenses. 8th. For sales of all property of the Corporation other than real estate. 9th. Such portion of the annual taxes levied in the Water District of the city of New York as may be col- lected to supply the deficiency of interest accruing on the Water Stocks of the city of New York. 10th. Nothing in this chapter shall be so construed as to impair or affect any pledge heretofore made and now existing, of any property or its proceeds embraced in this chapter, or in the ordinances relating to the city debt. ARTICLE III. OF THE OFFICERS OF THE SINKING FUND. 3. The Mayor, Recorder, Comptroller and Treasurer commission- of the said city, and the Chairman of the Finance Com- sinking fund. mittee of the Board of Aldermen, and the Chairman of the Finance Committee of the Board of Councilmen, for the time being, shall constitute and be denominated "The Commissioners of the Sinking Fund of the City of New York.' 7 h 4. Any four or more of the persons named in the third ibid, section of this article, of whom the Comptroller shall be one, shall be and are hereby authorized to discharge the trusts and duties vested in them by this chapter. 5. All purchases to be made of the city stocks, shall commission 6 be made by, or under the direction of the Commissioners ers - of the Sinking Fund as herein and hereby constituted. 6. The said Commissioners shall, from time to time, n>i<*. invest the moneys which shall constitute the Sinking Fund, for the redemption of the city debt, or as much as they 194 OF THE SINKING FUND. can in the purchase of stocks created by the Corporation of the city of New York, at the market price, not exceeding the par value thereof ; and if, at any time, such investments cannot be made at par, then the said Commissioners shall be authorized to invest the said moneys, or such part thereof as they may see fit, either in the purchase of the said stock or the stock of the State of New York, or the stock of the United States, notwithstanding such stock may be above the par value thereof. Duties OF the 7. The powers conferred on the said Commissioners in Commission - ers - the preceding section of this article, shall be so construed as to render it imperative on the said Commissioners, at all times, to give preference to the purchase of City Stock, if the same can be procured at a reasonable rate. * and, 8. Whenever the said Commissioners shall have in- vested any part of the said fund in the purchase of the stocks of this state, or of the United States, and shall at any time thereafter be enabled to purchase any of the city stocks at such prices as they may jucjge best for the public interest, they shall forthwith sell and dispose of the same, and invest the said stocks of the state, or of the United States, or the net proceeds thereof, in the City Stock, if, in their opinion, such disposition would be beneficial to the public interest. ti>ui 9. Whenever the said Commissioners shall have in- vested any part of the said fund in the purchase of city stock, and shall at any time thereafter be enabled to pur- chase any of the city stock, which shall be by its terms redeemable at an earlier day, they may forthwith sell the same, and invest the net proceeds in such other city stock, if, in their opinion, such exchange shall be desirable and beneficial to the public interest. 10. Whenever any of the moneys constituting "The OF THE SINKING FUND. 195 Sinking Fund 7/ * for the redemption of the city debt shall be required for any such purchases or investments as are in this article before-mentioned, or for the redemption of any of the city stocks at their maturity, the amount of money respectively required shall be paid from the treasury, by warrant signed by the said Commissioners, or any four of them, the Comptroller being one. 11. All stocks and securities which shall be purchased p aties of lli e CoinmirfMon- by the said Commissioners, shall be transferred to the said ers - Commissioners; and all transfers thereof, when disposed of pursuant to the provisions of this chapter, shall be made by the said Commissioners, or any four of them, of whom the Comptroller shall be one. 12. The City Stock which shall be purchased by the ibid. Commissioners, shall not be canceled by them until the final redemption of the said stock, and all interest accruing thereon, shall regularly be carried to the said Sinking Fund for the redemption of the city debt. 13. The revenues herein assigned for the redemption ibid. of the city debt, shall be kept distinct from all other revenues belonging to the said Commissioners. 14. All moneys constituting the fund for the payment Ibid - of the interest on the city debt, whenever required to meet such interest, shall be drawn from the treasury in the man- ner prescribed in section 10 contained in this chapter. 15. Nothing in this ordinance shall be so construed as n>d- to prevent the said Commissioners from temporarily in- vesting the unemployed moneys belonging to the Sinking Fund in the temporary bonds of the Corporation. 16. It shall be the dutv of the Comptroller to keep a Journal and report of Com correct journal ot the proceedings of the said Commis- sioners, to be verified by any four of them, himself being 196 OP THE SINKING FUND. one, and once in each year, or oftener if required, to ren- der unto the Common Council a full and detailed report of the proceedings of the said Commissioners. oSSon- 17 - The said re P rt sha11 specify the disbursements, purchases, exchanges and sales, made by the said Commis- sioners, the prices at which, and the parties from whom such purchases, with whom such exchanges, and to whom such sales shall have been made, the amounts and descrip- . tion of the stocks of this city purchased by the said Com- missioners, the amounts and description of the stocks of this state, and of the United States then held by them; the amounts paid for interest on the City Stocks, with a de- tailed statement of the receipts and the unemployed moneys in the City Treasury to the credit of each division of the Sinking Fund. construction. jg. The terms " City Debt," and " City Stock" used in this article, shall be construed to mean any stock or fund created by the Corporation of the city of New York. ARTICLE IV. OF THE DISPOSITION OF REAL ESTATES. Si pt take r 19 - Ifc sha11 bc tlie dut y of said Comptroller to take eS e freal charge of all the real estate belonging to the Corporation, and to prevent all encroachments thereon. &??'an f d d co d r s 20 - Tt slia11 be the dut 7 of said Comptroller to keep stock? 8 a ll title deeds, leases, bonds and mortgages, and other as- surances of title, and all certificates of stock belonging to the Sinking Fund. f 21. It shall be the duty of said Comptroller to super- intend the collection of all rents, interests and demands, due the said Sinking Fund, and to direct all necessary OF THE SINKING FUND. 197 measures to compel the payment of them, and report the condition of the same to the Common Council quarterly. 22. It shall be the duty of the said Comptroller to consent, in the name, and behalf of the Corporation, when- ever he deems it proper, that the lessee or assignee of any lease made by the Corporation, may assign such lease or underlet the demised premises ; but no such consent shall be given unless all arrears of rent be paid in full, and all taxes and assessments due thereon. 23. It shall be the duty of the said Comptroller, under the sanction of the Commissioners of the Sinking Fund, to !uga ' appoint appraisers on behalf of the Corporation, to settle the rent on renewal of any leases, or the value of the build- ing to be paid for on the expiration of any lease in which the Corporation is, or shall be interested, whenever by the provisions of such lease the appointment of such appraisers is required. 24. The said Comptroller is hereby authorised, with o the sanction of the said Commissioners, to assign any bond Mort * a s es - or mortgage held by the Commissioners of the Sinking Fund, to any person or persons who may elect to take such assignment, upon the payment in full of the principal and interest due on said bond and mortgage; and the Mayor and Clerk of the Common Council are hereby authorized and directed to execute, under their hands and seal of the city, any such assignment, upon evidence being exhibited to them, showing that the principal and interest of such bond and mortgage has been paid into the treasury of said city . to the credit of the Commissioners of the Sinking Fund. 25. Upon the payment of any bond and mortgage in Paymeut ot Bonds and full, it shall be the duty of the said Comptroller to pre- Mo.t^ges. pare and cause to be executed, a proper satisfaction of such bond and mortgage, and the said Mayor and Clerk of the 198 OP THE SINKING FUND. Common Council are hereby authorized to execute the same, upon the production of evidence that the same has been paid, as provided in the preceding section of this article. But no release of any part of the premises contained in such mortgage, from the lien created by such mortgage thereon, shall be made or executed by them. oroSt^rems 1 ^' Whenever any person or persons may desire to commute any quit-rent due the Corporation, it shall be the duty of the said Comptroller to calculate such commuta- tion at the rate of six per cent., and upon the production of evidence that the same and all arrears of rent have been paidinto the treasury, as provided in section 24, of this chapter, it shall be the duty of the Mayor and Clerk to exe- cute a release of such quit-rent. ttTe r ro a crt ^' Whenever any property belonging to the Corpora- tion is unproductive, or the term for which it may have been leased or let shall have expired, or be about expiring, it shall be the duty of the said Comptroller, to let the same for* a term not exceeding one year, as provided in the next succeeding section, if, in his judgment, it will be beneficial to the public interest to do so. of 28. Whenever, in the judgment of the said Cornptrol" Property. ler, it shall be more advisable to lease property belonging to the Corporation, it shall be his duty to communicate ( the same, with his reasons therefor, to the Commissioners of the Sinking Fund, and if they concur with him, they are hereby authorized and empowered to lease the same in such manner as they may deem most fit for the interest of the city, conforming in such leasing to the provisions of the act, entitled " An act further to amend the charter of the city of New York," passed April 14, 1857, and upon the production* of a certificate signed by a majority of said Commissioners, of whom the Comptroller shall be one, it OF THE SINKING FUND. 199 shall be the duty of the said Mayor and Clerk of the Com- mon Council to execute such leases under their hands and seal of the city; said lease to be submitted to the Common Council for their sanction before being executed. 29. In all cases of grants hereafter to be made, ofgjjyjj^ lands under water on the shores of the island of New water% York, or on the shores of Long Island, and within the limits of the various charters of the city of New York, and in all cases of extensions of grants previously made, it shall be the duty of the Comptroller and the Street Com- missioner of the said city of New York, to report to the Commissioners of the Sinking Fund, what sum of money shall, in their judgment, be charged as consideration for such grant, and if the said Commissioners, or a majority of them, shall agree to the terms reported by the said Comp- troller and Street Commissioner, then the said Comptrol- ler shall be, and he is hereby authorized to cause such grants to be issued to the parties who may legally be enti- tled to the same. 30. The preceding section shall not apply to grants to Reservation . grants oncer- be made on the North or Hudson river, between Hammond toin P arts of Hudson river and Thirtieth streets; so far as the consideration money is concerned; but the rates to be charged for grants between said Hammond and Thirtieth streets, shall be as follows : For each running foot along the exterior lines of the present grants (excluding the width of streets), and along the westerly line of the Eleventh avenue (excluding the width of streets) when not granted, viz: For grants between Hammond and Bank streets.. . $20 " Bank and Bethune streets 19 " " Bethune and Troy streets 18 H " Troy and Jane streets 17 " " Jane and Horatio streets. . . 16 200 OF THE SINKING FUND. For grants between Horatio and G-ansevoort streets. 15 " " Gansevoort and Twelfth streets . 14 " " Twelfth street and centre of the block, between Thirteenth and Fourteenth streets 13 " The centre of the block, between Thirteenth, Fourteenth and Nineteenth streets 10 " " Between Nineteenth and Twen- ty-fourth streets 12 " Twenty-fourth and Thirtieth streets, west of the Eleventh avenue 10 payment for 31. No grant shall be made by virtue of this ordinance, grants. * except for a specific consideration, to be paid in cash, or in five annual installments, secured by bond and mortgage on the premises granted, with annual interest, at the rate of seven per cent, per annum. The first installment to be paid on the issuing of the grants. covenants in 32. All grants made by virtue of this ordinance, shall grants. contain the usual covenants, including those in relation to streets or avenues passing through them, and also in rela- tion to bulkheads and wharfage. Baikheads or 33. No grant made by virtue of this ordinance, shall authorize the grantee to construct bulkheads or piers, or make land in conformity thereto, without permission so to do is first had and obtained from the Common Council, and the grantees shall be bound to make such land, piers or bulkheads, at such times and in such manner as the Common Council shall direct, under penalty of forfeiture of such grant, for non-compliance with such directions of the Common Council. OF THE SINKING FUND. 201 34. Nothing contained in the two next preceding sec- Grants on L. Island shore. tions, shall be construed as applying to water grants, to be made on the shores of Long Island. 35. The Commissioners of the Sinking Fund are here- |^ f Real by authorized to sell and dispose of all real estate belong- ing to the Corporation, and not in use for or reserved for public purposes, at public auction, at such times and on such terms as they may deem most advantageous for the public interest, in conformity with the provisions of the statute in this article before referred to, provided, how- ever, that no property shall be disposed of for a smaller sum than that affixed to the description of said property under article fifth of this chapter, and at least thirty days 7 previous notice of the time and place of such sale, including a description of the property to be sold, be published in each of the newspapers employed by the Corporation. ARTICLE V. OF THE VALUATION AT WHICH REAL ESTATE BELONGING TO THE SINKING FUND SHALL BE SOLD. 36. Real estate, under lease, without covenants of aid. renewal, shall not be sold for a less sum than the same may be appraised at by the Commissioners of the Sinking Fund and the Street Commissioner, or a majority of them, at a meeting to be held and an appraisement made, within one month prior to the date of the sale. 37. Real estate, under lease, with covenants of re- ibid, newal, shall not be sold for a less sum than an amount equal to a commutation on the present rents reserved, cal- culated at six per cent. 38. Real estate, not embraced in the last two preced- Ibid - ing sections, shall not be sold for a less sum than the same 14 202 OF THE SINKING FUND. may be appraised at, pursuant to section 36 of this chapter. sales of Real 39. Whenever any real estate shall have been sold Estates. pursuant to the preceding sections of this chapter, it shall be the duty of the Commissioners of the Sinking Fund, or a majority of them, to give a certificate under their hands that the same has been sold pursuant to the provisions of this chapter, and upon the production of such certificate and the evidence that the proceeds of such sale have been paid into the treasury to the credit of the Sinking Fund, for the redemption of the city debt, it shall be the duty of the Mayor of the city and the Clerk of the Common Council to execute proper conveyances of such real estate under their hands and the seal of the City Corporation. OP THE FIRE DEPARTMENT. 203 CHAPTER X. OF THE FIRE DEPARTMENT. ARTICLE I. OF THE DEPARTMENT GENERALLY. II. OP THE CHIEF ENGINEER, THE ASSISTANT ENGI- NEERS AND FIRE WARDENS. III. OF THE FIREMEN AND FIRE COMPANIES, AND HEREIN OF FIRE APPARATUS AND THE MANAGE- MENT AND CARE THEREOF, AND THE REGULA- TIONS TO BE OBSERVED AT FIRES. IV. OF BELL-RINGERS. Y. OF FIRE DISTRICTS. VI. SPECIAL PROVISIONS. ARTICLE I. OF THE DEPARTMENT GENERALLY. 1. The Fire Department shall exercise the powers, perform the duties, and enjoy the privileges imposed and duties conferred on it by the charters of the city and the various acts amending the same; by the laws of this state and by the ordinances of the Common Council. 2. The Fire Department shall consist of a Chief En- Department, of whom to gineer, thirteen assistant engineers, twelve fire wardens, consist - and such number of fire engine men, hose men, hook and ladder men, and hydrant men, who shall be citizens of the United States, of the age of twenty-one years and upwards, as now are or hereafter may be, from time to time, ap- pointed, in the manner required by law, and who shall be respectively distinguished by the several appellations aforesaid. 204 OF THE FIRE DEPARTMENT. ARTICLE II. OP THE CHIEF ENGINEER, ASSISTANT ENGINEERS AND FIRE WARDENS. S2 hXw 3. The Chief Engineer of the Fire Department shall ted ' be elected every three years by the members of the Fire Department, by ballot, and the person receiving the great- est number of votes for the office shall thereupon be enti- tled to a nomination to the Common Council for appoint- ment. Timeofeiec- 4. The election for the selection of Chief Engineer,, under this ordinance, shall take place on the first Tuesday after the first Monday in February, 1860, and thereafter every succeeding three years. powers and 5. The Chief Engineer shall, in all cases of fire, have duties of Chf. ' ' Engineer. -fa Q so le and absolute control and command over all the assistant engineers and other persons connected with the Fire Department. It shall be his duty to direct the other engineers to take proper measures to arrange the several fire engines in the most advantageous manner, and to cause them to be duly worked for the effectual extinguishment of fires. It shall also be his duty to examine, twice in every year, into the condition and number of the fire en- gines, and other fire apparatus and fire engine houses, and report the same once a year to the Common Council, to- gether with the names of all the members of the Fire De- partment, and the respective associations to which they belong. He shall also report in writing to the Common Council all accidents by fire that may take place in this city, with the causes thereof, as well as they can be ascer- tained, and the number of and description of the buildings destroyed or injured, together with the names of the own- ers or occupants. He shall, whenever any of the fire engines, hose carts, trucks and hooks and ladders or other OF THE FIRE DEPARTMENT. 205 apparatus shall require to be repaired, report the same forthwith to the proper officer, and under his direction, superintend the repairs thereof. He shall report all violations or disobedience of orders to the Commissioners of the Fire Department. He is authorized, under the direction of the Common Council, to sell for cash any old and condemned fire engines and hose, deposited at the public yard, and shall pay the money received therefor to the City Chamberlain, and deposit the receipt for such money with the Comptroller. He shall also have such further powers and perform such other duties as are pro- vided in this ordinance. 6. The Chief Engineer shall receive for his salary salary of CM. J Engineer. the yearly sum of five thousand dollars. 7. The nomination of the assistant engineers shall be Assistant En- gineers, how made by the firemen by ballot, every three years, and the appointed. persons receiving the greatest number of votes, shall be respectively entitled to a nomination to the Common Council for appointment to such office. 8. The Common Council may, at their pleasure, or New election for Assistant when a new election shall be asked for by a majority of Engineers. the firemen, order a new election for one or more of such assistant engineers, and the person or persons nominated at such new election shall, when duly confirmed, serve only for and during the remainder of the term or terms of the person or persons in whose place or places he or they may respectively be elected. 9. At least one of the Assistant Engineers to be Residence or Assistant En- elected pursuant to the foregoing provisions, shall reside at Harlem; at least one shall reside east of the Sixth avenue, and between Twenty-second and Eighty-sixth streets; and at least one shall reside west of the Sixth ave- 206 OF THE FIRE DEPARTMENT. nue and between Twenty-second and Eighty-sixth streets. There shall be in all thirteen assistant engineers, and as many more as may, from time to time, be designated by the Common Council. 10. The Assistant Engineers, when attending fires, are- ' Bub " su kject * the directions of the Chief Engineer. Engineers 11. The Chief Engineer and Assistant Engineers shall cap & trum- respectively wear at fires a leathern cap, painted white, with a gilded front thereto, and a fire engine blazoned thereon, and shall also carry a speaking trumpet, painted black, with the words " Chief Engineer," " Engineer No. 1," (as the case may be,) in white, and the same designa- tions shall also be painted on their caps, respectively. vacancy of 12. Whenever a vacancy shall occur in the offices of Engineers. J Chief Engineer or Assistant Engineers, the engineers and the foremen of the fire companies, collectively, shall have power, and it shall be their duty to call a special election and designate the time for holding the same, to the end that a nomination to the Common Council may be made pursuant to these ordinances to supply such vacancy or vacancies. 13. In case of vacancy in the office of Chief Engineer,, the senior Assistant Engineer shall discharge the duties of Chief Engineer until the vacancy shall be filled. eSn at of f 14. It shall be the duty of the Chief Engineer or the gi?eefs nt ] u senior Assistant Engineer, to certify under his hand to the Common Council, the names of the persons who may from time to time, be designated, pursuant to the provisions of the 7th section of this ordinance, for the respective offices for which they may have been nominated, to the end that if approved of by the Common Council, they may be apr pointed. OF THE FIRE DEPARTMENT. 207 15. The engineers and the foremen and assistant fore- Regulation of elections. men of the fire companies shall have power, and it shall be their duty to establish and provide regulations for holding and conducting the elections authorized to be held as aforesaid, and rules for the qualifications of electors thereat. 16. Every fireman, whose appointment as a member who qnaim- of the Fire Department shall have been confirmed three elections. months next preceding the nomination at which he may offer to vote, pursuant to these ordinances, and who shall then be, and for the said three months shall have been, an acting and actual member of the Fire Department, shall be entitled to one vote upon such nomination. 17. The Comptroller is directed to pay no bill of ex- Jg** of penses of any election for Chief Engineer or other engi- limited - neers of the Fire Department, which, including advertising, inspectors' expenses, room-hire, stationery, &c., shall ex- ceed the sum of twenty-five dollars. 18. The Fire Wardens shall be appointed in pursu- Fire ward- ance of the statutes of the state, and when attending fires shall be subject to the direction of the Chief Engineer and the Assistant Engineers of the Fire Department. 19. It shall be the duty of the said Fire Wardens im- Duties of Fire Wardens. mediately on the alarm of fire, to repair to the place where it may be, and aid and assist in procuring supplies of water to the fire engines, as the chief or assistant engi- neers may direct, to prevent the hose from being trodden upon, and to keep all idle and suspected persons at a pro- per distance from the fire and from the vicinity; and the citizens are hereby enjoined to comply with the orders and directions of the said Fire Wardens in the premises, 20. It shall be the duty of said Fire Wardens twice IMM- 55. It shall be the duty of the several engineers, and of every foreman and assistant foreman of every fire com- pany, to report, all violations of the last preceding section, to the Treasurer of the Fire Department. 56. No fire engine shall be let out for hire, or lent, m OF THE FIRE DEPARTMENT. 221 any case, without permission from the Alderman and Councilman of the district wherein it is wanted to be used, and the Chief Engineer; and in default thereof, the firemen so offending shall be removed from the Fire De- partment. 57, The Commissioners of the Fire Department, under Taking - ffiQGS &C* the advice of the Chief Engineer, shall be authorized and from compa- nies. empowered to take any fire engine, hook and ladder, or hose truck, from the company, and place the same in the public yard, or give the same to some other company. 58. All firemen attached to any fire engine, hose, or firemen. hook and ladder company, whose machine and implements shall have been ordered to the public yard, for want of a sufficient complement of men to manage the same, shall be attached by the Commissioners of the Fire Department to any other company they may designate; and in case of their refusal to designate such company to which they wish to be attached, they shall be liable to expulsion. 59. Each company shall be allowed, for expense of Ga9 - gas, the annual sum of seventy-five dollars. 60. It shall be the duty of the foreman and secretary of the several fire companies, to make an annual return the members of their respective companies, to the Chief Engineer, as heretofore; such returns shall, however, be made, under the oath of the foreman and secretary, that the persons therein named, as members of their respective companies, are actual and active members thereof; and it shall be the duty of the Clerk of the Common Council, on the said returns being presented by the said Chief En- gineer, to correct the register of the firemen, in his office, in accordance with said returns. 61. The Chief Engineer is directed not to receive any 222 OF THE FIRE DEPARTMENT. annual returns from companies, but such as conform to section first of the ordinance, passed June 22, 1842, rela- tive to the Fire Department, as follows: " The Fire De- partment of the city of New York shall consist of a Chief Engineer, Assistant Engineers, fire engine men, hose men, hook and ladder and hydrant men, who shall be citizens of the United States, of the age of twenty-one years, and upwards." ?fre c?ramu e ^' ^ s ^ a ^ ke tne ^J ^ tn6 ^ oreman am l Secretary of each and every engine, hose and hook and ladder com- pany, to report to the Board of Fire Commissioners, on the second Tuesday in April and October in each year, a list of members, with the number of fires, or alarms of fire, which have occurred during the preceding six months, in the districts in which they perform duty, and the amount of duty performed by each member, which report must be sworn to before the Board of Fire Commissioners; and the Foreman and Secretary of each and every com- pany neglecting to comply with this ordinance shall be expelled. ARTICLE IY. OP BELL-RINGERS. 63t Tlie Mavor of tlie cit 7 of New York Sfla11 appoint three persons, to act as bell-ringers at each of the different alarm districts in the city of New York. Such persons shall be selected from among the exempt firemen of the city, or from such firemen as have been disabled by inju- ries received in the performance of their duty. oompensa- 64. The bell-ringers so appointed, shall receive, as re- muneration for their services, the sum of six hundred dol- lars each, per annum, and shall be subject to removal by the Mayor, for misdemeanor or negligence of duty. OP THE FIRE DEPARTMENT. 223 65. The Comptroller is authorized and directed to pay the salaries of the bell-ringers appointed, in accord- ance with section 63 of this ordinance, out of the appro- priation for the Fire Department. 66. A person shall be appointed to take charge of the Post-office bell, according to the rules and regulations of fire-alarm bell-ringers, and to ring the same on occasions of fires, and the sum of one hundred dollars per annum shall be allowed as compensation. 67. All bell-ringers, and persons charged with the Removal e ringing of bells, in case of fire, shall, on neglect to comply for neglect. with the requisitions of the ordinances and regulations for the ringing of bells, in cases of fire, be removed from office by the person or authority having power to remove them, on such person or authority being credibly informed of such neglect; and the person so removed shall not be reappointed to that or any other office under the Corpora- tion, within one year after such removal. 68. Upon the happening of any fire, the several alarm- Ringing or bells of the district, and all other alarm-bells shall be Fl rung, and the ringing shall be continued until the ringing of the district bell wherein the fire shall occur shall be stopped. 69. The Chief Engineer shall report to the Common j Council, all cases of neglect on the part of bell ringers to churches, to ring their bells in cases of alarms of fire. 70. The stations for bell-ringers shall be as follows: stations of oull-t'iugcrs. the cupola of the City Hall; the cupola of Essex Market; the cupola of Union Market; the bell-tower in Twenty- second street; the bell-tower in Thirty- third street; the bell -tower in Macdougal street; the bell-tower at Mount Morris; the bell- tower in Marion street, and Yorkville bell-tower. 224 OF THE FIRE DEPARTMENT. ARTICLE V. OF FIRE DISTRICTS. fire districts: 1. The first fire district shall comprise all that part of the city lying north of Twenty-second street, and east of the Sixth avenue. 2. The second fire district shall comprise all that part of the city lying north of Twenty-second street, and west of Sixth avenue. 3. The third fire district shall comprise all that part of the city bounded and containing as follows: beginning at the foot of North Moore street, on the North river, and extending easterly, in a straight line, to the corner of Leonard and Church streets; thence northerly, in a straight line, to the corner of Eighth avenue and Twenty-second street; thence westerly, along Twenty-second street to the North river; thence southerly, along the North river to the place of beginning. 4. The fourth fire district shall comprise all that part of the city bounded and containing as follows: beginning at the corner of Leonard and Church. streets; running thence northerly, in a straight line, to the corner of Eighth avenue and Twenty- second street; thence easterly, along Twenty- second street to Lexington avenue; thence south- erly, in a straight line, to the corner of Elm and Leonard streets, and thence westerly, in a straight line, to the corner of Church and Leonard streets. 5. The fifth fire district shall comprise all that part of the city bounded and containing as follows: OP THE FIRE DEPARTMENT. 225 commencing at the corner of Elm and Leonard streets, and running thence northerly, in a straight line, to the corner of Lexington avenne and Twenty-second street ; thence easterly, along Twenty-second street, to the East river; thence southerly, and along the East river to Fourteenth street; thence southwesterly, in a straight lime, to the corner of Leonard and Orange streets; thence westerly, in a straight line, to the place of beginning. 6. The sixth fire district shall comprise all that part of the city bounded and containing as follows : beginning at the corner of Leonard and Orange streets, and running thence easterly, in a straight line, to the foot of Market street, on the East river; thence along the East river to Fourteenth street; thence southwesterly, in a straight line, to the place of beginning. 7. The seventh fire district shall comprise all that part of the city bounded and containing as fol- lows: beginning at the foot of Market street, on the East river, and running thence westerly, in a straight line, to the corner of Leonard and Elm streets; thence southerly, along a straight line, in- tersecting Wall street, at the junction of Nassau, Wall and Broad streets, and continued through the Battery to the North river. 8. The eighth fire district shall comprise all that part of the city bounded and containing as follows: beginning at the foot of North Moore street, on the North river, and running thence easterly, in a straight line, to the corner of Leonard and Elm streets; thence southerly, along a straight line, 226 OP THE FIRE DEPARTMENT. intersecting with Wall street, at the junction of Nassau, Wall and Broad streets, and continued through the Battery to the North river, signals. 72. In case of fire in the first fire district, the signal shall be one stroke from the alarm bells. In the Second District, two strokes. " Third " three " " Fourth " four " " Fifth " five " Sixth " six " " Seventh " seven " " Eighth " eight ney, stove pipe, or flue appertains, shall forfeit and pay five dollars. 2. All carpenters, or others, making or using shavings, shavings. shall, respectively, at the close of each day, cause the same to be securely stowed in some safe place, remote from danger by means of fire, under the penalty of five dollars for each omission so to do. 3. No person shall kindle any fire, nor furnish the Kmdimgfires in streets. materials for any fire, nor in any way authorize or allow any fire to be made in any street, road or lane, or on any pier or bulkhead in this city, except for the purpose of boiling tar, which fire shall not be more than six feet from the bulkhead, or the end of the pier, under the penalty of ten dollars for every such offense. 4. No person shall have, put, or keep, any hay or straw my & straw, uncovered in any stack or pile, or in any other way ex- S posed within one hundred yards of any building to the ru southward of Fourteenth street, or shall have put, or keep to the southward of said line, any hay, straw, hemp, flax, shavings, or rushes, in any building not built of stone or brick and covered with tile or slate or other fire-proof materials, which is, or shall be, within ten feet of any dwelling-house or chimney whatsoever, under the penalty of twenty-five dollars for every such offense, and the further penalty of ten dollars for every twenty-four hours the same shall so remain after a printed or written notice 230 OF THE PREVENTION OP FIRES. has been given to the owner or person having charge thereof, by any Fire Warden, to remove the same. stabios. 5. No owner or occupant of any stable within this city, or any person in the employment of such owner or occupant, shall use therein any lighted candle or lamp, except the same shall be securely kept within the lantern, under the penalty of ten dollars for every such offense. Fines, to 6. A.11 the fines, penalties and forfeitures imposed on whom appro- prottao. the members of the Fire Department, for not attending to fires, shall, when received, be paid to the treasurers of the respective companies aforesaid, in which the delinquencies may happen, for the use and benefit of said companies, and all the other fines, penalties and forfeitures imposed by the ordinance relating to the Fire Department and by this chapter ,shall, when recovered, be paid to the Treasurer of the " Fire Department of the city of New York," for the use and benefit of the said Fire Department. The Chief Engineer shall, annually, on the second Monday of Decem- ber in each year, report to the Common Council the amount of the sums which maybe received by the Fire Department of the city of New York, and the application thereof. s- ttsibr pen- ? ^ sna H ^ e lawful for the Fire Department of the city of New York, and for the respective companies thereof, or persons duly authorized by them to receive, sue for, and recover, in the name of the Mayor, Alder- men and Commonalty of the city of New York, all the fines, penalties and forfeitures hereby imposed and ap- propriated for the respective uses as aforesaid. STORING AND KEEPING GUNPOWDER AND FIREWORKS. 231 CHAPTER XII. > OF THE STORING AND KEEPING OP GUNPOWDER AND FIREWORKS. 1. It shall not be lawful for any person or persons^ Gunpowder. except as hereinafter provided, to have or keep any quan- tity of gunpowder in any houce, store, building, or other place in the city of New York, to the northward of a line running through the centre of Sixty-second street, from the North to the East river. 2. It shall be lawful for the Mayor to grant licenses Censes for Magazines. for the erection of magazines for the storage of gunpowder in this city, to the northward of Sixty-second street, but no more than six such magazines shall at any time be licensed or permitted. Such magazines shall be erected in such convenient places as may be designated by the re- spective licenses therefor, and shall be placed remote from any dwelling, and shall be built in accordance with plans and specifications to be approved by, and under the direc- tion of the Superintendent of Repairs and Supplies, who . shall have authority to prescribe the materials of which such magazines shall be composed, and the manner in which the same shall be constructed. Such magazines, shall, at all times, be subject to the authority and direc- tion of the Common Council, who may make all such rules and regulations in respect thereto as they may deem the public interests require, and they may, at any time, re- voke any such license, or cause such magazines, or any of them, to be removed from place to place. 3. Nothing in this ordinance contained shall apply to Arsenal. the storing and keeping of gunpowder in the State Arsenal in Fifth avenue, above Sixty-fourth street. 232 STORING AND KEEPING GUNPOWDER AND FIREWORKS. Penalties. 4. Every person storing any gunpowder in the portion of the city of New York, in the first section of this chap- ter specified, (except in such licensed magazines,) without the license provided by the second section of this chapter, and any person who shall or may, in pursuance of any li- cense granted under the said last mentioned section, store or keep any gunpowder in any such magazine or place, and shall not in all respects fully comply with the lawful di- rections of the Superintendent of Repairs and Supplies, or of the Common Council, as provided by this chapter, shall forfeit and pay the sum of one hundred dollars for each day during which any such gunpowder shall be so stored or kept, contrary to the provisions of this chapter ; and when any person or persons shall have obtained any such license as is provided for in the said second section of this chapter, and shall, in any respect, fail to comply with the said directions of the said Superintendent of Repairs and Supplies, or the said Common Council, such person shall, from the time of any such failure to comply therewith, be deemed to have violated the provisions of this chapter, and shall be subject to its penalty, in the same manner as if no such license had been granted. Fireworks. 5. No person or persons shall store any fireworks, of any kind or description, other than Chinese fire-crackers, within the fire limits of the city of New York, except as is hereinafter provided. ibid. 6. Fireworks, excepting colored pot and lance wheels, and other works of brilliant colored fires, not exceeding in value one thousand dollars, may be kept for retailing within the fire limits, from the tenth day of June to the tenth day of July of each year, and no longer, on a written permission; such permission to be granted by the Chief Engineer of the Fire Department. STORING AND KEEPING GUNPOWDER AND FIREWORKS. 233 7. If any fireworks are kept in violation of the pro- seizure, visions of this chapter, the same may be seized or taken by any police officer of the said city, upon the order of the Mayor, of a captain of police, or any one of the fire war- dens; and the same shall be kept by such Mayor, captain or fire warden, upon whose order the same were taken, at some suitable place, beyond the fire limits, and sold at public auction, within one week after such taking; three days' notice of the time and place of such sale shall be given to the person or persons from whose possession the same were taken, and the proceeds, after deducting ex- penses of conveyance, storage and sale, shall, within one one week after the sale, be paid over by the person order- ing the seizure, to the Treasurer of the Fire Department Fund, for the use and benefit of the said fund. 16 234 FIRING OF FIRE-ARMS, CANNONS AND FIREWORKS. CHAPTER XIII. OF THE FIRING OF FIRE-ARMS, CANNONS AND FIREWORKS. Battery? ' 1- Every cannon or piece of artillery that shall here- after be discharged or fired off upon the Battery, shall be placed at the easterly end thereof, as near to the flagstaff as practicable, and in the immediate rear of the paved walk fronting the water, and shall be ranged and pointed in the direction and toward Governor's Island. 2. No cannon or piece of artillery shall be discharged or fired off upon the Battery, except at the place, and ranging in the manner provided in the first section of this chapter. ue ri Ga r r a den as ' 3 * ^ cannon or piece of artillery shall be discharged or fired off upon the premises of Castle Clinton or Garden, except on the westerly side thereof ; and the same shall only be discharged or fired off in the direction and toward the westerly shore of the Hudson river. parkf. m 4. No cannon or piece of artillery shall be discharged or fired off in the Park (except on the Fourth day of July, and then only cannon not over six pounds calibre) Wash- ington square, or Union square, nor in any street, lane, avenue, or public place in the city of New York, south of Twenty-third street, except as is provided in the foregoing sections of this chapter. 5. Any person or persons, commander or other officer, or private of any artillery or other military company, troop of horse, corps, regiment, battalion, brigade or division, who shall violate any or either of the provisions of this chapter of these ordinances, or shall cause or permit the same to be done, shall severally forfeit and pay the FIRING OF FIRE-ARMS, CANNONS AND FIREWORKS. 235 sum of fifty dollars for each discharge or firing off of any piece of artillery, to be paid into the city treasury for the use of the city. 6. No tavern-keeper, keeper of a public house, garden or place of resort, nor any other person, shall suffer or permit any person to practice with or fire off any pistol, gun, fowling-piece or other fire-arms, in or upon his or her premises, nor shall suffer or permit any pistol gallery, erected in his or her house, or upon his or her premises, to be used for the purpose of practicing with any pistol gun, fowling-piece or other fire-arms, upon the first day of the week, called Sunday, under the penalty of fifty dollars for each offense, to be sued for and recovered from the person keeping such public house, tavern, public garden, pistol gallery, place of resort or premises; and also the further penalty of fifty dollars for each offense, to be sued for and recovered from the person firing off or practicing with a pistol, gun, fowling-piece or other fire-arms; and in case such person so offending shall be an apprentice, such penalty shall be sued for and recovered from the master of such apprentice, or in case such person so offending shall be a minor and not an apprentice, the same shall be sued for and recovered from the father of, or in case of the death of the father, then from the mother or guardian of such minor. 7. No person shall fire, discharge or set off in the city Firing Fire- of New York, any rocket, cracker, torpedo, squib, balloon, or other fireworks, or thing containing any substance in a state of combustion, under the penalty of five dollars for each offense. 8. No person shall sell, or expose for sale, nor fire, selling and discharge or set off, in the city of New York, any fire- 236 FIRING OF FIRE-ARMS, CANNONS AND FIREWORKS. works called or known by the name of " snakes," or " chasers," or any fireworks called or known by the name of " double-headers/ 7 nor any fireworks under any other name, composed of the same material and of the same character of those fireworks specified in this section, under the penalty of fifty dollars for each offense, to be sued for and recovered of the person selling or exposing the same for sale, firing off or discharging the same. And in case such person shall be an apprentice, such penalty shall be sued for, and recovered of and from the master of such apprentice. In case such person shall be a minor, and not an apprentice, the same shall be sued for, and recovered of, and from the father, or in case of the death of the father, then of and from the mother or guardian of such minor. Firing arms 9. No person shall fire or discharge any gun, pistol, <%. m fowling-piece or other fire-arms in the city of New York,. under the penalty of ten dollars for each offense. OF PAVING, REPAYING AND REPAIRING STREETS. 237 CHAPTER XIY. OF PAVING, REPAYING AND REPAIRING THE CARRIAGE-WAYS OF STEEETS AND AVENUES. 1. All streets in the city of New York of twenty- two Paving street* feet in width and upwards, shall be laid or paved in the middle, which part shall remain as a cart-way, and shall have a gutter or kennel on each side next adjoining the foot-path, and shall be paved with sufficient paving stone and arched in such a manner as the Croton Aqueduct Board shall direct. 2. Whenever the carriage-way of any of the streets Expense or in the city of New York, or part of the same, not less l^> how than the space or distance between, and including the in- tersection of two streets, shall be repaired or newly paved and the crosswalks laid, and the sidewalks extended to the width required by law, at the expense of the individual owners of the lots in the same, and the work approved by the chiefs of bureau having special cognizance thereof such streets, or parts of streets, shall forever thereafter be paved, repaired and repaved at the expense of the Corporation ; but this section shall not be construed to apply to sidewalks, but to the pavement or carriage-way of streets only ; and nothing in this section contained shall be construed to apply to any wooden pavement in said city. 3. Any citizen, or number of citizens, shall be allowed citizens may pave streets. to pave the street opposite to his or their property, where the same shall extend from the intersection of one cross street to the intersection of another, provided the same be done in conformity to the regulations of the Common Council. 238 PAVING, REPAYING AND REPAIRING STREETS. Regulations 4. All pavements hereafter to be laid in any of the as to paving . m streets or lanes of this city, by the Water Purveyor or contractors for the construction of sewers, or for the laying of water, gas or other pipes, shall, after the pavement is laid or driven down, have covered over them one inch in thickness of pure sand, and no more. 5. Any and all persons other than the Water Pur- ' veyor, who may hereafter pave, or cause to be paved, any street, lane or other thoroughfare, or portion thereof, in this city, shall have the sand, dirt and rubbish cleaned off said street, lane or thoroughfare, or any part thereof' within twelve days after any such pavement shall be com- pleted, except such pavement as shall be laid over pipes' which shall be cleared off within six days after the same shall be laid ; this section shall be so construed as to apply to the removal of all sand, dirt or rubbish collected in any part of any and all streets, lanes and thoroughfares covered by any pavement so done or laid, or excavation that may have been made, or other work done in pursuance thereof ; and no contract for paving, in pursuance of this section, shall be accepted as completed, unless the Water Purveyor shall certify that this section has been fully com- plied with. iwd. 6. Any person or persons, excepting the Water Pur. veyor, neglecting or refusing to remove the dirt, sand or rubbish, mentioned in section five of this chapter, within the time specified therein, shall forfeit and pay the sum of twenty-five dollars for each offense ; and in addition there, to, the Water Purveyor shall cause the same to be removed at the expense of the party so neglecting or refusing, who shall be liable to repay and refund the same, and which shall be collected and paid into the city treasury. fr P om in clr d ts rt ^* ^ n ^ con tractors, or other person or persons, caus- ing any cart to be loaded and heaped up with manure^ OP PAYIMG, REPAYING AND REPAIRING SHEETS. 239 sand, earth, mud, clay or rubbish, so that the contents, or any part thereof, shall be scattered in any street, avenue, lane, pier or bulkhead in this city, shall forfeit and pay the sum of five dollars for each offense. 8. It shall not be lawful for either of the gas compa- Breaking nies of this city, to break up any of the pavements of this EJ GMCOM- city, without the permission of the Croton Aqueduct Board, and such consent shall not be given until the party apply- ing therefor shall enter into a stipulation, satisfactory to the said Board, to repair and replace the said pavement to the satisfaction of the said Board at his and their own ex- pense, by a day to be named in such permit; and if any person or persons shall neglect and refuse to repair and replace the same, in accordance with such stipulation and permit, they shall forfeit and pay for each offense the sum of fifty dollars; and in addition thereto, shall be liable to pay the expense of repairing and replacing such pavement, and which shall be done by and under the direction of the Water Purveyor. 9. It shall be lawful for the persons employed to pave obstructions or repave any street in the city of New York, to place streets. proper obstructions across such street or cart way, for the purpose of preserving the pavement then newly made, or to be made, until the same shall be fit for use; leaving at all times a sufficient passage for foot passengers, and giv- ing at least three days' notice of such obstruction, by writ- ten or printed notices, put up in at least three of the most conspicuous places in the street. 10. No person or persons shall, without the consent of Ibid - the Water Purveyor, in writing, or without the consent of the person superintending said paving, throw down, dis- place or remove any such obstruction mentioned in the last preceding section of this chapter, under the penalty of fifteen dollars for every such offense. 240 OF PAVING, REPAYING AND REPAIRING STREETS. 1 1 . Nothing contained in this chapter shall be construed to authorize any person or persons to stop up or obstruct more than the space of one block and one intersection at the same time, in any one street, or to keep the same so stopped up for more than two days after the cart-way is finished. 12. Whenever any person or persons shall have au- thority, under any contract with the Corporation, or any officer thereof, or under any permit authorizing the same, to remove the pavement from, or to excavate, or to occupy or use any part of the public streets and avenues in the city, so as to obstruct the travel in any streets or avenues, and to prevent the same from being used for the time being for the purposes of travel, such person or persons shall erect or cause to be erected, in conspicuous positions, at the several points of intersection of such street or ave- nue so obstructed, with the cross streets nearest to such obstruction, a suitable notice of such obstruction; which notice shall be in such manner and form as the Croton Aqueduct Board may at any time direct. penalty. 13. Every person who shall violate this provision shall be subject to a penalty of ten dollars, to be sued for and recovered in any court of competent jurisdiction. Record of 14. The Croton Aqueduct Board shall keep a book, containing an account of all streets, and parts of streets to be paved, repaired and repaved, at the expense of the Corporation. SIDEWALKS AND CURB AND GUTTER STONES. 241 CHAPTER XY. OP FLAGGING AND LAYING AND REPAIRING SIDEWALKS, AND CURB AND GUTTER STONES. 1 . All streets in the city of New York, of twenty- two side walks, J with what to feet in width and upward, shall have sidewalks on each be fla gs ed - side thereof, laid with brown, or gray, or oblong flat stones. 2. In all streets in the city of New York, of the width ^ ofslde of forty feet and upward, which are paved, or shall here- after be paved or repaved, the sidewalks or footwalks be- tween the lines of the streets and kennels shall be of the following width, that is to say: 1. In all streets forty feet wide, ten feet. 2. In all streets fifty feet wide, thirteen feet. 3. In all streets sixty feet wide, fifteen feet. 4. In all streets seventy feet wide, eighteen feet. 5. In all streets eighty feet wide, nineteen feet. 6. In all streets above eighty feet, and not exceeding one hundred feet, twenty feet. 7. In all streets of more than one hundred feet, twen- two feet, and no more. 3. In all streets less than forty feet in width, such ibid. proportion thereof as may be directed by the Street Com- missioner, shall be used and flagged for sidewalks and foot- paths. 4. All sidewalks in the city of New York shall be Height of raised from the curb stone in the proportion of two inches on ten feet, under the penalty of ten dollars, to be sued for and recovered from the persons laying and fixing the same, and the owner or owners of the lot fronting on the sidewalk, severally and respectively. 5. No person shall extend the sidewalk before his lot Extent of beyond that of his neighbor, in any street where the same flags ' D8 ' is not yet extended to the width allowed by law, under 242 SIDEWALKS AND CURB AND GUTTER STONES. the penalty of ten dollars for each offense, to be sued for and recovered from the person or persons so violating, and the owner or owners of the lots fronting on such sidewalk, severally and respectively. fi? e ?n f ^' ^^ e ^ as ^ P rece ding section of this chapter shall not be construed to prevent the extending of any such side- walks, when a majority of the owners of property on the same side of the street, and between the two nearest cor- ners, by and with the permission of the Street Commis- sioner, agree to and do extend the sidewalks in front of their respective lots of ground in like manner. JfcjjJJ 1 of 7 . No sidewalk, or any part of a sidewalk, laid with brick or flagging, in any part of the city of New York, shall hereafter be taken up, or the brick or flagging re- moved therefrom, for any purpose whatever, without the written permission of the Street Commissioner, under the penalty of twenty-five dollars for every such offense. and si p d dva a te s 8 ' ^ private cart-ways crossing any of the sidewalks J'/fl^g^ >0 of the city of New York, and all sidewalks whatever, to the south of Delancey and Spring streets, including said streets, shall be paved with brown or gray square, oblong or flat stones, hewn and laid closely together; and not with brick or with round or paving stones, under the penalty of ten dollars upon the owner and occupant of the lot in front of which such cart-way or sidewalk shall be, severally and respectively. ibid. 9. In case any part of such private cart-way, or any part of such sidewalk shall not be paved, repaved or re- paired according to the provisions of the last section, it shall be lawful for the said Street Commissioner, or Su- perintendent of Street Improvements, to order, in writing, the same to be done, within a time mentioned in such order; at the expiration of which time the same may be SIDEWALKS AND CUBE AND GUTTER STONES, 243 done under the direction of the said Commissioner or Super- intendent, and the expense thereof collected of the owner or owners, occupant or occupants of the lot fronting thereon. 10. All curb stones which shall hereafter be laid for curb-stones, the purpose of supporting the sidewalks, shall not be less than three feet in length, five inches thick, and twenty inches wide throughout, and shall be of the best hard blue, or gray granite, and cut, prepared and laid in the follow- ing manner, that is to say: ten inches of the stone shall be laid below the kennel, and ten inches above it, except where the length of curb stone to be laid or relaid shall be less than the space between the streets crossing that in which it is to be laid; in which case if the curb stone in front of the lots adjoining shall be put eight inches above the gutter stone, the curb to be laid or raised as aforesaid shall not be placed more than eight inches above the gutter stone, unless the person or persons laying or relay- ing the same, shall, by permission of the owner or owners of the lots adjoining, at his, her or their own expense, raise the adjoining sidewalk or sidewalks, and repave the same in a proper manner, for a space of at least five feet in width, so as to prevent any abrupt irregularity in the pavement of the sidewalk; the top of the stone shall be cut to a bevel of one inch, the front be cut smooth, and to a fair line to the depth of fourteen inches; the ends from top to bottom to be truly squared, so as to form close and even joints; and the front so laid as to present a fair and unbroken line, under the penalty of ten dollars for each or any violation of either of the provisions of this section, to be sued for and recovered from the persons laying and fixing the same, and the owner or owners of the lot front- ing on the sidewalk so fixed, severally and respectively. All gutter stones which shall hereafter be laid in this city, shall be of the best hard freestone or granite, at least thir- 244 SIDEWALKS AND CURB AND CUTTER STONES. Ranging of side-walks. ty inches in length, fourteen inches in width and six inches thick; and shall be cut to a fair and level surface without windings, with true and parallel sides, and the ends squared so as to form tight and close joints, under the penalty of ten dollars, to be sued for and recovered from the person or persons laying the same, and the owner or owners of the lot fronting on the sidewalk or street, severally and respectively. 11. If any street, when paved, shall not exactly range, the gutter or outside of the foot-path or sidewalk, shall be laid out and made as nearly in a straight line as the street will permit; and the ascent and descent of the same shall be regulated by the Superintendent of Street Improve- ments, and a profile thereof, with the regulations distinctly marked thereon, shall be deposited and kept in the office of the Street Commissioner. 12. When any carriage-way shall have been paved, and a majority of the owners of lots on the same block shall have regulated and paved their sidewalks, the Street Commissioner shall give notice to the owner or owners, or occupant or occupants, of any lots in front of which the sidewalks shall not be paved, to regulate and pave the same, within a certain time, to be designated in such notice. 13. In case of any neglect or refusal to comply with the requisitions contained in the notice mentioned in the last preceding section, the owner or owners, occupant or occupants, shall forfeit the penalty of twenty-five dollars for each neglect or refusal, severally and respectively. who to nag 14. The owner or owners, lessee or lessees, occupant and repair , . -. , . -, n . , -, , sidewalks, or occupants of any house or other building or vacant lot fronting on any street or avenue, shall, at his, her, or their charge and expense, well and sufficiently pave, ac- cording to the ordinances ? and keep and maintain in good Side-walks, when to be flagged. Ibid. SIDEWALKS AND CURB AND GUTTER STONES. 245 repair, the sidewalks and curb and gutter of such street or avenue, in front of any sucli house or other building, or vacant lot. 15. Upon complaint being made to the Street Com- ^ r *. J ag missioner, to his satisfaction, that any sidewalk and curb Sidewalks - and gutter, or either, are not paved or repaired according to the ordinances, it shall be lawful for the said Commis- sioners to cause a notice to be served upon the owner or owners, lessee or lessees, occupant or occupants, of any / such house or other building, or vacant lot of ground front- ing on any street or avenue, to repair or relay, as the case may require, the sidewalk and curb and gutter, or either, in front of the same, within ten days after the service of such notice. 16. In default of such owner or owners, lessee or les- ftid. sees, occupant or occupants, repairing or relaying, as the case may require, such sidewalks and curb and gutter, or either, within the time required by said notice, and com- plying with the said notice, it shall be lawful for the Street Commissioner to order the same to be done, and in case the expense thereof shall not exceed the sum of two hundred and fifty dollars, to appoint such person or per- sons to do the same as he shall deem proper; and in case such expense shall exceed the aforesaid sum of two hun- dred and fifty dollars, the same shall be done by contract, according to the ordinances. 17. The expense of such work, together with the ex- n>s * of this chapter, and report any violations thereof to the Corporation Attorney. The captains of the several police districts shall, on observing or being informed of the opening of, or excavating in, any street or avenue, require the person making such opening or excavation, to exhibit to him the authority or permission for such opening; and if none have been given by the proper officer, or if the ex- hibition thereof be refused, said captain of police shall, without delay, make complaint to the Attorney of the Corporation, and report the same to the Croton Aqueduct Board. 13. It shall be the duty of every person having charge gjti ^ of the sweeping and cleaning of the streets in the several tagstreta. wards, to see that the gutters are properly scraped out before the water is suffered to flow from any hydrant for the purpose of washing the same, in order that no sub- stance or obstruction be carried into any of the receiving basins ; every person violating this section, to be subject to a~penalty of five dollars for each offense. 14. In the building of all sewers under ordinances of 252 OF SEWERS AND DRAINS. the Common Council, it shall be discretionary with the executive department, under whose direction the same are ordered to be built, to lay so many connection pipes from the sewers to the line of curb stones, as the said depart- ment may deem necessary, unless otherwise ordered by the Common Council; the expense thereof to be borne by the owners or occupants of the houses and lots intended to be benefited thereby. Relations 15. Whenever a sewer or culvert is to be constructed, connected J^s Gas altered, or repaired in any street in the city of New York, in which the gas pipes of either the Manhattan or New York Gaslight companies are laid, it shall be the duty of the contractor or contractors thereof to give notice in writing, of the same to the said companies, or to the one whose pipes are laid in the street about being disturbed by the construction, alteration, or repairing of such sewer or culvert, at least twenty-four hours before breaking ground therefor. IWd - 16. It shall be the duty of the said gas companies, or the one whose pipes are about being disturbed by the con- struction, alteration or repairing of any sewer or culvert, on the receipt of the notice provided for in the preceding section, to remove or otherwise protect and replace the main and service-pipes, lamp-posts, and lamps when neces- sary, under the direction of the Croton Aqueduct Board, and all expenses or damages incurred or sustained by either of the said companies thereby, unless the same shall have been caused by or through the negligence or care- lessness of the contractor or contractors, or aieglect of said companies, shall form a portion of the expenses of such sewer or culvert, and shall be assessed and collected in the same manner as the other expenses thereof provided, however, that the company notified in accordance with the OP SEWERS AND DRAIN'S. 253 preceding section shall comply with such notice, by caus- ing the pipes, lamp-posts and lamps to be protected and replaced when necessary, during the progress of the work; and shall also furnish a bill of such expenses or damages, if any, duly certified by the inspector appointed by the Croton Aqueduct Board, to the assessors of said sewer or culvert, within five days alter receipt of notice of the completion thereof. 17. The said inspector, appointed by the Croton Regulation* Aqueduct Board, shall, in addition to the usual certificate* furnish to the said assessors a certificate, stating whether or not such expenses or damages, or any and what part thereof, have been caused by or through the negligence or carelessness of the contractor or contractors of the sewer or culvert, and any such expenses or damages as shall be so certified to have been caused by the negligence or care i lessness of the contractor or contractors, shall be charged to him or them, and shall be deducted from the amount to be paid him or them, and shall be paid to the company by whom such bill shall have been rendered. 18. The preceding provisions shall be made part of every contract hereafter made for constructing, altering or repairing any sewer or culvert in any street of this city in which the pipes of either the Manhattan or New York Gaslight companies shall be laid, at the time of making such contract. 19. It shall be the duty of the person or persons by whom or for whose benefit any excavation is to be made for constructing, altering, or repairing a vault, waste-pipe or drain, in any street of this city, to give notice, in writing, thereof, to the company whose pipes are laid in the street about to be disturbed by the construction, alter- ation or repairing of such vault, waste-pipe or drain, at 254 OF SEWERS AND DRAINS. least twenty-four hours before commencing the same; and -such person or persons shall, at his or their expense, sus- tain, secure and protect said pipes from injury, and re- place and pack the! earth wherever the same shall have been removed, loosened or disturbed, under or around them, so that such pipes shall be well and substantially supported; and if such person or persons shall fail so to sustain, secure and protect said pipes from injury, or to replace and paclq the earth under or around them, as by the provisions of this section required, then the same may be done by the company to whom the same may belong, and the cost thereof, and all damages sustained by either of said companies thereby, shall be paid by said person or persons to said company, and the said company may > in default thereof, maintain an action against him or them therefor. Regulations R 20. The provisions of the last preceding section shall connected . ke made part and a condition of every permit that shall be hereafter granted to any person or persons for making any excavation for the construction, alteration or repair- ing any vault, waste-pipe or drain in any street in which the pipes of either of the said companies shall be laid at the time of granting such permit, provided said company, or either of them, provide said permits, or pay a just pro- portion therefor. OF THE LIGHTING OF PUBLIC GAS LAMPS. 255 CHAPTER XVII. OP THE LIGHTING OP PUBLIC GAS LAMPS. 1. No person, unless authorized by the Manhattan Gaslight Company, shall, at any time, light, or cause to be lighted, any public lamp which said company is or shall be required to light, under their contract made with the Mayor, Aldermen and Commonalty of the city of New York, dated May 5, 1848- and no person, unless authorized by the New York Gaslight Company, shall, at any time, light, or cause to be lighted, any public lamp which the said New York Gaslight Company is or shall be required to light, under their contract, made with the said Mayor, Aldermen and Commonalty of the said city. Any person violating the provisions of this section shall thereby incur and be liable to a penalty of five dollars, payable to the company whose lamps shall be so lighted, or caused to be lighted, for every such violation; and either of said com- panies shall be liable to a like fine of five dollars, for wil- fully neglecting to light any lamp according to contract, said fine to be payable to the city treasury. 256 OF VAULTS, CISTERNS AND AREAS, CHAPTER XVIII. OP VAULTS, CISTERNS AND AREAS. 1. The Croton Aqueduct Board, on application for construct vaults or cis- that purpose, during the recess of the Common Council, is hereby empowered to give permission to construct any vaults or cisterns in the streets, provided, in the opinion of a majority of said Board, no injury will come to the public thereby. n>ia. 2. No person shall cause or procure any vault or cis- tern to be constructed or made in any of the streets in the city of New York, without the written permission of the Croton Aqueduct Board, under the penalty of one hun- dred dollars, to be sued for and recovered from such person and the master builder, or person who made the same, severally and respectively. ibid. 3. Every application for permission to erect such vault or cistern shall be in writing, signed by the person making the same, and shall state the number of square feet of ground which is required for the same, and the intended length and width of the same. 4. After obtaining permission to construct or make such vault or cistern, and previous to the commencement thereof, the person so applying shall forthwith pay to the Chamberlain of the city of New York, the sum of fifteen, cents for each square foot of ground mentioned as re~ quired for such vault or cistern, under the penalty of fifty dollars. o! Z c bt f eJn8. lts 5. No person shall erect or build, or cause or permit any vault or cistern to be made, which shall ex- tend further than the line of the sidewalk or curb stone of any street under the width of forty feet, under the OP VAULTS, CISTERNS AND AREAS. 257 penalty of two hundred and fifty dollars; and in all streets of forty feet wide and upward, it shall be at the discretion of the Croton Aqueduct Board how far such vault or cis- tern may be extended, not exceeding two fifths of said street. 6. It shall be the duty of every person for whom any Jf vault or cistern may be constructing, to procure the same to be measured by one of the City Surveyors, and to deliver to the Croton Aqueduct Board a certificate of the said measurement, signed by such surveyor, before the arching of such vault or cistern shall be commenced, under the penalty of one hundred dollars. 7. If it shall appear by such certificate or otherwise that such vault or cistern occupies a greater number of square feet than shall have been paid for as aforesaid, the owner of such vault or cistern, and the master builder, by whom or under whose direction such vault or cistern shall be constructed, shall, in addition to the penalty im- posed in and by section four of this chapter, severally and respectively forfeit and pay the sum of fifty cents for each square foot of ground occupied by such vault or cistern, over and above the number of square feet paid for as aforesaid. 8. All vaults or cisterns shall be constructed of brick or stone, and the outward side of the grating or opening into the street, shall be either within twelve inches of the outside of the curb stone of the sidewalk, or within twelve inches of the coping of the area in front of the house to which such vault shall belong, under the penalty of one hundred dollars, to be paid by the owner or person making or causing the same to be made. 9. All grates to vaults shall be made of iron, the bars whereof shall be three-fourths of an inch wide, and one- 258 OP VAULTS, CISTERNS AND AREAS. half of an inch thick, and not more than three-quarters of an inch apart, under the penalty of twenty-five dollars, to be paid by the owner of the vault or occupant of the house to which the same shall belong, severally and re- spectively. 2cideite. n f l ' Everv owner or occupant of any house or lot of ground, within the paved parts of the city of New York, before which any vault, pit, hole, cistern or well, shall be made, and every person making or having charge of such vault, pit, hole, cistern or well, shall, during the whole of every night while such vault, pit, hole, cistern or well, shall be opened or uncovered, cause a lighted lamp or lantern, to be placed and kept at some convenient spot, so as to cast its light upon such vault, pit, hole, cistern or well, under the penalty of ten dollars. S,no c r om ' n - A11 vaults or cisterns shall be completed, and tSnsf r cl3 ' the ground closed over them, within three weeks after they are commenced, under the penalty of five dollars for every day thereafter, during which the same shall remain uninclosed, to be recovered from the owner or builder of the same, severally and respectively. are or area. g n NQ area in ^ front of ^ y building in the city of New York, shall extend more than one-fifteenth part of the width of any street, nor in any case more than five feet, measuring from the inner wall of such area to the building; nor shall the railing of such area be placed more than six inches from the inside of the coping on the wall of such area, under the penalty of two hundred and fifty dollars, to be recovered from the owner and builder thereof, severally and respectively. ^ ^ Every area shall be inclosed with a railing, the gates of which shall be so constructed as to open inwardly, under the penalty of two hundred and fifty dollars for OF VAULTS, CISTERNS AND AREAS. 259 each offense, to be recovered from the owner or builder thereof, severally and respectively. 14. Every description of opening below the surface ^^ P- of the street, in front of any shop, store, house or other building, whether covered or open, shall be considered and held to be a vault or cistern, within the meaning of this chapter; and the master builder, or owner or person for whom the same shall be made or built, shall be liable to the provisions, payments and penalties of this chapter, seve- rally and respectively. 15. The last preceding section of this chapter shall not Itiid - "be construed to refer to those openings which are used exclusively as places for descending to the cellar floor of any building or buildings by means of steps. 16. No person shall remove, or cause or procure, or Grates ana other cover. suffer or permit to be removed, or insecurely fixed, so that Jjj 8 *!' f f open " the same can be moved in its bed, any grate or covering to the opening or aperture of any vault in the city of New York, under the penalty of ten dollars. 17. The last preceding section of this chapter shall not n>id. be construed to prevent the removal of such grate or cov- ering, provided the aperture to such vault, during the re- moval of such grate or covering, shall be inclosed with a strong box or curb at least twelve inches high. 18. No person shall suffer or permit any grate or cov- ibid. ering to any vault to be removed therefrom, or insecurely fixed thereon, so that the same can be moved in its bed, within one hour before sunset on any day, under the pen- alty of twenty dollars, to be sued for and recovered from the owner and occupant of the house to which such vault shall belong, severally and respectively. 19. In all cases where the owners of property in that Areas> part of the city, laid out by the Commissioners of Streets 260 OP PUBLIC WELLS, PUMPS, CISTERNS AND HYDRANTS. and Roads, shall, in the erection of dwellings, set the same back from the lines of the streets or avenues, a distance of three feet and upward, for the purpose of ornamental court-yards in front, they shall be permitted to inclose for such purpose, with a neat iron railing, in addition to the space receded from, so much of the sidewalk in front as is allowed by ordinance for stoops; the gates of such inclo- sures to be so constructed as to open inwardly, under the penalty of two hundred and fifty dollars for each offense,- OP PUBLIC WELLS, PUMPS, CISTERNS AND HYDRANTS. 261 CHAPTER XIX. -OF PUBLIC WELLS, PUMPS, CISTERNS AND HYDRANTS. ARTICLE I. OP BUILDING WELLS AND PUMPS. 1. All applications for wells and pumps, in any part Applications of the city of New York, shall be made to the Croton pum P 3 - Aqueduct Board. 2. It shall be the duty of the said Board, as soon as ibid. may be after the receipt of such application, to submit the same to the Alderman and Councilmen of the district of the ward in which the well is to be located, and if ap- proved by them, the said Board shall present to the Com- mon Council the ordinance necessary to carry the applica- tion into effect, in the manner provided for by law. 3. All public wells hereafter built by order of the inspection of J Public Wells. Common Council, shall be examined and inspected by the Water Purveyor, and shall be paid for by the Croton Aqueduct Board, in the usual manner, on receiving from the said Water Purveyor a certificate of his approval of the work, and that the same is built in conformity to law, the said work to be done in accordance with the provisions of law and ordinances as to all work done for the Corpo- ration. 4. No public well shall hereafter be built in any of ^ the avenues of this city. 5. No person shall build any well in any of the ave- ibid nues of this city, under the penalty of fifty dollars, and the Croton Aqueduct Board shall cause the same, in all such cases, to be filled up. 262 OP PUBLIC WELLS, PUMPS, CISTERNS AND HYDRANTS. Removal of 6. The Croton Aqueduct Board is hereby authorized Wells and . ' pump 3 . under the direction of the Alderman and Councilmen of the district of each ward respectively in which any well and pump may be so located as to incumber the carriage- way or sidewalks of any street in the city, to remove the same to some more proper and convenient place in the vicinity. ARTICLE II. GENERAL PROVISIONS AS TO PUBLIC WELLS, PUMPS, CISTERNS AND HYDRANTS. Regulations 7. No person or persons shall take the water from any as to use of water. public well, pump or cistern in the city of New York, for the purpose of selling or offering the same for sale, under the penalty of twenty-five dollars for each offense. n id - 8. No person shall take or use the water from any public cistern or hydrant, except in case of fire, and for the purpose of extinguishing the same, under the penalty of twenty-five dollars for each offense. ibid. 9. No person having charge of any public cistern or hydrant, shall suffer or permit any water to be taken therefrom, except for the purpose of extinguishing fire, under the penalty of twenty-five dollars for every such offense. Protection or 10. No person shall willfully do, or cause, or suffer to be done, any damage to any of the public pumps in the city of New York, under the penalty of twenty-five dollars for each offense. Regulations 11. Every person who shall place, or assist in placing water" 501 O r cause, or procure to be placed, any hogshead, barrel, tub, or other vessel of greater capacity than ten gallons, in any street in the city of New York, within twenty-fiva OP PUBLIC WELLS PUMPS, CISTERNS AND HYDRANTS. 263 feet of any public well or pump, for the purpose of filling the same with water from any such well or pump, or who shall put, or cause to be put, into any such vessel any water from such pump or well, shall forfeit and pay the sum of ten dollars for each offense. 12. The last preceding section shall not be construed SSlSJrf to prevent the immediate filling of any vessel therein W mentioned, provided the same shall be forthwith removed. 13. If any person except one of the engineers or fore- unscrewing men of the fire companies, shall unscrew any of the hy- drants belonging or attached to the Corporation water works, erected for the extinguishment of fire, or interfere with the same, or any part of the works belonging to the said establishment, whereby the said establishment, or any or either of the pipes, hydrants, stop-cocks, or any part of the works may be injured, or the water taken therefrom or wasted, they shall be liable to a penalty of fifty dollars for each and every such offense. 14. No person shall wash, or cause, or procure or per- XSe?mi mit to be washed, any horse or carriage within twenty-five ( * feet of any pump, in any street in the city of New York, under the penalty of ten dollars for every such offense. 15. No person shall water, or suffer or permit any Jjfjj* horse to drink or be watered, at or within ten feet of any pump or well in any street of the city of New York, under the penalty of five dollars for each offense, to be paid by the owner or person watering or permitting such horse to water, severally and respectively. 264 OF THE ERECTION OF BARRIERS TO PREVENT ACCIDENTS. CHAPTER XX. OF THE ERECTION OF BARRIERS TO PREVENT ACCIDENTS. w^n a fence 1. It shall be the duty of every person or persons en- be erected, gaged in digging down any road or street, in paving any street, building any sewer or drain, trench for water pipes, or digging and building a well in any of the public roads, streets or avenues, under contract with the Corporation of this city, made through either or any of the departments of the said Corporation, or by virtue of any permission which may have been granted to them, by the Mayor and Common Council, or either of the said departments, or either of them, where such work, if left exposed, would be dangerous to passengers, to erect a fence or railing at such excavations, or work, in such a manner as to prevent dan- ger to passengers who may be traveling such streets, roads or avenues, and to continue and uphold the said rail- ing or fence, until the work shall be completed or the ob- struction or danger removed. And it shall also be the duty of such persons to place upon such railing or fenee, at twilight in the evening, suitable and sufficient lights, and keep them burning through the night, during the per- formance of said work, under the penalty of two hundred and fifty dollars for every neglect. nrt^ 2. The provisions of the preceding section shall apply to every person who shall place building materials in any of the public streets or avenues, or be engaged in building any vault, or constructing any lateral drain from any cel- lar to any public sewer, or who shall do or perform any work causing obstructions in the public streets, by virtue of any permit Irom any executive department; and also to all public or Corporation officers, engaged in performing OP THE ERECTION OP BARRIERS TO PREVENT ACCIDENTS. 265 any work in behalf of the Corporation, whereby obstruc- tions or excavations shall be made in the public streets. 3. The extent to which such railing or fence should be Extent or fence or rail- built, in the several cases, is hereby denned as follows, to iD g- wit: In digging down any street or road, by placing the same along the upper bank of such excavation, or by extending the fence so far across the street or road, as to prevent persons from traveling on such portion as would be dangerous. In paving any street or avenue, by extending it across the carriage-way of such street or avenue, or if but a portion of the width of such carriage-way be obstructed, across such portion, in which case the obstructions shall be so arranged as to leave a passage-way through, as nearly as may be, of uni- form width. In the building of a sewer, by placing it across the carriage-way, at the ends of such excavations as shall be made. In the building of a well, by inclosing the same, and the obstructions connected therewith, on one or more sides. In building vaults, by inclosing the ground taken for the vaults. In placing building materials in the streets, by placing it across so much of the street as shall be occu- pied by such materials; and the materials shall be so placed as to occupy a space of uniform width, except brick or stone piled solid at least seven feet high. In all cases sufficient lights are to be placed upon such building materials, fences or railings, and kept burning during the night, as provided by the preceding sections. 18 266 OP THB ERECTION OP BARRIERS TO PREVENT ACCIDENTS. parties an- 4. In all cases where any person or persons shall per- form any of the work mentioned in the preceding sections, either under contracts with the Corporation, or by virtue of permission obtained from the Mayor and Common Coun- cil, or either of the departments, such persons shall be answerable for any and every damage which may be occasioned to persons, animals or property, by reason of carelessness in any manner connected with the said work. of 5. It shall be the duty of the chiefs of the bureaux tnthu having charge of the particular class of improvement, to see that the requirements contained in this chapter, in regard to the erection of fencing, and placing lights, in all cases, be complied with, severally, under the penalty of fifty dollars for each and every neglect. Ibld 6. It shall also be the duty of the said chiefs of bu- reaux, when any of the work referred to in any of the preceding sections shall be performed, whether for digging down streets or roads, paving streets, building sewers and building wells, or digging trenches for water pipes, by persons under contract with the Corporation, or for build- ing vaults, or placing building materials in the streets, or constructing drains, or any other work for forming an ob- struction to the said street, by virtue of permission duly obtained, to see that the requirements of this chapter in regard to erecting the necessary fences, and placing the necessary lights, be complied with, and to make the neces- sary compl^nt to the Corporation Attorney, for any omis- sion on the part of the person referred to, under the penalty of fifty dollars for every neglect. contracts to 7. In all contracts for paving streets, constructing have a cove- >ii> 11 -i / i n mi as to sewers, and building wells and pumps, or for doing any this subject. ... -, other work, whereby accidents or injuries may happen, in OF THE ERECTION OF BARRIERS TO PREVENT ACCIDENTS. 267 consequence of any neglect or carelessness during the per- formance thereof, it shall be the duty of the departments by whom suet contracts are made, to insert a covenant, requiring the contractor or contractors to place proper guards for the prevention of accidents, and to put up and keep suitable and sufficient lights burning at night, during the performance of the work; and that they will keep the Corporation harmless and indemnified against all loss and damage which maybe occasioned by reason of any unskill- fulness or carelessness, in any manner connected with the execution and completion of the work. c. In all contracts for digging down any road or street, contracts to where such digging, if left exposed, would be dangerous to int * t* ibis subject. passengers, the head of the proper department shall insert a covenant, whereby the contractors shall be bound, at their own expense, to erect a fence or railing along or across the street, in such a manner as to prevent danger to passengers, and so to continue and uphold the said fence or railing, until the street is completed. 9. A like fence or railing shall be put up and upheld, l trcc r *"* in all cases in which a road or street is dug out at the cost tion - of the Common Council. 268 OF PRESERVING THE MONUMENTS DESIGNATING STREETS, &C. CHAPTER XXT. OF PRESERVING THE MONUMENTS DESIGNATING THE STREETS" AND AVENUES. 1. No person or persons shall cover up or remove any umeiSs m n ~ft ne monument stones for designating the avenues and streets in the city of New York, without first giving the Street Commissioner three days' notice thereof, in writing, under the penalty of fifty dollars. street com- 2. It shall be the duty of the Street Commissioner, on missioner's ' receiving such notice, forthwith to cause one of the City Surveyors to take the necessary measures to raise or lower such monument to the proper grade of the city, and to cause such alteration to be noticed on maps, to be kept in the office of the Street Commissioner for that purpose. 3< Ii; slia11 ke thc dut y of the strect Commissioner, in all contracts hereafter made by him. for regulating any of the streets or avenues in which monuments are placed, to insert therein a covenant on the part of the contractors, to give the notice above required, and to replace such stones, under the direction of the said Commissioner. 4. Whenever the Street Commissioner shall ascertain that any monument stone has been removed, he shall forth- with cause the same to be placed in its proper position, and shall note the same on the map, in the manner before stated. 5. The expenses attending the same shall be paid by hww defray- the Comptroller, on the certificate of the Street Commis- sioner. OP NUMBERING THE STREETS. 269 CHAPTER XXII. OF NUMBERING THE STREETS. 1. Iii all cases where the number or numbers of streets SmSref Tiave been directed to be changed, or shall hereafter be so X; C0 ' directed, either by resolution or ordinance of the Common Council, the said number or numbers shall be so changed within twenty days after a copy of the said ordinance or resolution shall have been served, personally, upon the occupant, owner or lessee, tenant or sub-tenant of the premises. 2. For every neglect to comply with the forego- Penalties. ing section, the owner, occupant, lessee, tenant or sub- tenant, shall forfeit and pay the sum of fifty dollars, and the further penalty of ten dollars for each day, or part of a day such number or numbers shall remain unchanged, to be recovered from the owner, occupant, lessee, tenant or sub-tenant, severally and respectively. 3. In the event of non-compliance with the first section change or numbers. of this chapter, it shall be the duty of the Inspector of .Sidewalks to cause the number or numbers to be forth- with changed ; and the expense thereof to be collected from the parties aforesaid, as an additional penalty. 4. In all cases of renumbering the streets it shall be Record otow andnevrnum the duty of the Inspector of Sidewalks to furnish to the bera - Croton Aqueduct Department a transcript of all changes made, showing in parallel columns, the old and new street numbers. 5. Whenever any street north of Thirteenth street, ^inclusive, shall be directed to be numbered, the Inspector !ireet. onath 270 OF NUMBERING THE STREETS. or of Sidewalks shall cause the numbers to commence at the numbering north of lah Fifth avenue, beginning with number one, and numbering Continually to either river ; and that said streets shall hereafter be called and known as East Thirteenth street and West Thirteenth street, and so on, the dividing line to be the Fifth avenue. CLEANING STREETS. 271 CHAPTER XXIII. OF CLEANING THE STREETS AND HEREIN OF THE REMOVAL OF SNOW AND ICE, AND THE SALE AND CARTAGE OF MANURE. ARTICLE I. OP CLEANING THE STREETS. II. OP THE REMOVAL OF SNOW AND ICE. HI. OP THE SALE AND CARTAGE OP MANURE. ARTICLE I. OF CLEANING THE STREETS. 1. The city, with the exception of the Twelfth Ward, shall constitute one contract district. 2. The contractor shall cause the surface of all streets, avenues, lanes and alleys, and all gutters, wharves, piers, heads of slips, public lands and places, and the limits of the public markets, to be thoroughly cleaned and swept once each and every week; and all dirt, manure, ashes, garbage and rubbish, so swept up, to be removed imme- diately therefrom. 3. The said contractor shall cause all dirt, filth and J* 6 1 of rubbish, of all and every kind, to be removed from each e mar ~ of the public markets, and such other public markets as shall hereafter be erected, and the limits thereof within their respective districts, every Sunday, before the hour of nine o'clock in the morning, and every other day excepting Saturday, before four o'clock in the afternoon. 4. The said contractor shall cause to be removed Si*! *c. from the streets, in tight carts, all ashes, garbage, rubbish, and sweepings of every kind, which may be delivered to them, or that may be placed in vessels upon the sidewalks, 272 CLEANING STREETS. or in the front area of, or upon the upper area step of, any dwelling-house, store or public building, between the hours of seven, A. M., and six, p. M., of each and every day, Sundays excepted. ASH carts: 5 Tte drivers of all carts employed as ash carts shall have a bell attached to their carts or harness, that notice of their approach may be had; and shall receive all ashes, garbage, sweepings and rubbish which shall be delivered them, or that may be placed upon the sidewalk in vessels, or in the area, or upon the upper cellar step of every dwelling-house, store or public building. 6 ' Broadway, from the Battery to Fourteenth street, tam streets, ^all be swept, during the night and before the hour of seven, A. M., once every twenty-four hours ; Park row and Chatham street, Bowery to Grand street, Fulton street, east from Broadway,- Cortland street, Wall street, Maiden lane, Whitehall street and Grand street, east from Broad- way, shall be swept seven times in each month. aid - 7. All streets, lanes and alleys embraced in the First, Second, Third, Fourth, Fifth and Sixth Wards, together with Canal street, West Broadway, Third and Sixth ave- nues to Fourteenth street, shall be swept, in like manner, once per week, and all the dirt, manure, ashes, garbage and rubbish of every kind, so swept up, shall be removed immediately therefrom. All streets below Chambers street shall be cleaned, during the night and before the hour of seven, A. M., between the first day of May and the first day of October; and during the night, and before the hour of nine o'clock, A. M., between the first day of October and the first day of May in each year. When the performance of such work is impracticable from the state of the weather, the City Inspector may, CLEANING STREETS. 273 from time to time, in writing, designate a later hour for the work, or dispense with the same temporarily; but said officer shall not grant such dispensation for a period longer than one week from the date thereof. 8. The said contractor shall remove snow, ice and l*^ ^ other obstructions from the crosswalk and gutters, and ^ e 3 r .' obst a shall also remove snow, hail and ice from the front of all public buildings and places, engine-houses, station-houses and court-rooms, within twenty-four hours after such snow or hail has ceased to fall, and shall keep the streets con- veniently passable for vehicles during the winter, and clean all gutters intersecting the same. ^ 9. The said contractor shall remove from the city all jjfjj^"*" dirt, manure, garbage, ashes and rubbish of every kind as fast as the same can be collected, and no deposit of any kind shall be made in the city, except such as may be suitable to fill up low ground, or sunken lots, and that may be required for such purpose, with the consent of the owner of such ground or lots, and of the City Inspector. The city will furnish to the contractor the right to use the berths designated by the Common Council for the load- ing of vessels, but the contractor must protect the right thereto from unlawful infringement. 10. If the contractor shall fail to perform any duty Neglect of contractorsj required by these specifications, for the space of twenty- four hours after he shall have been notified thereof, by notice, in writing, left at his residence or place of business, by the City Inspector, he shall be subject to a fine of five dollars, for each and every street so reported; and should said contractor fail to perform his contract, according to the written specifications, for a further space of twenty- four hours, in regard to the street or streets so reported, he shall be subject to a further fine of twenty-five dollars; 274 CLEANING STEEETS. Neglect of ga i(i fine to be deducted from the reserve fund of ten per Contractor?; respecting. cent -> hereinafter provided for ; and if such fund is not sufficient, then such fine or fines shall be deducted from such moneys as may be due, or become due, said contractor from the city. Should the said contractor further fail of performing his contract, as aforesaid, for the space of one week, the City Inspector shall, forthwith, without any delay, communicate the facts in relation thereto to the Common Council, and the said Common Council shall,, thereupon, proceed to investigate the alleged non-perform- ance of said contract, by said contractor; and it shall be optional with said Common Council to annul said con- tract, or compel a specific performance thereof by said contractor, or his sureties. Should the said contract be annulled and declared forfeited, as aforesaid, the said con- tractor shall not be entitled to claim any moneys for any- work performed under said contract, after a resolution, annulling said contract, shall have been approved by the Mayor, and written notice thereof given said contractor, in person, or left at his office or place of business. After said contract shall have been annulled, as aforesaid, it shall be the duty of the City Inspector, forthwith, to ad- vertise for proposals for cleaning the streets uncontracted for, in compliance with the specifications herein, and to cause the work, under said forfeited contracts to be done by other persons, pursuant to law, and the specifications herein; and all charges for such work, over and above the amount that the aforesaid contractor would have been entitled to for the same, together with such other expenses, losses, &c., that would have been incurred by the city, by reason of said forfeiture, shall be charged to said con- tractor; provided, however, that neither said contractor nor his sureties shall be liable for any expenditure or loss sustained by the city : by reason of said forfeiture or annul- CLEANING STREETS. 275 ment of said contract, after the expiration of thirty days from the date of said annulment, and notice thereof, as aforesaid. Should the payment due, or becoming due to the said contractor be insufficient to reimburse the city for the expense incurred by reason of said annulment, the Comptroller shall then direct such action to be taken in law as may be necessary to recover from the sureties of said contractor any deficiency that may arise by reason thereof. 11. The said contractor shall receive from the Croton ruth from Receiving ba- Aqueduct Department, and carry away all dirt, rubbish and filth taken from the receiving basins and sewers, free from any charge or expense to the city, or said Croton Aqueduct Department. 12. The contractor shall be allowed to use the Croton water from hydrants, for sprinkling streets in advance of cleaning the sweepers employed therein, but not more than one hydrant to be open at a time, and this only so far as to enable him, conveniently, to fill his watering-pots, and to be carefully closed when left. The said contractors to pay for repairs, by the Croton Aqueduct Department of hydrants damaged by the said contractors, or the men in their employ. 13. The contractor shall give good and sufficient se- ?eeority to be given by curity in an amount or amounts from not more than ten contractors, sureties, of two hundred thousand dollars, for the faithful performance of his contract; such security to be approved by the Comptroller ; and the Comptroller shall draw his warrant, semi-monthly, for the proportionate amounts of the contract, after having deducted ten per cent, from each payment, except as hereinbefore 'otherwise provided, until the expiration of each year from the time of the award of his contract, upon a certificate of the City In- 276 CLEANING STREETS. specter of the faithful performance of the work. If, at the expiration of each year, as aforesaid, the contracts have been faithfully performed on the part of the con- tractors, to the satisfaction of the City Inspector, and he shall certify thereto, then the Comptroller shall issue his warrant for the additional ten per cent, deducted from the aforementioned payment. b9 ?dve 9 rti. 14. The City Inspector is hereby authorized and di- rected to advertise for proposals, and to contract with the lowest bidder, pursuant to the provisions of the charter, for cleaning the streets and avenues of the city, for a term of five years, in compliance with the specifications herewith accompanying, and that he transmit the said award of contract to the Common Council, for con- firmation. ARTICLE II. OF THE REMOVAL OF SNOW AND ICE. from^de- 15. The owner, or occupant, or person having charge ?uttSs and of each house or other building, or lot or lots of ground, in the city of New York shall, within the first four hours after every fall of snow or hail or ra n, which shall freeze on the sidewalks and in the gutters, cause the same to be removed entirely from off the sidewalks opposite such house, building, lot or land, under the penalty of three dollars for every such neglect, to be paid by the said owner, occupant or person having charge, severally and / respectively. asifelof 16. In case the ice or snow shall be so congealed, aaad. that it cannot be removed without injury to the pavement, the owner, occupant or person having charge of any build- ing, lot or land as aforesaid, shall, within the first four hours after every fall thereof, cause the sidewalks op- OP THE REMOYAL OP SNOW AND ICE. 277 posite his, her or their premises, to be strewed with ashes 01 sand, under the penalty of one dollar, to be paid by the owner or occupant, or person having charge thereof, severally and respectively. 17. It shall be the duty of the Superintendent of Sani- Removal from cross- tary Inspection and Street Cleaning, immediately after walks. every fall of snow or hail or rain, which shall freeze on the crosswalks or in the gutters, forthwith to cause the same to be removed from the said crosswalks, and from out of the said gutters to the breadth of one foot, in the several wards respectively, and the said crosswalks and gutters shall be kept clean and free from all obstructions. 18. The owners or occupants of all houses and lots Leveling in the city of New York, shall level the snow and ice in front of his or their premises, in such a manner as will admit of the convenient passing of horses, sleighs and carriages, under the penalty of one dollar for every neglect, to be recovered from the owner or occupant, or person having charge thereof, severally and respectively. 19. In case the owner, occupant or person having TO be done by authorities charge of any house, lot, building or land, shall neglect to comply with any of the provisions of the previous sections of this chapter, it shall be the duty of Superintendent of Sanitary Inspection and Street Cleaning to cause the same to be done. 20. In addition to the penalties imposed by the pre- in such case coat to be ceding sections of this chapter, said owner, occupant pni by own- or person having charge of any such premises, shall like- wise pay to the Superintendent of Sanitary Inspection and Street Cleaning, for causing the snow to be removed, as provided in the last preceding section, the sum of eighteen and three quarter cents for every twenty-five feet in width, 278 OF THE REMOVAL OP SNOW AND ICE. which shall have been cleaned by order of the said Super- intendent, and so in proportion for any greater or less extent; which said amount the said Superintendent may sue for and recover, in any court having cognizance thereof, in the name of the Mayor, Aldermen and Common- alty of the city of New York ; the same being first demanded. ARTICLE III. OP THE SALE AND CARTAGE OP MANURE, SAND AND DIRT. to a b88oid low 2 ** ^ manure shall be sold in the city of New York by the cart or wagon load; and every such load shall con- tain fourteen bushels, heaped measure. caning of 22. All manure shall be carted in close boxes, the manure. front and sides of which shall be at least twenty inches in height, and the tail-board at least fifteen inches in height, and the said boxes shall be well secured so as to prevent any part of the load from running out. Penalties. g 23. Every person who shall neglect or violate any of the provisions of this law, shall forfeit and pay for every such offense the sum of five dollars, to be recovered in the name of the Mayor, Aldermen and Commonalty of the city of New York, in any court having cognizance thereof. JSmrL rs f 24 - The Superintendent of Sanitary Inspection and Street Cleaning may, whenever he deems the same neces- sary, employ, not exceeding six persons, to act as inspec- tors of manure, under his direction, who shall receive at the rate of one dollar and fifty cents per day for every day they may be so employed. Removal of 25. No person or persons, excepting such as are em- manure from streets. ployed by the Superintendent of Sanitary Inspection and Street Cleaning, or the contractor for street cleaning, shall take up or carry away, or remove any manure, from any ma- OF THE SALE AND CARTAGE OP MANURE, SAND AND DIRT. 279 street, lane, avenue, head of slip, or public place or wharf in the city of New York, under the penalty of ten dollars for each offense. 26. No person shall, at any time, for himself or forNotmn than t any other persor, deposit or keep on his premises, or on JJ^ the premises of any other person, manure of any kind, l ' laue - dirt, filth or sweepings, exceeding two cart loads, at any place in the city of New York to the southward of Four- teenth street, except for agricultural or horticultural pur- poses, under the penalty of twenty-five dollars for each offense. 27. No manure, filth or sweepings other than that Timo of re- mov' removed by authority of the Superintendent of Sanitary nure Inspection and Street Cleaning, shall at any time between the first day of April and the last day of November, be carted or transported to any wharf to the southward of Fourteenth street, in the city of New York, under the penalty of ten dollars for each offense. 28. No deposit of manure for sale shall be kept at * manure llr any place in the city of Ne N York, south of Twenty-eighth ^ ale - street, except as hereinafter mentioned, under the penalty of twenty-five dollars, to be paid by the owner or owners thereof, or the occupant of the lot or lots, or other place in which such manure shall be kept, severally and respec- tively. But it shall and may be lawful for the Aldermen and Councilmen of the several districts to permit, in writing, under their hands, the depositing of manure m any lot or other place in said district, south of Twenty-eighth street, with the written consent of the owner of the ground, be- tween the first day of November and the first day of March in each year, under such regulations, and during such time as they may deem proper, and subject to be re- moved at any time whatever, on the order of said Alder- men and Councilmen. 280 OBSTRUCTING THE STREETS, WHARVES, &C. CHAPTER XXIY. OF OBSTRUCTING THE FREE USE OF THE PUBLIC STREETS, WHARVES, AND PIERS. 1> No P erson shaU incumber or obstruct any street, wharf, or pier in the city of New York, with any article or thing whatsoever, without having first obtained written permission from the Mayor or Street Commissioner, or of the Superintendent of Sanitary Inspection and Street Cleaning, under the penalty of five dollars for each offense, and a further penalty of five dollars for each day, or part of a day, such incumbrance or obstruction shall continue. Cellar doors. 2. No person or persons shall construct or continue any cellar door, which shall extend more than one twelfth part of any street, nor more than five feet into any street, under the penalty of two hundred and fifty dollars for each offense. **' Every entrance, or flight of steps, projecting be- yond the line of the street, and descending into any cellar or basement story of any house or other building, where such entrance or flight of steps shall not be covered, shall be inclosed with a railing on each side permanently put up, from three to three and a half feet high, with a gate to open inwardly, or with two iron chains across the front of the entrance way, one near the top and one in the centre of the railing, to be closed during the night, unless there be a burning light over the steps, to prevent acci- dents, under the penalty of twenty dollars for every of- fense, to be recovered from the owner, assigns, or lessee thereof, severally and respectively. OBSTRUCTING STREETS, WHARVES, &C. 281 4. Tliis ordinance shall not apply to buildings already Exception. erected before the twenty-fifth of March, one thousand eight hundred and thirty- four, until the owners and occu- pants thereof shall receive twenty days 7 notice, from the Street Commissioner, directing such railing, with gate or chain to be put up in manner aforesaid. 5. The owner of any such building shall not be liable Ibid - for the said penalty, for not keeping any such gate closed, or chains fastened across the front of such entrance or flight of steps, when not the actual occupant thereof, any thing to the contrary, in this chapter contained notwith- standing. 6. No person or persons shall construct or continue windows, any bay-window or other window, which shall extend into any street more than one foot from the wall of any house or other building, under the penalty of two hundred and fifty dollars for each offense, to be paid by the owner or owners thereof, or the person or persons who constructed the same severally and respectively. 7. No person or persons shall hereafter construct Cellar porch, any porch over a cellar door, under the penalty of two hundred and fifty dollars. 8. No person or persons shall construct or continue stoops, piat- any platform, stoop or step, in any street in the city of New York, which shall extend more than one tenth part of the width of the street, nor more -than seven feet, nor with any other than open backs or sides, or railing; nor of greater width than is necessary for the purpose of a convenient passage-way into the house or building; nor any stoop or step which shall exceed five feet in height; under the penalty of two hundred and fifty dollars. 19 282 OBSTRUCTING STREETS, WHARVES. &C. Exception. 9. Nothing contained in the preceding sections of this chapter, shall be deemed to prohibit the continuation of any porches, doors, stoops, platforms or steps, which were heretofore erected, unless the same shall be complained of to the Street Commissioner, and he shall have directed their removal or alteration within a reasonable time. Balustrades. n i /\ i -n -11 r, ,11 10. All persons who wish hereafter to erect balus- trades projecting beyond the street line, shall first obtain a written permit from the Street Commissioner. 11. No balustrade shall hereafter be erected, excepting from the second story of any house, nor shall it project more than one twentieth of the width of the street wherein it may be erected, nor more than three feet in any case whatever. ibid. g 12. None but iron braces and railings shall be used for balustrades; the strength and firmness shall be tested by the Street Commissioner; and in case he object to the strength of the same, it shall be made as he shall direct, or removed, under penalty of five dollars per day. posts 13. No post shall be erected or put up in any of the streets, roads, lanes or highways in the city of New York, unless under the direction of the Street Commissioner, under the penalty of five dollars for every such post, Awning posts 14. No person shall place or fix, or continue in any street in this city, any awning post or railing, or any cloth or canvas for an awning, unless under the direction of the Street Commissioner, and made conformably to the next section of this chapter, under the penalty of ten dol- lars for each offense. ibia. 15. All posts fixed in any street for the purpose of supporting any awning, shall not exceed nine inches in OBSTRUCTING STREETS, WHARVES, &C. 283 diameter, and the rail crossing the same shall not exceed seven inches in width or height, and four inches in thick- ness; the said posts shall be placed next to and along the inside of the curb stone, and the upper side of the rail, which is intended to support the awning, shall not be less than eight feet nor over ten feet in height above the side- walk, and the cross-rail shall be strongly mortised through the upright posts. 16. It shall be the duty of the said Street Commis- Awning posts sioner to order and direct any awning post which is erected or continued in any street in the city of New York contrary to the last above section, to be forthwith re- moved; and any person who shall neglect or refuse to comply with such direction and order, shall forfeit and pay for every such offense the sum of ten dollars. 17. The owners or occupants of property in any street iwd. of this city, exceeding the width of forty feet, and from which the wooden awning posts have been or may here- after be directed to be removed, shall be, and they are hereby permitted to erect in front of their respective buildings thereon, iron posts, and none others, for the support of awnings, with an iron cross-rail, which shall be nine feet and no more, from the curb stone to the top of said rail; said posts shall be placed eight inches within the outer side of the curb stone, and shall conform in all respects to a pattern or model now deposited in the office of the Street Commissioner. 18. Such iron posts, as well as those which may be n>id. at the time of the passage of this ordinance erected in any street of this city, shall be well and securely braced from the building with wrought iron rails or rods, at least one inch in diameter, in the proportion of one brace for each post. 284 OBSTRUCTING STREETS, WHARVES, &C. Awning posts 19. The owners or occupants of property in any street not exceeding the width of forty feet, shall be, and they are hereby permitted to construct from their respec- tive buildings thereon, wrought iron brackets for the sup- port of awnings ; which said brackets shall be firmly secured to the building, and project on a line with the inner side of the curb stone, and shall be eight feet and six inches, and no more in height, from the curb stone to the top of the outer cross-rail. iwd. 20. It shall be the duty of the Street Commissioner to order and direct the removal forthwith, of all iron awning posts and brackets which are now, or may be hereafter erected, constructed, or continued in any street of this city, contrary to the preceding provisions of these ordinances, and any person who shall neglect or refuse to comply with such direction or order, shall forfeit and pay for every such offense, the sum of five dollars. 21. The preceding sections relating to awnings and awning posts, shall not apply where the erection of iron awning posts and brackets are permitted by these ordi- nances. Awnings. g 22. No portion or part of any cloth or canvas used as an awning, shall hang loosely down from the same, over the sidewalk or foot-path, under the penalty of five dollars for each day's offense. Removal of 23. The Street Commissioner is hereby authorized, s ' whenever he shall deem it proper, to order any step-stone used for entering carriages, any railing or fence, any sign, sign-post, or other post, any area, bay-window, or other window, porch, cellar, door, platform, stoop or step, or any other thing which may incumber or obstruct any street, to be altered or removed therefrom, within such time as shall be limited by the said Commissioner. OBSTRUCTING STREETS, WHARVES, &C. 285 \ 24. The order or direction, mentioned in the last pre- Removal of Obstructions. ceding section, shall be in writing, and shall be served personally, or by leaving it at the house or place of busi- ness of the owner, occupant or person having charge of the house or lot in front of which such step-stone or other incumbrance or obstruction may be; or by posting the said nodce or order upon such step-stone or other incum- brance or obstruction. 25. If any owner, occupant, or person having charge nd. of any such house or lot in the city of New York, shall refuse or neglect to obey or comply with such notice or order, he, she or they shall forfeit and pay the sum of ten dollars; and the further sum of five dollars for each and every day, from and after the time limited and appointed in said order, until the same shall have been complied with. 26, No goods, wares, merchandise or manufactures of Brides. bal ~ any description, shall be placed or exposed to show or for sale, upon any balustrade, that now is, or hereafter may be erected in this city, under the penalty of ten dollars for each offense. 27. No person shall hang or place any goods, wares Hanging J e goods in front or merchandise, or any other thing, at any greater distance of premises, than twelve inches in front of his, her or their house or store, or other building, under the penalty of five dollars for each offense. 28. No person shall place, hang or suspend at an 7 ^fj greater distance than twelve inches in front of, and from boards - the wall of any house or store, or other building, any sign, showbill, or snowboard, under the penalty of ten dollars, for each offense. 29. The said Street Commissioner, with the assent of Trees, the Alderman and Councilmen of any district of a ward in 286 OBSTRUCTING STREETS, WHARVES, &C. which any tree may be standing, may cause the same to be cut down and removed from the street, and shall cause so much of the sidewalk or carriage-way as may be injured by the removal of such tree, to be properly repaired. 30. No person shall plant, or suffer or permit any tree or shoot to be planted, in any street in the city of New York, under the penalty of fifteen dollars for every such offense. 31. The last preceding section of this chapter shall not be construed, to prevent the planting of trees in any street which is of the width of forty feet and upwards, provided the same be planted upon the sidewalk or foot-path, and within twelve inches of the curb stone. H>id. 32. No person shall cut down, destroy, or in any way injure any tree or shoot, standing in any street or public place in the city of New York, under the penalty of fifty dollars for each offense. go a ods ng out- 33 - No person or persons in the city of New York, wdeof i a- ^gthgj, a gent, owner or employer, shall suffer or permit any cask, bale, bundle, box, crate or any other goods, wares or merchandise, or any boards, planks, joists or other timber, or any thing whatsoever, to be raised from any street on the outside of any building, into any loft, store or room; or to be lowered from the same, on the out- side of any building by means of any rope, pulley, tackle or windlass, under the penalty of twenty-five dollars, to be recovered by an action of debt from such person, agent, owner or employer. obstructing 34. N person shall lead, drive or ride any horse, or drag any wheel or hand-barrow, or saw any wood, or lay or place any wood, coal or other thing, or any goods, wares or merchandise, or any other article whatsoever, OBSTRUCTING STREETS, WHARVES, &C. 287 upon any foot-path or sidewalk, under the penalty of five dollars for each offense. 35. No person shall drive, or back, or lead any horse Horses,carta, or cart, or other wheel carriage, on the foot-path or side- side -walks. _ walk of any street, under the penalty of five dollars for each offense. 36. No owner or occupant of any store or house shall Ibid - permit or suffer any cart or other wheel carriage, to be driven, or otherwise to pass, or go over or upon the foot- path or sidewalk opposite to such house or store, for the purpose of loading or unloading such cart or other wheel carriage, or for any other purpose whatever, under the penalty of five dollars for each offense. 37. If any cartman or other person shall break or Injuring side- walks otherwise injure any foot-path or sidewalk, he or they shall, within twenty-four hours thereafter, cause the same to be well and sufficiently repaired and amended, under the penalty of ten dollars. 38. No person shall obstruct the walks laid across the cross-walks and heads of public streets, or at the head of the public slips in the sli P 3 -< city of New York, by placing or stopping his horse, cart or other carriage, upon or across any of the said walks, or by placing or putting any other obstruction or thing across or on the same, under the penalty of five dollars for each offense. 39. No person, without permission of the Common carrying dirt r &c., from the Council, shall take up, remove, or carry away, or cause or streets, permit to be taken up, removed or carried away, any turf, stone, sand, clay or earth from any street, public place, or highway in the city of New York, under the penalty of twenty-five dollars for each offense. 40. No person shall remove, or cause or permit to be Moving t>uir removed, or shall aid or assist in removing any building 288 OBSTRUCTING STREETS, WHARVES, &C. into, along or across any street, lane or alley, or public place in the city of New York, to the southward of Four- teenth street, under the penalty of two hundred and fifty dollars for every such offense. Payments. ^1. No pavement in any street in the city of New York, which has been accepted by the Corporation to be kept in repair at the public expense, shall hereafter be taken up, or the paving-stones removed therefrom, for any purpose whatever, without the authority of the Common Council, or the written permission of the Croton Aqueduct Board, under the penalty of two hundred and fifty dollars for every such offense. Dumping 42. No person, without permission of the Common earth, &c., in the streets. Council, shall dump or deposit any earth, dirt, rubbish or other article, (except for the purposes of building,) in any street, either upon the cartway, or sidewalks, or any pub- lic place, under the penalty of ten dollars for every of- fense, and if the same shall be dumped or deposited by a dirt cart, the owner or driver thereof shall also be liable to be punished for misdemeanor, pursuant to the provisions of the act of the Legislature, entitled " An act relative to the powers of the Common Council of the city of New York, and the Police and Criminal Courts of the said city," passed January 23d, 1833. OP THE PUBLIC PLACES AND GROUNDS. 289 CHAPTER XXV. OF THE PUBLIC PLACES AND GROUNDS. 1 . No person shall play at ball, quoits or any other sport or play whatsoever, in any public place in the city of New York, nor throw stones, nor run foot races in or over or upon the same, under the penalty of five dollars for each offense. 2. No person shall walk, stand or lie upon any part Grass and Shrubbery. of the Park, Battery, or any other public square or place which is laid out and appropriated for grass or shrubbery, under the penalty of five dollars for each offense. 3. No person shall pull up, break down, trample upon Trees, grass, or injure any of the trees, grass or shrubbery in any such public square or place, under the penalty of five dollars for each offense. 4. The persons exercising the duties of keepers of the Enforcement, public places shall see that the foregoing provisions are observed. 5. The said persons so exercising the office of keepers, swme & cat- are hereby particularly enjoined to have removed to the public pound, all swine and neat cattle which are found within the public places and grounds, and to report to the Attorney of the Board all violations of this law. 6. No carriage-horse, or cart shall be allowed to enter vehicles in the Park, but those having business with some officer loca- ted therein. 7. No person shall deposit, or cart manure of any Battery, kind, dirt, filth, sweepings of streets or rubbish, upon that 290 OP THE PUBLIC PLACES AND GROUNDS. portion of the city known as the Battery, or upon the Bat- tery enlargement, under the penalty of twenty -five dollars for each offense, to be recovered from the owner of any boat, cart or other vehicle, or the person having charge of the same, severally and respectively. 8. The Mayor of the city is hereby authorized to en- force the provisions of the last section, until a sea wall is built around the Battery enlargement. penalties. 9. The Corporation Attorney is hereby authorized and directed to prosecute for the penalty, all complaints for any violation of section 7 of this chapter. OP LEASING THE PUBLIC WHARVES. 291 CHAPTER XXYI. OF VESSTiLS, WHAKVES, PIEES AND SLIPS. ARTICLE I. OF LEASING THE PUBLIC DOCKS, WHARVES, PIERS AND SLIPS. II. OF THE LAYING OF VESSELS AT THE WHARVES, AND REGULATIONS OF VESSELS. III. OF THE RATES OF WHARFAGE. IV. OF INCUMBERING THE SLIPS. V. OF THE RINGING OF BOAT BELLS. VI. OF THE LUMBER DOCK. ARTICLE I. OF LEASING THE PUBLIC DOCKS, WHARVES, PIERS AND SLIPS. 1. The several docks, wharves, piers and slips belong- Leasing 5 Wharves,&c. ing to the Corporation, and not now leased by private contract, shall, from time to time, be leased singly, at pub- lic auction, in the most advantageous manner, to the highest bidder, by the Comptroller, such leases to be for a term of not less than one, nor more than ten years, sub- ject to the reservation or exception of small boats, con- tained and mentioned in the next section of this chapter, and also subject to the usual covenants contained in the leases of the said public docks, wharves, piers and slips, and such other stipulations as the Comptroller may deem expedient ; and such leases shall be made in accordance with the provisions of the act of the Legislature, entitled " An act further to amend the charter of the city of New York," passed April 14, 1857. 2. The rates of fees of wharfage on vessels of not Leasing more than five tons burden, accruing in all or any of the smaii bftta. Report of vi- olations. 292 OF THE LAYING OF VESSELS AT WHARVES, &C. docks, wharves, piers or slips within this city which by law they may use, belonging to the Corporation, shall hereafter be separately leased, and be known as the Small Boat District; and the necessary reservation or exception of such small boats shall be made in the other leases of the docks and slips. 3. It shall be the duty of the lessee or lessees of the public wharves, piers and slips, for the time being, to report to the Attorney of the Corporation, the names of all persons who shall violate any of the provisions of this chapter. ARTICLE II. OF THE LAYING OF VESSELS AT THE WHARVES, AND THE REGU- LATIONS OF VESSELS. 4. The Superintendent of Wharves of the city of New York, shall and may order any vessel, steamboat or small craft) to remove from the berths assigned and reserved for the manure boats in the public slips; and any person who has the charge of any vessel, steamboat or small craft, who shall neglect or refuse to obey the order of the said Superintendent in the premises, shall forfeit and pay for every such offense the sum of fifty dollars. sea vessel*. 5. If any description of sea vessel shall come into or lay at or within any of the said docks, wharves, piers or slips, or if any coasting vessel, above the burden of one hundred and fifty tons, shall come into or lay within the same, excepting the Old and Coffee-house slips, unless by special permission in writing, obtained therefor from the Mayor or Superintendent of Wharves, agreeably to the provisions of this chapter, the owner, master or person hav- ing charge of the same, shall forfeit and pay for every such offense the sum of ten dollars, and the additional sum Laying of Vessels. OF THE LAYING OF VESSELS AT WHARVES, &C. 293 of ten dollars for every twenty-four hours any such vessel shall lay at or within the same. 6. If any coasting vessel above the burden of one ^ stiDg ves ~ hundred tons shall come into or lay at or within any of the public docks, wharves, piers or slips, situate on the East river, excepting the Old and Coffee-house slips, un- less by special permission in writing, obtained therefor from the Mayor, or Superintendent of Wharves, the owner, master or person having charge of the same, shall forfeit and pay for every such offense the sum of ten dollars for every twenty-four hours any such vessel shall lay at or within the same. 7. The last preceding section of this chapter shall not IM*. be construed to prevent all or any coasting vessel belong- ing to this State, and navigating the Hudson river, from coming into and laying at and within any of the public wharves, docks, piers and slips of this city, in like manner as if they were under the burden of one hundred tons. 8. If any steamboat, safety-barge, tow boat or freight steamboats, boat, connected with any steamboat establishment shall come into or lay at or within any of the public docks, wharves, piers or slips aforesaid, or shall occupy the water belonging to any such public dock, wharf, pier or slip, un- less by special permission, in writing, obtained therefor from the Mayor, or Superintendent of Wharves, the owner or owners, master, agent or person having charge of the same, shall forfeit and pay for every such* offense the sum of twenty-five dollars, and the additional sum ot twenty- five dollars for every twenty-four hours any such vessel shall lay at or within the same. 9. The private wharves and piers fronting on and steamboats, adjacent to the slip lying between the foot of Cortlandt street and the foot of Liberty street, on the North river, 294 OF THE LAYING OF VESSELS AT WHARVES, &C. are hereby designated and appropriated for the exclusive use of steamboats. vSS al f ' 10- If tne master, owner, or person having charge of any vessel or small craft, which shall lay in any of the aforesaid public slips, shall not remove the same out of such slip, or from one part of such slip to another part thereof, as may be directed, by the expiration of the time within which he, or any seaman, mariner or person em- ployed on board, may be so ordered to remove such vessel or small craft, either by the Mayor or Superintendent of Wharves, every such owner or master of such vessel or small craft shall respectively forfeit and pay for every such offense the sum of twenty-five dollars. SyiSft&c.or 11- Either of the persons mentioned in the preceding sections of this chapter, may give such order and direc- tions, from time to time, to the owner, master or person having charge of any sloop, boat or other vessel whatsoever, laying at or within any of the said public wharves, docks, piers or slips, or to any seaman, mariner or person employ- ed on board, as they shall respectively think just and pro- per, touching the laying, fastening and berth of any such sloop, boat or other vessel whatsoever. Penalty. g j2. jr or every neglect or refusal to comply with any such order and direction, mentioned in the last preceding section of this chapter, the owner, master or person having charge of any such sloop, boat or other vessel, shall forfeit and pay the sum of twenty-five dollars. Ferry slips, 13. If any boat or vessel of any description whatso- and obstruct- . in . , -, i ing Ferry ever, excepting ferry boats, shall come into and lay in any slip used and appropriated for a ferry, without permission of the Mayor, or Superintendent of Wharves, or shall lay at any dock or wharf, so as to incommode the going into or OP THE LAYING OF VESSELS AT WHARVES, &C. 295 coming out, or the turning of any ferry boat; or if any vessel, in hauling up or dropping down before either of the slips in which' any ferry is kept, shall not drop its fast or anchor on the approach of any ferry boat, so as not to incommode or obstruct the same, the master, owner or person having charge of such boat or other vessel, shall forfeit and pay, for every such offense, the sum of ten dol- lars. 14. No ship or other vessel shall lay at anchor in the K^ 1 ^ East river, within a distance of sixty yards from a direct Eastnver - line between the landing places of either of the public ferries across the said river, under the penalty of twenty- five dollars for each offense, to be paid by the master, owner, or other person having charge of such ship or vessel. 15. No person shall bring any vessel or vessels what- spring street soever, excepting market boats, and other small boats, within the slip belonging to the Corporation, at the foot of Spring street, under the penalty of five dollars for every such offense, to be paid by the owner or owners, master or persons having charge thereof. 16. If any vessel, excepting such as shall belong solely Pecksiip. to persons residing in the States of New Jersey, Connecti- cut and New York, or either of those States, and trading to and from either of the said States and this city, shall be brought into or shall lay at or within Peck slip, the owner, master or person having charge of any such vessel shall forfeit and pay for every such offense, the sum of ten dol- lars. 17. If any vessel or small craft shall be brought into Antics *KV- or shall lay at or within Coenties slip, the owner, master or person having charge of any such vessel or small craft. 296 OF THE LAYING OP VESSELS AT WHARVES, &C. shall forfeit and pay for every such offense the sum of twenty-five dollars, and the further sum of ten dollars for every twenty-four hours the same shall lay at or within the said slip. coenties slip. 18> The lagfc preceding sect i on of t]lis c i iap ter shall not be construed to apply to vessels or small craft belonging solely to persons residing either in the State of New York, New Jersey or Connecticut, and which trade to and from either of the said States and this city. ketsi!p. ma 19. No person shall bring any vessel or vessels what- ever, excepting market boats, periaugers, canoes or small craft, within the bulkhead and piers of the Corpora- tion slips in front of Fulton market, under the penalty of ten dollars for each offense, to be recovered from the owner or owners, or person or persons having charge thereof, severally and respectively. 20. All market boats, periaugers and canoes, or other small craft, of not more than the burden of five tons, coming to the bulkhead and piers mentioned in the last preceding section, shall have the owner's name painted at full length, in legible letters, in a conspicuous place on the inside of the stern, under the penalty of ten dollars, to be paid by the owner, master, or person having charge of the same, severally and respectively. Market boats 21. All market boats, periaugers and canoes, of not Periaugers & * canoes. more than the burden of five tons, coming to any of the said public docks, wharves, piers or slips, shall ghave the owner or owners' name or names painted at full length, in legible letters, on the inside of the stern, under the penalty of ten dollars for each offense, to be paid by the owner, master or person having charge of the same. siip between A 22. The basin or slip fronting to West street, on the Amos and * * Hudson river, and laying between A.mos street and Charles OP THE RATES OP WHARFAGE. 297 street, is hereby appropriated and set apart exclusively for the use of boats bringing hay to the city. ARTICLE III. OP THE RATES OF WHARFAGE. 23. The master, owner, or person having charge of Rates of any ship or vessel, or small craft whatever, using or com- ing to lay with such ships or vessels, at or within any of the docks, wharves, piers or slips within the city of New York, belonging to the said Corporation, if such vessel be of not more than five tons burthen, shall pay to the lessee for the time being, of the small boat district, the like rate of fees of wharfage for so laying or using, as now are or hereafter may be, established and allowed by the Legislature of the people of the State of New York, to be taken and removed by the proprietors of private wharves in said city. 24. If any such vessel, as mentioned in the preceding sec- ibid. tion of this chapter, be of more than five tons burthen, such owner or person having charge thereof, shall pay to the lessee or lessees for the time being, of the dock, wharf, pier or slip, at or within which such slip or vessel shall lay, the like rate or fees of wharfage, as now are or here- after may be established and allowed by the Legislature of the people of the State of New York, to be taken and received by the proprietors of private wharves in the said city. 25. The preceding sections of this article shall be so ibid, construed, that for all vessels of not more than five tons burthen, there may be paid as aforesaid, in case the owner or master shall elect so to do, on their coming to lay at any of the said docks, wharves, piers or slips, after the 20 298 OF THE RATES OF WHARFAGE. first, day of May inclusive in every year, the sum of two dollars and fifty cents, for the use of all the Corporation, docks, wharves, piers and slips, within the said city which by law they may use, for the year ending on the last day of April ensuing; which sum shall be paid to the lessee of the small boat district, and shall exonerate such vessel from all other fees of wharfage for the year then current, whSSfge. 26 - The preceding sections of this article shall also be so construed, that for all vessels of more than five tons burthen, and under twenty tons burthen, there shall be paid only thirty cents per day, subject to abatement or half wharfage, according to the provisions of the laws of this State, when not having dock berths. bw 27. If the master, owner, or person having charge of any such ship or vessel, coming to lay with such ship or vessel, at or within any of the said docks, wharves, piers or slips, on or after the said first day of May, as men- tioned in the 25th section of this chapter, shall elect to pay to the lessee for the time being, of the district in which such dock, wharf, pier or slip is situate, at and after the rate, and in the manner mentioned in the next succeeding section of this article, such ship or vessel shall be exone- rated from any other or further payment in said district, for the residue of such year. wd 28. The following are the rates of wharfage men- tioned in the last preceding section of this article, to wit : 1. Between the first day of May and the last day of July inclusive, sixty cents per ton. 2. Between the first day of August and the last day of October, inclusive, forty-five cents per ton. 3. Between the first day of November and the last day of January, inclusive, thirty cents per ton. I OF THE KATES OF WHARFAGE. 299 4. Between the first day of February and the last day of April, inclusive, fifteen cents per ton. 29. The two last preceding sections of this article shall wharfage, be so construed, that in case any ship or vessel shall remain in any of the public slips more than fifteen successive days, such ship or vessel shall be subject to daily wharfage thereafter, until such ship or vessel shall depart from such slip, notwithstanding such ship or vessel shall have electedlo pay wharfage by the year. 30. Notwithstanding anything herein contained, any Ibid - vessel paying daily wharfage, entitled to lay within or at any of the said docks, wharves, piers or slips, and which shall be laid up and out of employ, with their cargoes landed and sails unbent, between the tenth day of Decem- ber and the tenth day of March inclusive, in any year, shall be subject for the time during which said vessel shall be so laid up, to the payment of a sum or sums not ex- ceeding one half of the wharfage which they are subject to pay when in active employment; but such vessels shall be liable to be ordered to be removed; agreeably to the provisions of the second article of this chapter. 31. The owner, master, or person having charge of Ibid - any ship or vessel, coming to lay with any such ship or vessel, at or within any of the docks, wharves, piers or slips, within this city, belonging to the Corporation, on or after the first day of May, in any year, shall not be exone- rated from the payment of the daily rates or fees of wharfage allowed by the laws of this State, unless the said persons, or some one of them shall, upon such vessel first coming in, and such person or persons being called on by the lessee or his agent for that purpose, forthwith elect to pay to the lessee of the district in which such dock, wharf, pier or slip is situated, the yearly or periodical 300 OF INCUMBEEING THE SLIPS. rates or fees of wharfage allowed by the 27th and *28th sections of this chapter. ARTICLE IV. OF INCUMBEEING THE SLIPS. 32 ' Jt slia11 not be lawful * r the owner r master, or person having charge of any vessel that shall be out of employ, to lay up the same at any of the public docks, wharves, piers or slips, between Stanton street and White- hall slip, except with the written consent of the Super- intendent of Wharves. of 33. No person shall careen or cause to be careened, any vessel at or within any of the public docks, wharves, piers, quays or slips, under the penalty of ten dollars, for every day for which such vessel shall continue to be ca- reened, to be paid by the owner or owners, master or person having charge of such vessel, severally and re- spectively. 34. No person shall bring into any of the said public slips. flocks or slips, nor make nor leave there, the wreck of any ship or vessel, whereby such dock or slip may be incommoded, or the entrance or departure of any vessel or small cralt in anywise obstructed, under the penalty of twenty-five dollars for every such offense; and the fur- ther penalty of ten dollars for every day, or part of a day the wreck of such ship or vessel shall so continue or re- main in any such dock or slip. chonT&c a ?n ^* ^ P erson sna ^ cas * an y anchor, grappling or the docks, &c kjjiock i n to or near any of the docks, wharves, piers, quays or slips of the said city ; or shall place any cable, rope, chain, or line across the entrance of any slip; or shall permit or cause any vessel to lay id. dred and fifty dollars, payable quarterly, for his services; and shall hold his office during the pleasure of the Com- mon Council. 47. He shall, on the first Monday of every month, n,i d . render to the Comptroller, a full and particular statement of all moneys received by him as such officer, verified by oath, stating the names of the persons from whom such moneys were received; the date, the amount and the quan- tity of timber or logs on which the same was charged; and shall, once in each year, on the first Monday of Janu- -ary, and often er, if required, furnish a statement to the Common Council, of the whole quantity of timber, logs, spars and other articles which shall have been brought into the said lumber dock during the preceding year; and also the amount remaining therein at the time of making such report. 304 OP THE LUMBER DOCK. superintend- 48. He shall also keep a book, in which shall be ent of Lum. ber Docks, entered the names of all persons bringing timber to the said lumber dock, specifying therein, the dates, qualities and prices charged therefor, and when the same shall be taken away. JShogany ^' ^ mahogany or other imported wood, or any Marble, &c. ki oc kg O f granite or marble, shall be allowed to be de- posited in any slip below Pike street, on the east, or Canal street on the west side, and not without the written per- mission of the Superintendent of Wharves. ent e of nt Lum- ^0. The said superintendent shall not, in any manner i>er Dock. or way wna t e y er> either directly or indirectly, be con- cerned in the purchase or sale of any timber or lumber whatever, either in the said dock, or to be brought therein, and in case of any breach of the provisions of this section, he shall forfeit his office, and shall not after- ward be eligible thereto. 51 ' The following rates shall be fixed and collected by the superintendent, on all the articles hereafter men- tioned, for admission and storage within the Lumber Dock, viz : On all squared oak timber, three-eighths of one cent for admission, and one and a half cent per year, for every cubic foot. On all squared pine or other timber, except oak, one quarter of one cent for admission, and one cent per year, for every cubic foot. On all dock or pump logs, four cents admission, and sixteen cents per year for each piece. On all spars or masts, not over fifty feet in length, twenty-five cents for each admission, and one dol- lar per year, for each piece. OF THE LUMBER DOCK. 305 On all spars or masts over fifty feet in length, and not exceeding eighty feet, fifty cents for each admis- sion, and two dollars a year, for each piece. On all spars or masts eighty feet or upward in length, seventy-five cents each for admission, and three dollars per year, for each piece. On all plank and other sawed lumber, four cents ad- mission, and sixteen cents per year, for every thousand feet. Such charges for admission shall be paid, whenever the articles shall be placed within the dock, and be deducted from* the payment for rent, when the lumber is taken out of the dock; the rent shall be paid quarterly; and whenever any timber or other articles shall not be kept within the dock for the period of three months from the time of admission therein, the charge thereon shall be the same as if such timber or other articles had remained therein for the period of three months, and so for every three months thereafter. A.ny expenses which may be incurred, by reason of the removal of any timber or spars, within the basin, by the direction of the superintendent, shall be chargeable to the owner or owners of such timber, and paid by him or them, in the same manner as the other charges under this law. 52. The Comptroller shall lease at public auction, wharves,&c- at Lumber such portion of the wharves and piers around the Lumber Dock. Dock, as may not be required for the use of the dock; and may grant the privilege of piling lumber thereon, until the first day of May next; and shall lease the same annually thereafter, at the same time and in the same manner as the other wharves are leased by him. 306 OF THE LUMBER DOCK. superintend- 53. It shall be the duty of the superintendent not to ent of Lum- ber Dock, permit any timber or other articles within said Lumber Dock, to be removed therefrom, until all charges thereon are first paid. 54. The Comptroller shall furnish the superintendent ibid. with a suitable book, for the purpose of keeping all ac- counts therein, which shall be handed over to his successor in office, from time to time. OF SALES IN THE PUBLIC STREETS. 307 CHAPTER XXVII. OF SALES IN THE PUBLIC STREETS. ARTICLE I. OF PLACES AT WHICH FURNITURE MAY BE SOLD AT AUCTION IN THE STREETS. II. OF THE REGULATION OF SALES IN THE PUBLIC STREETS. ARTICLE I. OF THE PLACES AT WHICH FURNITURE MAY BE SOLD AT AUC- TION IN THE STREETS. 1. The following places are hereby designated as the 2JJ^ places at which articles of furniture may be exposed for ture. sale and sold, that is to say: 1. At Peck slip, between Pearl street and Front street. 2. At Burling slip, between Pearl street and Front street. 3. At Old slip, between Water street and Front street. 4. In Broad street, between Front street and South street. 5. In Yesey street, between Church street and Wash- ington street. 6. In the square in front of Greenwich market, on a line with Christopher street, west of Greenwich street. 2. No goods, wares, merchandise, or other thing what- nn-e of sales ever, shall be sold at auction, or exposed for sale in any m street, road, lane, highway or public place in the city of I 303 OP SALES IN THE PUBLIC STREETS. New York, except between the hours of nine o'clock in the morning and two o'clock in the afternoon of each day, under the penalty of ten dollars for every such offense, to be sued for and recovered from the seller, auctioneer, or his agent, severally and respectively. ARTICLE II. OF THE REGULATION OF SALES IN THE PUBLIC STREETS. Permission S 3. No auctioneer, or his agent or servant, or any other to bo gotten of wn< ise3 P erson > sna ll se ll at auction, or expose for sale, or lay or place any goods, wares, merchandise or other thing, in any street, road, lane, highway, or public place in the city of New York, unless such person shall first obtain the con- sent or permission, in writing, of the occupant of the lot or building before which such articles, or any part there- of, shall be placed or exposed for sale, under the penalty of ten dollars for every such offense, to be sued for and re- covered from the seller, auctioneer or his agent, severally and respectively. Extent to 4. Such articles, after permission granted as required which streets oc - in the third section of this chapter, when placed or ex- posed for sale, shall not occupy more than one third part in width of the carriage way of any street, under the pen- alty of ten dollars for every such offense, to be sued for and recovered from the seller, auctioneer or his agent, severally and respectively. Regulations & 5. No person shall' sell, or expose for sale, or lay or as to certain articles. place in any street, lane, road, highway or public place, at any time between the first day of June and the first day of November in each year, any salted beef or pork, dried or pickled fish, blubber, hides, cotton or wool, under the penalty of ten dollars for each offense, to be sued for and recovered from the seller, auctioneer or his agent, severally and respectively. "OP SALES IN THE PUBLIC STREETS. 309 ' 6. No person shall sell, or expose for sale at auction AS to sale or carriages and any carriage or carriages, or any animal or animals, of JJ^J^ any description, in any public street or place in the city of New York, except in the Fourth avenue, at the corner of Eighty-sixth street, under the penalty of ten dollars for each offense, to be sued for and recovered from the seller, owner or purchaser thereof, severally and respectively. 7. Every article exposed to sale at auction, or sold in Things sold in streets to -any public place, street, lane, road or highway in the city f ely i ^ e d v i : of New York, shall be removed from the same by the set- ed - ting of the sun of the day of selling or exposing to sale, under the penalty of ten dollars for each offense, to be sued for and recovered from the auctioneer, his agent, or the purchaser thereof, severally and respectively. 8. No bellman or crier, nor any drum or fife, or other Advertising instrument of music, nor any show signal, or means of at- tracting the attention of passengers other than a sign or flag, shall be employed, or suffered or permitted to be used, at or near any place of sale, or at or near any auction- room, or at or near the residence of any auctioneer, or at or near any auction whatsoever, under a penalty of ten dollars for eac'i offense to be sued for and recovered from the person using the sarno, and the auctioneer or his agent, suffering or permitting the same, severally and respec- tively. 9. No auctioneer, or other person, shall sell or expose Paies r,r cer- for sale at public auction or vendue, anv dry goods, hard- in streets J f prohibited. ware, wooden ware or tin ware, by retail or in small par- cels or pieces, in any public street, lane, highway or public place in the city of New York, (articles of household fur- niture at the places, and as is hereinbefore provided, alone excepted,) under the penalty of ten dollars for each of- fense, to be sued for and recovered from the seller, auc- tioneer or his agent, severally and respectively. 310 OP SALES IN THE PUBLIC STREETS. sates at auc- 10. No auctioneer, or his agent, or servant shall sell or expose for sale at public auction, any goods, wares, merchandise, or other thing whatsoever, to any person or persons who, at the time of bidding for the same, or whilst examining the same, shall be on the sidewalk or carriage- way of any of the streets of the city, under the penalty of ten dollars for every such offense. construction. n. This chapter shall not be construed to pre- vent the sale of goods to persons who may be standing on the carriage-way of such streets or parts of streets or places, as are hereinbefore mentioned and designated. tob&SoSf' 12. No person shall sell, or expose for sale, any meat r fish, or food of any description, in any of the streets or public squares in this city, other than in the markets of said city, under the penalty of ten dollars for each offense, except as follows: Permission is hereby given to farmers and market gardeners to occupy daily, until 12 o'clock, M., free of charge, the vacant space of the northern and south- ern extremities of the intersection of Broadway and Sixth avenue, between Thirty-second and Thirty-fifth streets, without infringing upon the streets which the said space intersects, for the purpose only of selling vegetables and market produce of their own farms or gardens, under the supervision and control of the City Inspector. 13. All persons offending against the last preceding section, shall be deemed guilty of a misdemeanor, and be punished, on conviction before the Mayor, Recorder, or one of the Police Justices of said city, by a fine not ex- ceeding ten dollars, or in default of the payment of such fine, by imprisonment, provided such imprisonment does not exceed ten days. OF SALES IN THE PUBLIC STREETS. 311 14. No auctioneer, or his agent, or servant, or any sale of Farm- other person, shall lay, or place, or sell or expose for sale, any article of household furniture in any street, or public place in the city of New York, other than such as is here- inbefore designated or mentioned, under the penalty of twenty dollars for every such offense, to be sued for and recovered from the seller, auctioneer, or his agent or ser- vant, severally and respectively. 15. No furniture, goods, wares, merchandise, or other ^^ in Chat - ham square. article or thing whatever, shall be sold at auction, or ex- posed for sale by any auctioneer, his agent or servant, or by any other person or persons, upon the sidewalk of Chatham square, between James street and Catharine street, in the city of New York, under the penalty of twenty dollars for every such offense, to be sued for and recovered from the seller, auctioneer, or his agent or ser- vant, or any other person or persons offending, severally and respectively. 16. Such articles, when exposed for sale, shall not ibid, occupy more than twenty feet in width, and not more than twenty-five feet in length, of the carriage-way of Chatham square, between James street and Catharine street, in the said city, and shall not be placed within ten feet of each corner of the streets intersecting Chatham square, nor shall any such articles be placed upon, sold or exposed for sale upon any of the cross-walks or intersec- tions of or in said Chatham square, under the penalty of twenty dollars for every such offense, to be sued for and recovered from the seller, auctioneer, or his agent or ser- vant, severally and respectively. 17. All furniture, goods, wares, merchandise or other ^id- article or thing whatsoever, sold or exposed for sale in 312 OP SALES IN THE PUBLIC STREETS. Chatham square, between James street and Catharine street, and authorized to be sold there under and by vir- tue of this chapter, and all auctioneer stands and con- veniences used by or* for the auctioneer, or person selling or exposing the same for sale, shall be removed from the said place before two o'clock of the afternoon of the day on which the sale, or offering for sale is by this chapter directed to be made, under the penalty of twenty dollars for every such offense, to be sued for and recovered from the seller, auctioneer, or his agent or servant, severally and respectively. m square!" * 8 - ^ auctioneer or other person shall sell, or expose for sale, at public auction or vendue, any dry goods, hard- ware, wooden ware, tin ware, earthen ware, china ware, glass ware, goods, wares or merchandise of any description, or any other article whatever, by retail, or in small par- cels or pieces, in Chatham square, between James street and Catharine street aforesaid, under the penalty of ten dollars for each offense, to be sued for and recovered from the seller, auctioneer, or his agent or servant, severally and respectively. 19. No person shall sell, or expose for sale, in any of 6teets. tew. ing or premises to which a sink, privy or necessary house shall belong or appertain, in which tubs shall be used, shall not suffer or permit the contents thereof to rise within three inches of the top of said tub, under the penalty of ten dollars for each offense, to be recovered from the owner or occupant, severally and respectively. 13. No person shall empty or remove the contents of any tub, sink or privy, in the city of New York, otherwise privies than in tubs, boxes, or casks made tight and closely cov- ered; each tub, box, cask and cover to be approved by the City Inspector; and any person who shall use for such pur- poses, any tub, box, cask or cover, other than those ap- proved as.aforesaid, shall forfeit and pay the sum of fifty dollars for each offense. 14. It shall not be lawful for any person or persons to AS to ing contents throw the contents of any tub, box, cask, sink or privy into 320 OF SINKS, PRIVIES AND CESSPOOLS. the North or East rivers, south of Forty-second street, save and except under the circumstances hereinafter men- tioned, under the penalty of fifty dollars for each offense. of'vesSe- 15 - The several wharves or piers on the North and tlnte ng of c p rt East rivers, where the contractors for cleaning the streets are permitted to heap up manure, excepting pier number one, East river, are hereby designated and set apart for vessels to come and be fastened to, subject to the direc- tions and regulations of the City Inspector. A pier in the First Ward, to be selected by the Alderman of that Dis- trict, for the same purpose, from which piers and in which vessels the night-scavengers shall deposit the contents of tubs, boxes, casks, sinks and privies, provided the same shall not be what is called " water;" and it shall be lawful for the night-scavengers to ask, demand, arid receive there- for, from the owner of such vessel or vessels, the sum of twenty-five cents for each and every full load of twenty- four cubical feet; but in case there shall not be at the time, a vessel or vessels at said wharves or piers, capable of con- taining or receiving the contents so removed, or in case the contents shall at any time be what is called " water," then, and in each of the cases above-mentioned, the night- scavengers may deposit the contents of the tubs, boxes, casks, sinks or privies, from the ends of the said piers, or if vessels shall be lying at the ends of said piers, from a point as near as practicable to the outer ends of the said piers, into the river; and in case any night-scavenger or other person shall deposit the contents of any tub, box, cask, sink or privy at any other wharf, or from any other pier, than those before-mentioned, then such night-scaven- ger or other person shall forfeit and pay the sum of fifty dollars, for each and every offense; and, if a night-scaven- ger, he shall be subject, in case of any subsequent offense to forfeit his license, at the option of the City Inspector. OF SINKS, PRIVIES AND CESSPOOLS. 321 16. No person shall remove, or cause to be removed, Permission to remove cou- the contents, or any part thereof, of any tub, box, cask, sink or privy, south of Forty-second street, without a writ- ten or printed permission from the City Inspector, which permission shall specify the time within which the said contents may be removed, and the piers to which the same may be taken and deposited as mentioned in these ordi- nances, either of which piers the scavenger may elect; and if any person shall remove, or cause, or allow, or assist in removing the contents, or any part thereof, of any tub, box, cask, sink or privy, without such permission, or at any other time than that specified therein, or shall convey to and deposit, or assist in conveying and depositing, any of the contents aforesaid, from any other pier than one of those described in this chapter, he shall forfeit and pay for The regu i at i on O f i ots i n conformity with the street shall be calculated not to exceed a descent of two inches on every ten feet. HOW made & & g. Where anv owner or owners shall insist on main- kept in re- * >air - taining his, her, or their ground higher than such regula- tion, the surplus partition wall which may be necessary to support such height, shall be made and maintained at the individual expense of such owner or owners. 9. Where any such owner or owners shall insist on regulating his, her or their ground with a descent less than two inches on every ten feet, the surplus partition wall ne- cessary to support the ground in the adjoining lot, regu- lated in conformity with the preceding 6th section, shall, in like manner, be made and maintained at the individual expense of such owner or owners. ^^ 10. If any person whose duty it may be to make or repair any partition fence or partition wall, or any part thereof, in pursuance of the provisions of this law, shall neglect so to do, for six days after being requested, in writing, by the owner or occupant of the adjoining ground, it shall be lawful for such owner or occupant, to make, or repair such partition fence or wall, or cause the same to be done, and to recover from such person the expense of making or repairing so much thereof as ought to have been OP PARTITION FENCES AND WALLS. 327 made or repaired by him or her, together with costs of suit in any court having cognizance thereof. 11. All outside and boundary fences, and all fences Hei s ht and J construction erected on the line of any public road, street, lane or ave- of fences, nue in the city of New York, shall be at least five feet high, : and shall be built of good and substantial materials, and sufficient in all respects to keep out and prevent the encroachment of cattle, sheep, hogs and other animals, and .shall be kept in good repair, and of the height above- mentioned. 12. The owner or owners, lessee or lessees, tenant or Neglect of re- tenants of any lot, piece of ground or premises upon which pa any fence not of the height, and that shall not be erected in the manner, and maintained at the height mentioned in the preceding section, or who having so erected the same shall not keep the same in good repair, shall not recover for any damage he, they or she may sustain from any cattle, sheep, hog or other animal, doing damage upon his, their or her premises; nor shall any cattle, sheep, hog or other animal be placed in pound for doing damage, unless such fence be erected and kept of the height, and in the manner mentioned in the llth section. 13. In case of a'ny dispute between the parties, con- Disputes, oerning any fence embraced within this chapter, or the sufficiency thereof, the matter shall be determined by the Alderman and Councilmen, for the time being, of the dis- trict of the ward in which such fence may be situate. 328 OF THE BLASTING OF ROCKS. CHAPTER XXXII. OF THE BLASTING OF ROCKS. Regulations 1. In all cases of blasting rocks or stones within the for Blasting. city of New York, south of a line drawn across the island, one hundred feet northerly of Eighty-sixth street, each blast, before firing it, shall be securely covered with six timbers, of not less than four inches thick, ten inches wide and ten feet long each, to be placed over and around each charge, and to be held in place by at least three hundred pounds of large stones piled on top of them. Ibid - 2. Three minutes' notice, before firing the blasts, shall be given, by displaying a red flag on a staff, not less than ten feet high, set in a conspicuous place, within twenty- five feet of the point where the charge is placed, and also by calling out the words " a blast," several times repeated, and loud enough to be distinctly heard at a distance of two hundred feet from the point of discharge. penalties. 3. F or every violation of either of the preceding sec- tions of this chapter, the offending party, or, if the work be done under a contract, the contractor, upon com- plaint and conviction thereof, before a police justice, shall be liable to a fine of twenty-five dollars, and stand com- mitted until the same is paid. OF HOISTWAY8. 329 CHAPTER XXXIII. OF HOISTWAYS. 1. The owner or occupant of each and every store or Regulations Bother building in the city of New York, in which there is and penalties a hoistway, shall cause the said hoistway on each story of said store or other building, to be forthwith inclosed by a good and sufficient railing around the opening thereof, -and provide for the inclosing of such opening by a trap door; and each owner or occupant of any such building -or store, shall cause said railing to be securely fastened up, and said trap-door to be closed, on the completion of the business of each day in such store or building; and for every violation of the provisions of this section, or of any of them, the owner or owners, occupant or occupants of any such store or building, shall be liable to a penalty of fifty dollars for each and every offense. 2. The penalties imposed by this chapter, shall, when Recovery of recovered, be paid by the Attorney^ to the Corporation, Penaltics> to the Treasurer of the Fire Department of the city of New York, for the use and benefit of said Fire Depart- ment. 3. It shall be the duty of the Fire Wardens of the Dutyomre city of New York to examine into all, violations of this NV chapter, and to give, or cause to be given, a notice in writing, signed by at least one of them, to the owner or owners, occupant or occupants, or by leaving such notice with any person of suitable age on the premises, requiring .such cause of violation to be removed within ten days after service of such notice; if said violation is not removed, to report the same in writing to the Corporation Attorney. 22 330 OF WEIGHTS AND MEASURES. CHAPTER XXXIY. OF WEIGHTS. AND MEASURES. ARTICLE I. OF THE DISTRICTS FOR SEALING AND INSPECTING WEIGHTS AND MEASURES. II. OF THE SEALING AND INSPECTING OF WEIGHTS AND MEASURES. III. OF THE FEES OF THE INSPECTORS OF WEIGHTS AND MEASURES. IY. OF THE FEES OF THE CITY SEALERS OF WEIGHTS AND MEASURES. ARTICLE I. OF THE DISTRICTS FOR SEALING AND INSPECTING WEIGHTS AND MEASURES, First ^strict 1. All that part of the city of New York, lying south- erly and westerly of a line running from the East river through the centre of Fulton street to Broadway; thence through the centre of Broadway to Bloomingdale road at Tenth street; thence through the centre of the Blooming- dale road to Union place at Fourteenth street; thence through the centre of Fourteenth street to the Bowery; thence along the easterly side of Union place to the Fourth avenue ; and thence through the centre of the Fourth avenue to Harlem river, shall be known as the First District for the sealing and inspection of weights and measures; and the Sealer and Inspector of Weights and Measures who may be appointed for the said First District, shall be confined thereto in the performance of their respective duties. OF WEIGHTS AND MEASURES. 331 2. All the remaining part of the said city, not em- second Dis- braced within the limits of the said First District, shall be known as the Second District, for the sealing and in- spection of weights and measures ; and the Sealer and In- spector of Weights and Measures who may be appointed for the said Second District, shall be confined thereto in the performance of their respective duties. ARTICLE II. OF THE SEALING AND INSPECTION OF WEIGHTS AND MEASURES. 3. All persons using weights, measures, scale-beams, AH weights, patent balances, steelyards or any other instrument, in sealed and weighing or measuring any article intended to be pur- chased or sold in the city of New York, shall cause the same to be sealed and marked by a City Sealer of Weights and Measures in the said city. 4. Any person who shall, in weighing or measuring Penalty, any article for purchase or sale within the city of New York, use any weight, measure, scalebeam, patent balance, steelyard or other instrument, not sealed and marked as is required by the third section of this chapter, shall for- feit and pay the sum of fifty dollars for each and every offense. 5. All weights, measures, scalebeams, patent balances, standard, steelyards and other instruments for weighing, to be sealed and adjusted by a City Sealer of Weights and Measures in the city of New York, shall be made conform- able to the standard of the State; and shall be marked by him with the initials of his name, and the year in which the same shall be sealed and marked. 6. If any person shall use in the city of New York, penalty. in weighing or measuring, as aforesaid, any weight, mea- 332 OF WEIGHTS AND MEASURES. sure, scalebeam, patent balance, steelyard or other instru- ment, which shall not be conformable to such standard, or shall use, in weighing as aforesaid, any scalebeam, patent balance, steelyard or other instrument, which shall be out of order or incorrect, or which shall not balance, he, she, or they shall forfeit and pay, for every such offense, the sum of twenty-five dollars. nme of in- 7. It shall be the duty of the Inspectors of Weights spection. and Measures, and each is hereby authorized to inspect and examine, at least once in each and every year, and as much oftener as he may think proper, all weights, measures, scalebeams, patent balances, steelyards and other instru- ments used in his district in weighing and measuring as aforesaid. Rules of in- g. No person shall refuse to exhibit any weights, measures, scalebeams, patent balances, steelyards, or other instruments, to either of said inspectors, for the purpose of being so inspected and examined, under the penalty of twent} T -five dollars for every such offense. ibid. 9. No person shall, in any way or manner, obstruct, hinder, or molest any Inspector of Weights and Measures in the performance of his duties as hereby imposed upon him, under a penalty upon every such person, of twenty- five dollars for every such offense. ARTICLK III. OF THE FEES OF THE INSPECTORS OF WEIGHTS AND MEASURES. Fees of in- $10. The said inspectors shall be entitled to demand spectors. r and receive the following fees for inspecting and examin- ing weights, measures, scalebeams, patent balances, steel- yards, and other instruments for weighing, used in the city of New York, namely : OP WEIGHTS AND MEASURES. 333 1 . For every weight of fourteen pounds, or upward, three cents. 2. For every weight of a smaller denomination, one cent and a half. 3. For every liquid measure, two cents. 4. For every yard and dry measure, three cents. 5. For every scalebeam, patent balance, steelyard or other instrument used for weighing, three cents. 11. All weights, measures, scalebeams, patent balances, Rules of in- steelyards, and other instruments used for weighing, shall be inspected at the stores and places where the same may be used; but in case they, or any of them, shall be found not conformable to the standard of this State they shall be sent by the owner thereof, at his expense, to the office of the City Sealer, for the purpose of being adjusted and sealed, within three days after the owner thereof shall be required so to do, in writing, by the said inspector, under the penalty of ten dollars for every such neglect. 12. It shall not be lawful for the said inspectors to Fees of in- spection to made the aforesaid charges for inspecting and examining Jjj t ^ ge a weights, measures, scalebeams, patent balances, steelyards year> or other instruments used for weighing, more than once in each year, unless they shall be found to be not conform- able to the said standard. 13. It shall be the duty of each of the said inspectors Record of in- J . spection.- to make a register of all the weights, measures, scale- beams, patent balances, steelyards and other instruments used for weighing, inspected by him, in which he shall state the names of the owners of the same, and whether they are conformable to the standard of the State. 14. It shall also be the duty of the said inspectors to Report of in- correct report, forthwith, to the Sealer of Weights and Measures, weights, &c, 334 OF WEIGHTS AND MEASURES. the names of all persons whose weights, measures, scale- beams, patent balances, steelyards or other instruments used for weighing, shall be found to be incorrect. 15. It shall also be the duty of the said Inspectors of Weights and Measures, once in every three months, to deliver a copy of the register made or kept by them, as mentioned in 13th section of this chapter, during the pre- ceding quarter of the year, to the Clerk of the Common Council. Reporttocor- 16. It shall be the duty of the Inspectors of Weights poration At- J an( j Measures and Sealer of Weights and Measures, to report, forthwith, to the Attorney of the Corporation, the names and places of business of all persons violating this chapter, and of all persons making use of any fraudulent or unsealed weights and measures, guage or balances. s a p e ec s to a rs d 17- It shall not be lawful for the said inspectors or . sealers to vend any weights, measures, scalebeams, patent balances, steelyards or other instruments to be used for weighing, or to offer or expose the same for sale in the city of New York, under the penalty of fifty dollars for every such offense. ARTICLE IV. OF THE FEES OF THE CITY SEALERS OF WEIGHTS AND MEASURES. Fees of seal- 18. The said Sealers of Weights and Measures shall be entitled to demand and receive the following fees for their services : For sealing and marking every scalebeam, patent bal- ance, steelyard or other instrument used for weighing in the city of New York, twelve and a half cents. For sealing and marking measures of extension, at the rate of twelve and a half cents per yard, not to exceed fifty cents for any one measure. ers. OF WEIGHTS AND MEASURES. 335 For sealing and marking every weight, three cents. For sealing and marking liquid and dry measures: for every measure under one gallon, three cents ; for one gal- lon and over, twelve and a half cents each. For sealing and marking every measure of half a bushel, twelve and a half cents; for every measure of two bushels, seventy-five cents ; and for every measure of three bushels and over, one dollar. The said sealer shall also be entitled to a reasonable compensation for making such weights and measures con- form to the standard established by law. 19. Whenever any Sealer of Weights and Measures standard shall resign, be removed from office, or remove from the Mc e afurcs, a ( custody of. city, it shall be the duty of the person so resigning, re- moving or removed, to deliver, at the City Inspector's office, all the standard beams, weights and measures in his possession. 336 OP THE PUBLIC MARKETS. CHAPTER XXXY. OF THE PUBLIC MARKETS. ABTICLE I. OF MARKETS AND MARKET DAYS. II. OP CLERKS OP THE MARKETS. III. OF BUTCHERS. IV. OF MARKET FEES. Y. OF GENERAL RULES AND REGULATIONS. ARTICLE I. OP MARKET AND MARKET DAYS. 1. The following places are hereby severally designa- ted and declared to be the public markets of the city of New York, to wit: Catharine market, Centre market, Clinton market, Essex market, Franklin market, Fulton market, Gouverneur market, Monroe market, Greenwich market, Jefferson market, Tompkins market, Washington- market and Union market. Hay market 2. The ground formerly occupied for a market at the foot of Grand street, East river, is hereby declared to be a hay market. Provided always, that the carts or wagons shall stand in one line only. Market days, g 3 Every day in the week? exce pting Sunday, shall be a public market day within the city. ^Tandf 3 4 - The Comptroller, under the direction of the Com- mon Council, shall, from time to time, lease at auction, pur- suant to law, for one or more years, all the butchers' stalls, and so many of the stands for fishermen, country people, and! sellers of vegetables and fruit, as they may think proper. Rentofstalls, g 5 The reat of ^ gtal j g and gtands in fa Q pu blic mar- kets shall be payable daily, under condition of forfeiture; OP THE PUBLIC MARKETS. 337 and it shall be the duty of the clerks of the respective markets to collect the same, each day, and pay over the amount thereof, together with all other fees, to the City Chamberlain, on Thursday in every week. ART1CLK II. OP CLERKS OP THE MARKETS. 6. It shall be the duty of the clerks of each market, opening and, J closing of provided with a market bell, to cause the same to be rung Market3 - for five minutes previously to the closing of such market on every market day. and every butcher or other person attending such market, with articles for sale, who shall remain within the limits of the same for fifteen minutes after the bell shall have been rung as aforesaid, for the purpose of selling or exposing for sale any article or thing, shall forfeit and pay five dollars for every such offense. & 7. It shall be the duty of the said clerks to examine * some food, all articles, in each of their markets respectively, which examination. they may suspect to be unwholesome or stale, or blown, plaited, raised or stuffed meat, or measly pork, or flesh of animals dead by accident or disease, or known or suspec- ted to be diseased at the killing of the same. And no per- son shall hinder, obstruct or molest any clerk in the per- formance of the duty herein enjoined, under the penalty of fifty dollars for each offense. 8. It shall be the duty of the said clerks to assign and duce. en pr " set apart certain portions of the street at or near the said public markets, for the purpose of exposing for sale and selling garden produce; and no person shall expose for sale or sell any garden produce or other thing whatsoever, in any street at or near the said public markets, other 338 OF THE PUBLIC MABKETS. than in the place or places so assigned and set apart by the said clerks, under the penalty of ten dollars for every such offense. oenerai AT- & 9. It shall be the duty of the said clerks, to give di- rangements. ' J rectioiis respecting the arrangement or removal of any article, vehicle, cart, wagon, box, basket or other thing, in the market, or streets adjoining thereto. And any per- son who shall neglect or refuse to obey such direction, shall forfeit and pay, for every such offense, the sum of twenty-five dollars. Ibid> 10. In case of the refusal or neglect to obey the direc- tions of the said clerks or either of them, it shall be law- ful for, and shall be the duty of the said clerk of any such market, forthwith to remove, or cause such article, cart, vehicle, wagon, box, basket, or other thing, to be removed to such place as he shall have previously directed, or to such other place as he shall think proper in such market or street adjoining thereto. ibid. 11. If such article, cart, vehicle, wagon, box, basket, or other thing shall be replaced, after having been re- moved, as provided in the last preceding section of this chapter, or shall remain in, or incumber or obstruct, such market or street adjoining thereto, it shall be lawful for, and shall be the duty of the clerk of such market, to order and cause the same to be removed into the yard of the Superintendent of Repairs to Public Buildings of the city of New York, or other suitable place within the said city. suspension or 12. The said clerks shall have power to suspend any tas!Sta a or person having a stated stall or stand in any public market, or occupying any part of said market, or the streets ad- joining the same, from occupying or using any part of such market, or the streets adjacent thereto, whether such person be a licensed butcher or not: and the said clerk OF THE PUBLIC MARKETS. 339 shall, immediately after such suspension, report to the Su- perintendent of Markets the reasons of such suspension, and the decision of said Superintendent, in all cases, shall be final. 13. In case of such suspension, the said clerk making suspension of r D persons hav- such suspension shall, with all convenient dispatch, make [Jj^J* 11 * or a report of the same in writing, with the reasons therefor, to the Superintendent of Markets. 14. No person, suspended as aforesaid, after being Ibid - served with a written notice of such suspension, shall oc- cupy any part^of such market, or the streets adjoining the same, with any thing whatsoever, until the said Superin- tendent shall have acted in the matter, and either restored such person, or confirmed the said suspension and removed such person from the market, under the penalty of ten dol- lars for each offense. 15. The said clerks shall keep a list of the names of List to be ,, i -i -i kept by clerk all persons holding permits from the Superintendent of Markets, and shall interchange such lists with each other, from time to time, at least once in every three months. 16. In case of suspicion respecting the weight of any suspicion of short weight, article sold, or offered for sale by weight, or of the quan- ^ h n e ^ dc tity of any article sold or offered for sale by measure, in any of the public markets, market places or streets con- tiguous thereto, it shall be the duty of the said clerk of such market, to weigh or measure the same; and if any such article shall be found deficient in weight, or measure, the person selling or offering the same for sale, shall for- feit and pay ten dollars for each offense. 17. It shall be the duty of the said clerks, once in inspection or weights and every month, or oftener if they shall think fit, to inspect rks res by and examine all the weights, measures and beams used in 340 OP THE PUBLIC MARKETS. weighing or measuring in their respective markets, or in the streets at or near the said markets. And if any person shall neglect or refuse to exhibit his or their weights, mea- sures or beams, or any of them, for the purpose of examina- tion or inspection as aforesaid, or shall obstruct, hinder or molest either of the said clerks, in the performance of the duties enjoined by this section, he, she or they shall for- feit, for every such offense, the sum of twenty-five dol- lars. 18 Jt Slia11 be the dut J f the Said Clei>ks t0 attGnd constantly in their respective markets,, from sunrise to the close of the market, for the purpose of carrying the provi- sions of this chapter into effect. 19 Jt sha11 be tne dut 7 of tbe said clerks to keep a list of all persons holding stalls or stands in their respec- tive markets; and the said clerks are hereby enjoined and required forthwith to report all violations of any of the provisions of this chapter to the Attorney of the Corpora- tion, for prosecution. KfSE' 2 - Jt sha11 be the dut y f the Clerk of Fulton Mar - ket to cause chains to be placed across the entrance of the inner court or square ot said market, immediately after the ringing of the first bell of said market, leaving a space sufficiently large for the admission of foot passengers with- in the said court, clerk at Fui- R 21. The Clerk of Fulton Market shall attend daily at ton market. the said market, from the closing of the same until ten o'clock at night, and also on Sundays, for the purpose of preventing disorderly assemblages of persons, and of ar- resting all vagrants and persons who shall be found at the said market disturbing the peace. 22 - Jt sha11 ke the dut y of tbe sa ' ld clerks to exclude from their respective markets all persons who shall be ; en- OF THE PUBLIC MARKETS. 341 gaged in combinations to raise the price of provisions, or who shall have been guilty of forestalling therein; and the said clerks shall also report forthwith to the said Superin- tendent, the names of all persons engaged in any of the said practices. 23. The clerk of each market now in the city of New Persons wan- ting employ- York, or which may be hereafter erected therein, shall as- mont - sign some proper and convenient place in his market, for persons wanting employment, to stand, and to which those having occasion to hire, may also resort for their mutual accommodation. 24. The clerks of the respective markets shall report, at least once in three months, to the City Inspector, the Rents - amount of fees and rents received by them from persons occupying stalls and stands in the public markets, and who are permanent occupants, stating particularly the names of the different occupants, and the amount each of them pay, and how often they pay. ARTICLE III. OF BUTCHERS. 25. The Mayor of the city of New York shall, from ^ n b s c c r s , l J or time to time, issue licenses, under his hand and seal, to markcls - exercise and carry on the trade and business of butchers, in such public market as may be designated in such li- censes. 26. All licenses so issued, or which have been issued Duration of Licenses. heretofore, shall expire and cease on the first Monday of December, after the granting thereof, and shall be renewed by the said Mayor. 27. For every license issued as aforesaid, shall be paid Licensc fee - the sum of one dollar to the Mayor, on granting the same; 342 OF THE PUBLIC MARKETS. and for every renewal of such license, the sum of twenty- five cents. Butchers in 28. No person shall exercise or carry on the trade or markets tobe J business of a butcher, or any branch or part thereof, in the public markets, without being licensed or permitted for that purpose, by or under the authority of the A Common Council, under the penalty of fifty dollars for each offense. persons not 29. No person, other than those licensed so' to do, shall without LI- cut up, in any of the markets of the city of New York, any beef, pork, veal, mutton or lamb, and sell or expose the same for sale, by the joint or in pieces, under the^penalty of fifty dollars for each offense. fhJf r s ^n eat 30. No licensed butcher, or his agent or servant, shall cut up, or expose for sale, or sell any beef, pork, veal, mut- ton or lamb, in any part of any of the public markets, other than at his own licensed stall, under the penalty of ten dollars for each offense. scaifbeams 31. Every butcher shall have and use his own scale- tkm, r &? ula " beams and weights, which shall be suspended in some conspicuous place in front of, or at the side of his stall, on a line parallel with the front of his stall, under the penalty of five dollars for every day's omission or neglect. Ibid - 32. The last preceding section shall not be construed to prevent any two butchers, whose stalls are adjoining each other, from using one set of scales and weights in common, provided the same be suspended in a conspicuous place on a line with, and between the said stalls. weights, &c. 33. No butcher or other person shall use, within the to be sealed. ,. , , limits of any public market, any weight, measure or beam which is not sealed by the Sealer of Weights, Measures and Beams, under the penalty of ten dollars for each offense. OF THE PUBLIC MARKETS. 34$ ARTICLE IY. OF MARKET FEES. 34. The following shall be the rent or daily payment to be demanded and received by the clerks of the several sti markets, for the occupation of unrented stalls or stands, to be collected by the said clerks, immediately on such stall or stand being occupied, to wit: 1. For a stand for the sale of vegetables and fruits out of the country market, one shilling per day. 2. For every stand for a fisherman, six cents and one quarter per day. 3. For every stand occupied by a countryman bringing the produce of his own farm to market, six cents and one quarter a day. 4. Whenever another person shall be employed, he shall be considered an agent, and if he be agent for one farmer only, he shall pay fifty cents for a stand per day. 5. "Whenever a person is agent for more than one per- son, he shall pay fifty cents for each agency, not exceeding two dollars per day. 6. If the captain of a vessel, or one of his hands, comes to the market with the produce brought in the vessel, he shall pay fifty cents for a stand per day. 7. If the captain of a vessel employs any other agent than one of his own hands, such agent shall pay two dollars per day. 8. All women hucksters, twenty-five cents per day. 9. All men hucksters, fifty cents per day. 35. No person or persons shall'occupy any part of any stands near "'the markets public market, or the streets contiguous thereto, within the prohibited. 344 OF THE PUBLIC MARKETS. distance of three hundred yards from any part of such mar- ket, for the purpose of exposing and offering for sale and selling any article or thing whatsoever, without having first paid the rent or market fees, according to the rates specified in the 34th section of this chapter, when demand- ed by the clerk of the said market, under the penalty of twenty-five dollars for every such offense. ARTICLE V. GENERAL RULES AND REGULATIONS. tobSSstaS 36 - No person shall sell or expose for sale any meat, beef, mutton, veal or lamb, in any of the said public mar- kets, other than at a butcher's stall, under the penalty of ten dollars for each offense. countrymen. 37. The last preceding section shall not be construed to prevent countrymen from bringing to market and selling the meats raised and slaughtered on their own farms. S Articles of 38. No person shall sell or expose for sale any article provision to st?a?is ldat ^ P roY i s i n or other thing whatsoever, in any market or the limits thereof, or in any street within the distance of three hundred yards from any part of such market, except at a stall or stand, to be hired by such person of the clerk of the said market, under the penalty of ten dollars for each offense. unwhoie- 39- No- butcher or other person shall sell, or offer, or some provis- ex p 0ge f or ga ] e } n anv O f ^ ne p u blic markets, or in any part of the city of New York, any unwholesome or stale articles of provisions, or any flesh of any animal dead by accident or disease, or known or suspected to be diseased at the killing of the same, under the penalty of twenty-five dollars for each offense. Ibid. 40. No person shall bring into any market or the limits thereof, or offer, or expose for sale, any blown, plaited, OP THE PUBLIC MARKETS. 345 raised or stuffed meat, within the city of New York, under the penalty of ten dollars for each offense. 41. No butcher or other person shall, between the first Gut fatheads oi'sbeep, Ac. day of May and the first day of November in any year, bring into, or place, or suffer, or permit to be brought into, or placed in any market, any untried fat, commonly called gut fat; nor at any time or season, the head of any sheep or lamb, unless the same shall be skinned and properly cleaned; nor any sheep or lamb in carcass or quarter, with any foot or trotters thereto; nor any hides or skins, ex- cepting calves' skins, under the penalty of ten dollars for each offense. 42. No person shall, at any time, bring into any Back shad, market, or sell, or offer or expose for sale, in any public market or other place in the city of New York, any meagre or back shad, under the penalty of ten dollars for every such offense. 43. No person or persons, shall sell, or expose for sales of Freeh FisJj. sale, any fresh fish in any of the said markets, or the streets contiguous thereto, excepting fishermen, or persons who shall have purchased the fish at the fishing places, from the fishermen, under the penalty of ten dollars for each offense. 44. No person shall sell, or expose for sale, any Poultry, eggs J and butter. poultry, eggs, or butter, in any of the said markets, or streets contiguous thereto, except the same shall have been raised on the farm of such person, or unless such person shall have been himself or herself into the country, and there purchased the same from the farmer who raised the same, under the penalty of ten dollars for each offense. 45. Any person having market produce in any of ' 346 OF THE PUBLIC MARKETS. said markets, of which he is not the owner, shall, when required by the clerk of said market, procure a written authority from the owner of such produce, describing the quantity thereof, and authorizing such person to sell the same; and any person who shall neglect or refuse to pro- duce such authorization, or who shall produce a fictitious or false one, shall be considered a forestaller in the said market, and shall forfeit and pay for every such offense, the sum of twenty-five dollars. Butter. 46. No person shall sell, or offer, or expose for sale in any of the public markets or the limits thereof, any butter, except by weight, under the penalty of five dollars for every such offense. i^id. 47. No person shall sell, or offer, or expose for sale in any of the public markets or the limits thereof, any butter in less quantities than in rolls, one pound weight each, -without any fraction of a pound, or if the butter be con- tained in tubs, pails or firkins, the same shall be sold by the tub, pail or firkin, and by no less quantity, under the penalty of five dollars for each offense. i ibid. 48. No person shall sell, or offer, or expose for sale, in any of the markets, or the limits thereof, any butter, in any vessel, other than such as hath the weight of such vessel marked thereon, before the same is brought into the market, under the penalty of five dollars for each offense. Hucksters to 49. No person, commonly called a huckster, shall sell have a per- or ex p 0ge f or ga ] G) j n an y o f ft }Q p u b]i c markets, or in any street within the city of New York, any provisions or articles of any kind, excepting vegetables or fruit, with' out having received a permit for the sale of the same, un- der the penalty of ten dollars for each offense. OP THE PUBLIC MARKETS. 347 50. No person shall occupy any part of the said Permits gen- markets or market places, for the purpose of selling or exposing for sale, any article or thing whatsoever, with- out having first obtained a permit in writing for that purpose, and having the same registered with the deputy clerk of said market, under the penalty of twenty-five dollars for each offense. 51. No provisions, country produce or other article, Forestalling. which shall have been sold or bargained for in any man- ner after its arrival in the city of New York, shall be exposed for sale, or sold in any of the public markets of the said city, under the penalty of ten dollars for each offense. 52. No person shall purchase, in any public market until after the hour of twelve o'clock at noon, any provi- sella & ain - sions or articles of any kind, with intent to sell the same again at any place in the city of New York, under the penalty of ten dollars for each offense. 53. No licensed butcher, or any other persons, shall Market hours sell or expose for sale, any kind of meat, or other article, in any of the said public markets, or the limits thereof after the hour of one o'clock in the afternoon of each day, between the first day of May and the last day of October, in every year; nor after the hour of two o'clock in the afternoon of each day between the first day of November and the last day of April in every year, except on Satur- day, nor on that day after the hour of eleven o'clock in the evening, under the penalty of five dollars for each offense. 54. Every cart, wagon or other vehicle, in which Removal of tides shall be brought to market, or which shall come a within the limits of any market, shall be removed there- 348 OP THE PUBLIC MARKETS. from, at or before seven o'clock in the morning of each day, between the first day of May and the first day of October, and at or before eight o'clock in the morning of each day during the remainder of the year, under the penalty of five dollars for each offense, to be paid by the owner or person having charge thereof. SM- d 55. Every cart, wagon, or other vehicle, in which any garden produce or other thing shall be brought to market, shall be unloaded immediately, on its arrival at the said market, and forthwith removed from the said market or the limits thereof, under the penalty of ten dol- lars for every refusal or neglect to remove the same, to be recovered from the owner or owners, or person or persons, having charge thereof, severally and respectively. , val pro f 56 - All carts > wagons, or other vehicles, and all boxes, & c . baskets or other things, and all market produce or other articles whatsoever, which shall not be removed, as di- rected by the clerks of their respective markets, as here- inbefore in this chapter provided, shall be removed by the said clerks to the Corporation yard; and such part thereof as will pay the penalty imposed by this chap- ter, shall be forthwith sold, and the said penalty, when thus received, shall be paid over by the said deputy clerks to the Chamberlain of the city. 57. The said clerks shall also sell so much of the said article or thing as will pay the expense of removal, and the remainder thereof shall continue in the place to which it was removed, until the owner thereof shall pay to the said clerk, for the use of the city of New York, the sum of six cents for every cart or wagon load thereof, for every day the same shall have remained in the said place of removal, OF THE PUBLIC MARKETS. 349 58. The owner of every cart or other vehicle used Name to be paiuied on for the purpose of bringing meat, garden produce or other "vehicles. thing, to any of the public markets to be sold, shall cause his or her name to be painted, in a plain manner, and on a conspicuous part of such cart or other vehicle, under the penalty of five dollars for every time the same shall be used or driven in the city of New York, without such name, to be recovered from the owner or driver thereof, severally and respectively. 59. The last preceding section shall not be construed ibid. to apply to the carts used by licensed cartrnen of this city, nor to wagons, carts or other vehicles, owned by countrymen and bringing such countrymen's produce to market. 60. No butcher or other person shall erect, under his shambles or stall, in any market, any box, drawer or closet, which shall approach within twelve inches of the floor of the market, under the penalty of five dollars for each offense. 61. No person shall bring into any market any ar- Goods tote tides intended for sale, which shall be conveyed in any exposed ' covered chest or other thing, where it is hidden from the sight or view, under the penalty of five dollars for each offense. 62. No butcher or any other person shall have or keep, Refrigerators in any of the public markets, any refrigerator, ice-box, or cask containing ice or pickle, unless the same be placed within the limits of, and in the rear of his stall or stand, and be lined with lead or some other metallic substance, so as to be water-tight, and provided with a pipe of lead, zinc or copper, leading therefrom to the nearest gutter, under the penalty of twenty-five dollars for the violation of each and every provision of this section. 350 OF THE PUBLIC MARKETS. Tront. Heath hens. Quail. Partridges. Woodcock. Penalties, how recoyer- d. 63. No person shall expose for sale, or have in his or her possession, in the city of New York, any trout, between the fifteenth day of October and the fifteenth day of March, in any year, under the penalty of five dollars for each trout so exposed for sale, or had in possession. 64. No person shall expose for sale, or have in his or her possession, in the city of New York, any heath-hens, between the first day of January and the first day of October, in any year, under the penalty of ten dollars for each heath-hen so exposed for sale, or so had in possession. 65. No person shall expose for sale, or have in his or her possession, in the city of New York, any quail, be- tween the fiftli day of January and the twenty-fifth day of October, in any year, under the penalty of five dollars for each quail so exposed for sale or had in possession. 66. No person shall expose for sale, or have in his or her possession, in the city of New York, any partridge, between the fiftli day of January and the twenty-fifth day of October, in any year, under the penalty of ten dollars for each partridge so exposed for sale, or had in his or her possession. 67. No person shall expose for sale, or have in his or her possession, in the city of ( New York, any woodcock, between the first day of February and the first day of July, in any year, under the penalty of five dollars for each woodcock so exposed for sale, or so had in his or her possession. 68. The above penalties may be sued for and reco- vered in any justice's court, by any person or persons who will prosecute for the same; in which case one half of the said penalty shall go to the person or persons who shall prosecute to conviction, and the other half to the Com- missioners of the Alms-house, for the benefit of the poor. OF FIREWOOD, HAY, STRAW, LIME AND COAL. 351 CHAPTER XXXYI. OF THE SALE, &c., OF FIREWOOD, HAY, STRAW, LIME AND COAL. ARTICLE I. OF FIREWOOD. II. OF HAY AND STRAW. III. OF LIME. IV. OF COAL. ARTICLE I. OF FIREWOOD. 1. No firewood, brought to this city for sale, shall be Firewood, landing and landed on any of the docks, wharves, or piers of this city, carting. until the same shall have been sold; and all firewood so sold and landed shall be immediately carried away, under the penalty of one dollar for every load which may be so landed before sale, or not taken away when sold. 2. No firewood shall be sold otherwise than according Regulations r & of sales ef to the following regulations, that is to say : the stanchions Firewood, of each cart or sled which shall be employed in the car- rying of such wood, shall be five feet four inches high from the floor of the cart or sled, and no higher; and the breadth of such cart or sled, between the two foremost stanchions, shall be two feet five inches, and between the two hindmost stanchions, two feet nine inches and no more; in which space between the said stanchions, every cartman who shall cart any wood, shall stow as much and as close together as can conveniently be put, or as much of it as will amount to thirty-seven feet ten inches and two-thirds of an inch, cubic measure, which shall consti- 352 OP FIREWOOD, HAY, STRAW, LIME AND COAL. tute, and be deemed a load, and shall and may be bought and sold accordingly. penalties. 3. No person or persons shall buy or sell any firewood, contrary to the above regulations; and no cartman shall cart any firewood brought to this city for sale, except in carts and sleds made and constructed as by law directed, and loaded as above-mentioned, under the penalty of five dollars for each offense. crooked fire- 4. No crooked wood shall be stowed in any cart or sled constructed in manner aforesaid, with other wood, but the same may be sold or disposed of as refuse wood, not subject to the above regulations; and if any cartman who shall cart firewood, shall put or suffer to be put into his cart any such crooked wood as will prevent his cart from containing a full load between the stanchions thereof, he shall, for every load so carted, forfeit the sum of one dollar. b^ca rtmen d ** ^ cartman or wood-sawyer, or other person for } d " or on account of sucn cartman or wood-sawyer, shall pur- chase any firewood which shall be brought to this city for sale, except it be for the only use of such cartman, wood- sawyer, or his family, under the penalty of twenty-five dollars for each offense, except such cartman or wood- sawyer shall have received an order, which it shall be in- cumbent upon him to prove, to purchase wood. And fur- ther, that no cartman or wood-sawyer shall sell or expose to sale, any firewood which shall be brought to this city for sale, on his own account, or as agent for or on account of any person or persons, under a penalty of fifteen dol- lars for each offense. OP FIREWOOD, HAY, STB AW, LIME AND COAL. 353 ARTICLE II OP HAY AND STRAW. 6. No cartman shall cart or carry for hire or wages, nay cartmea any hay brought to this city for sale, unless he shall be duly licensed for that purpose by the Mayor, under the penalty of five dollars for every load or part of a load which he shall so cart or carry. 7. Every cartman to be so licensed shall first take and lbid - subscribe an oath or affirmation, before the said Mayor, well and carefully to examine and inspect all the hay to be carted or carried by him, for the purpose of ascertain- ing whether it be well and sufficiently cured and dry; and no such cartman shall cart or carry any hay and pass the same as good and merchantable, unless the same be well and sufficiently cured and dry, under the penalty of five dollars for every load or part of a load which he shall so cart or carry. 8. Nothing in the last section contained shall be j^maged taken or construed to prohibit the importation within this city, or the cartage or sale of any injured or damaged hay, as being so injured or damaged. 9. Every cartman to be so licensed shall cause the Hay carts, number of his license to be fairly painted on a tin plate, with red paint upon a white ground, easily to be seen, and shall fix and keep such tin plate so fairly painted and easily to be seen, on the square of the after part of the shaft of his cart, under penalty of twenty dollars for every neglect or default. 10. The street or place known as Hall street, between Ha y stand - Sixth and Seventh streets, in the Seventeenth Ward of this city, is hereby designated as the place for the sale of hay coming from the country, by the wagon, cart, or sled load. 354 OP FIREWOOD, HAY, STRAW, LIME AND COAL. straw. 11. All the foregoing provisions of this law, shall apply to the sale of straw in this city, except straw made up into bundles, and sold by the bundle. supsfor 12. The boats employed in bringing loose hay or straw boats with hay & straw, to this city for sale, shall have the privilege, in preference to all other vessels, of occupying the whole of Gouverneur slip on the East river; and the basin at the foot of Amos street, on the North river; and no person having the charge of any other boat or vessel as master owner or otherwise, shall interfere with boats employed in bringing hay to the said places, or prevent their approach thereto* under the penalty of ten dollars for every such offense. 13. The pier at the foot of Charles street, with one half of the bulkhead south of said pier, is hereby appro- priated for vessels laden with loose hay for sale, to the exclusion of all other vessels. ARTICLE III. OF LIME. vessels with j- Q g ] 00 p or other vessel which shall bring any slaked or unslaked lime to this city for sale, shall be permitted to lay in any of the public slips or at any of the public wharves in this city, while she has lime on board, except as hereinafter provided, under the penalty of fifty dollars for each offense. ibid. 15. The last preceding section of this chapter shall not be construed to prevent the laying of vessels having lime on board, at the public wharves and in the slips, while discharging cargo, or during the period the lime is bona fide for sale, and the person having charge of said vessel and lime, is ready and willing to sell and deliver the same. OP FIREWOOD, HAY, STRAW, LIME AND COAL. 355 16. Any cartman who shall cart any slaked lime regulation or carts carry- whether merchantable or no t, shall provide his cart with ingiime. a tight box, sufficient to contain sixteen bushels, struck measure; which box shall, whenever any lime is contained therein, be covered with cloth or other sufficient covering to keep the contents from wasting. 17. Every cartman who shall cart any slaked lime, Ibid - excepting in the box, and furnished in the manner pro- vided for in the last preceding section, with the covering therein mentioned, shall forfeit and pay the penalty of five dollars for every such offense. 18. No person shall keep a lime-house in any of the Lime houses., public streets, lanes, or alleys, of the city of New York, between the first day of December and the first day of April, in any year, under the penalty of fifty dollars for every twenty-four hours the same shall be kept therein. 19. It shall not be lawful for any person to keep a Ibid - lime-house in any of the public streets, lanes or alleys of the city of New York, for a longer period than three months, under the penalty of ten dollars for every twenty- four hours the same shall be kept therein. ARTICLE IV. OP COAL. 20. All coal which shall be sold from any coal yard, coai, or any other place, in this city, shall be sold by the bushel, except anthracite coal, which may be sold by weight. 21. No person shall unload, vend, or expose for sale, charcoal. any charcoal at either of the slips in front of any of the public markets of this city, under the penalty of ten dol- lars for every such offense. 22. In the sale of anthracite coal the hundred weight Anthracite coal. shall consist of one hundred pounds avoirdupois, and twenty such hundred weight shall constitute a ton. 356 OP CARTS AND CARTMEN. CHAPTER XXXVII. OF CARTS AND CARTMEN, DIRT CARTS, PUBLIC PORTERS AND GARBAGE CARTS. ARTICLE I. OF CARTS AND CARTMEN. II. OF DIRT CARTS. III. OF PUBLIC PORTERS. IY. OF GARBAGE AND OTHER CARTS. ARTICLE I. v OF CARTS AND CARTMEN. public carts 1. Every cart, truck, wagon, dray, or other vehicle, drawn by one or more horses or other animals, which shall be kept, used, driven or employed for the transportation or conveyance of any thing whatsoever, from place to place within the city of New York, for hire, wages or pay for such transportation, shall be deemed a " public cart ' within the meaning of this chapter j, and every person who shall set up, or so keep, use, drive or employ any such public cart, without first obtaining license therefor, from the Mayor of said city, as is hereinafter provided, shall be deemed guilty of a violation of this chapter. <3artmen to 2. The Mayor shall, from time to time, license and appoint so many and such persons as he may think proper to set up and keep public carts in said city, provided that no one person shall be so licensed to keep more than three such public carts. And he shall also license so many, and such persons as he may think proper, to be public cartmen of said city, and he may revoke or suspend any or all of such licenses at his pleasure ; all persons licensed, as afore- said, to keep public carts, shall be deemed to be public cartmen within the meaning of this chapter ; but it shall OP CARTS AND CARTMEN. 35 T not be lawful for any person to receive or hold a license to keep public carts, or to be a public cartman, unless he be a citizen of the United States, and resident within the State of New York, and is the actual owner of the cart or . carts, with good horses therefor, so licensed to be kept as public carts ; and the Mayor may examine, under oath, all persons applying for, or holding any such license, or the renewal thereof, touching their qualifications as aforesaid; and all licenses, other than to persons so qualified, shall be void. 3. The Mayor shall require and receive for the use of License Fee of cartmen. the city, from every person to whom he may grant license to keep public carts as aforesaid, two dollars and fifty cents for every cart so licensed; and from every person li- censed as aforesaid to be a public cartman, one dollar; and fifty cents for the license for each cart and public cartman renewed, as hereinafter provided. 4. All licenses to persons to keep public carts and to JeJiSandroI be public cartmen, shall expire on the last day of October newal * next after the date thereof ; and it shall be lawful for the Mayor to renew and continue any or all of such licenses for a year succeeding such last day of October, provided that the applicant therefor continues in all things qualified, as hereinbefore provided, to hold such license, and the ap- plication be made therefor prior to the expiration thereof, at such time as may be appointed by the Mayor. 5. No public cart shall be driven or used within said p"-ts to be Licensed. city, except by a duly licensed public cartman ; and the R< of cartmen person to whom license is granted to keep and use a pub- ^ c f ponsibili - lic cart, shall, for all the purposes of this chapter, be considered the owner thereof, and responsible for all arti- cles intrusted to, and for the conduct of the driver thereof, and liable to all forfeitures, penalties and punishments herein contained or provided. 358 OF CARTS AND CARTMEN. Numbers to 6. Every public cart shall have fairly painted on the carts - outside of the square of the after part of the shaft, or on some other conspicuous place, on each side, with black paint on a white ground, so as to be easily seen, the num- ber of the license therefor, in plain figures of at least two and a half inches in length, and the driving or using of a public cart, without its being so numbered, shall be deemed a violation of this chapter. Numbers to 7. Every person licensed as aforesaid to keep a public be defaced on J 1 f car ^ u P n failing to renew the license for, or disposing of, or parting with the same, shall deface, remove and oblite- rate the license number therefrom, and failing or neglect- ing to do so, shall be deemed to be a violation of this chapter. to g g. Every person, upon receiving a license to keep a residence, public cart, or to be a public cartman, shall report his resi- dence to the Mayor ; and upon changing his residence, shall in like manner report his new residence, and the failing or neglecting to do so, shall be deemed to be a vio- lation of this chapter. Regulation as S 9. It shall not be lawful for any person other than a to numbers. public cartman, to keep, use, drive or employ any cart or other vehicle with numbers or figures thereon similar to or resembling the numbers on public carts, or for any per- son licensed to keep public carts, to place or have any num- ber for which he may have received license, on more than one cart, or to use more carts as public carts than he may have license for. c?men r 1^ ^he ^ a 7 or ma y assign to the owner of each duly licensed public cart, a stand, where such cart may remain, waiting to be employed, and also a stand where it may re- main at other times, provided that no such stand shall be assigned for a cart to remain at such other times in front OP CARTS AND CAKTMEX. 359 of the premises of any person other than the owner of such cart, against the wishes of the occupant thereof, and provided further, that carts shall not be permitted to so stand two abreast in any of the streets; and every pub- lic cartman who shall permit his cart to stand loaded, or waiting for employment, or to remain at other times at any place other than the one so assigned for such carts, shall be deemed guilty of a violation of this chapter. 11. The Mayor, and the several officers and members carts encum- bering the of the police department and magistrates, shall have power streets. and authority to order the driver or other person having charge of any public cart or any other vehicle, to remove such cart or other vehicle away from any place in any of the streets, or on any of the wharves or docks of said city which, in his or their opinion, may be improperly incum- "bering such street or wharf, or obstructing or impeding the public travel ; and any and every person neglecting or refusing to comply with or obey any such order, shall be deemed guilty of a violation of this chapter. 12. It shall be the duty of every person driving or Names u> be , /> i T given when having charge of a public cart, to give to any person re- demanded, questing it, his name and place of residence, his number, and the number of the cart he is driving or in charge of, and the name and place of residence ol the owner thereof; and the refusal to do so shall be deemed a violation of this chapter. * 13. If any accident or injury shall happen to any per- Provision son, or any carriage, vehicle or other thing, by reason of accidents. coming in contact with any public cart, or other cart, or vehicle, or the horse or horses attached thereto, or any thing loaded thereon, while the same is moving, it shall be the duty of the person driving or having charge of the same, to immediately stop, and if necessary, render his 360 OF CAKTS AND CARTMEN. assistance, and to give his name and residence, and to give the number of the cart or other vehicle he was driving, and the name and residence of the owner thereof, under the penalty of fifty dollars, to be recovered from the driver or owner of any such cart or other vehicle. Driving carts 14. It shall not be lawful for any public cartman. or on sidewalks, wharves, & C . for any person driving or having charge of any public cart or any other cart, wagon or other vehicle, to drive or back any such public cart, or any other vehicle, on to the side- walk of any of the streets of said city, or to stop any such cart, or any other vehicle, on any of the crosswalks or in- tersection of streets, so as to obstruct or hinder the travel along such crosswalks or intersections of streets, or to place any such carts or other vehicles cross-wise of any street or wharf of said city, except to load thereon, or unload therefrom, articles of greater weight each than two hun- dred pounds ; but in no case shall it be lawful for any per- son to permit such cart or other vehicle to remain so cross- wise of any street for a longer period than may be actually necessary for such purpose, and not to exceed five minutes. 15* I* sna H n t b e lawful for any cart, wagon, coach, public cart or any other vehicle, to be driven through any of the streets of the city of New York at a greater speed than six miles an hour ; nor shall it be lawful for any such vehicle to be driven around the corner of any of the streets of said city, with the horse or horses thereto tra- veling at a faster gait than a walk ; and all and every such public carts, and all other vehicles, when passing through or along any of the streets of said city, shall, when meet- ing any other vehicle, be driven to the right-hand side of the way, so that such vehicles shall pass clear of each other ; and it shall be unlawful for any such public cart, carriage or any other vehicle, or the horse or horses at- OP CARTS AND CARTMEN. 361 tached thereto, to be driven foul of, or against any person, vehicle, or any other thing whatever, in any of the streets, or on any of the docks and wharves of said city. 16. No cart, dray, truck or wagon shall be driven over speed on any of the wharves or piers of the city of New York, at a greater rate of speed than a walk, under a penalty of five dollars, to be sued for and recovered from the owner or owners, or driver thereof, severally and respectively. 17. Each sled, cart or dray employed in the transpor- size of carts. tatio'n of any goods, wares, merchandise or other things excepting firewood, shall be two feet five inches wide be- tween the foremost rungs, and two feet nine inches wide between the hindmost rungs, and no more ; and all the rungs shall be three feet eight inches high above the floor of the sled or cart, and no more, under the penalty of five dollars for every such offense. 18. Licensed cartmen of the city of New York shall and may be permitted to use iron-shod wheels, under the regulations following : 1. The iron or tire round the wheels shall be in breadth not fbss than three inches, and the nails with which the tire shall be nailed or fastened to the wheels, shall be sunk into the iron or tire, so that the heads of such nails shall not project be* yond the surface thereof. 2. The rims of the wheels of all carts not shod with iron in the manner aforesaid, shall. not be less than four inches and a half broad, and eight inches deep, when new. 3. If any cartman shall use any cart in violation of either or any of the provisions of this section, he shall forfeit and pay the sum of five dollars for every such offense, 362 OF CARTS AND CABTMEN. ^rmture 19. Furniture or spring carts hereafter licensed, shall be ten feet in length, and no more, and four feet four inches wide, and no more; and the tires thereof shall be not less than two inches in width ; and all other provisions of this chapter, not inconsistent herewith, shall be applicable to all furniture or spring carts now in use, or hereafter to be made or licensed. Rates of 20. The prices or rates to be taken or charged for the loading, transportation and unloading of goods, wares or other articles, shall be as follows, to wit: Oils, molasses, and all wet casks containing less cents. than twenty-five gallons, for every load ... $ 38 Of twenty-five and under fifty gallons, for every four 40 Of fifty and under one hundred gallons, for every two 45 Of one hundred gallons and upward, for every one hundred gallons 50 Sugar, tobacco, copperas, and all dry casks of under one thousand pounds' weight, for every load , 38 Of one thousand pounds, and under 01$ thou- sand five hundred pounds, each 45 Of one thousand five hundred, and under two thousand pounds, each 50 Of two thousand pounds and upward, for every hundred pounds and other ponderous arti- cles of one thousand pounds' weight and up- ward, at the same rate 5 Hay, loose, per load 1 00 Bricks, when handled and piled, per load 40 Hoop poles, loose, per load 50 Timber and lumber, per load 35 Hemp, loose, for every one thousand two hun- dred pounds v .... ..^ 50 OF CARTS AND CARTMEN, 363 Cents. Beef and pork, for every five barrels 38 Calves, sheep and lambs, per load 35 Coal, per ton 50 Coal, per half chaldron 40 Cotton, for every three bales 38 Earthenware, loose, per load 40 Oil floor cloths, in boxes or rolls of less than ten feet in length, per load 33 Of ten feet, and less than fifteen feet in length, each 33 Of fifteen feet, and less than twenty feet in length, each 50 Of twenty feet, and less than twenty-four feet in length, each 65 Of twenty-four feet and upward, as may be agreed on. Plaster of Paris, loose, per ton 65 Salt, for every twenty bushels 33 Cut stone, per load 35 Slates or tiles, per load 35 Household furniture, loose, per load ..... 50 For loading, unloading and housing furniture in the removal of families, extra per load ... 50 Bedding, tied up, chests, trunks and boxes, per load 33 Cassia, in mats, per one hundred mats 25 Anchors, of under three hundred pounds' weight, per load . . . , 38 Of three hundred pounds' weight and upward, per one hundred pounds 10 Chain cables of under one thousand pounds' weight, per load 40 Of one thousand pounds' weight and upward, per one hundred pounds 5 364 OF CARTS AND CARTMEN. Cents. Iron hollow ware, per load 40 Iron and steel, per load , . 45 Fish, dry, per load 50 And for every load of goods, wares and mer- chandise, or other things not enumerated .... 38 Provided, That when the distance exceeds half a mile, and is within a mile, one third more shall be added to the above rates and prices, and in the same pro- portion for any greater distance. And if any pub' lie cartman shall ask, demand, receive, take, exact or extort any greater rate, price, pay or compensa- tion, for carting or transporting any article or thing whatsoever, than is mentioned, allowed, expressed and limited as aforesaid, it shall not be lawful for him to receive any compensation for the said cart- ing or transportation, and the said asking or re- ceiving shall be deemed a violation of this chapter, to e iSs nas 21 - It sha11 not be lawful for an y public cartman to neglect or refuse to carry and transport a good and suffi- cient load, as much as can be conveniently and safely stowed on his cart, or is reasonable for one horse to draw, nor any article of less than two thousand pounds' weight, when required so to do, unless he be then actually other- wise employed; and every public cartman and public por- ter shall be entitled to be paid the legal rate or compen- sation allowed and provided in this chapter, immediately upon the carting or transportation of any article or thing; and it may be lawful for any such public cartman or pub- lic porter, to retain any article or thing so carted or trans- ported by him, for which he is not so paid his cartage, and to convey the same without delay to the office of the Super- intendent of Police, and he shall be entitled to the lawful rate of pay or compensation for. the so conveying.. Alldis- Otf CARTS AND CARTMEN. 365 putes or disagreements as to distance or rates of compen- Disputes with cartmen. sation, between public cartmen or public porters, and per. sons employing them or owing for cartage or transporta- tion, shall be determined by the Mayor. 22. It shall not be lawful for any public cartman, or carting arti- cles over 30 any other person, to cart or transport through any of the feet in length streets of said city, any planks, poles, spars, timber or other thing exceeding thirty feet in length, except on a suitable truck or other vehicle, and such plank or other thing shall be placed lengthwise thereon, so as not to pro- ject at either end beyond the line of the side, or width of such truck or other vehicle; and all persons so carting or transporting any such poles, plank, timber, spars, or other things, in any other manner, shall be deemed guilty of a violation of this chapter. 23. It shall not be lawful for the driver or other per- cartmen to attend their son having charge of any public cart, dirt cart or any carts, other vehicle, to be off, or away from any such cart, or any other vehicle, while the same is moving or passing along any of the streets or avenues of said city; nor shall it be lawful for any public cartman, while waiting for em- ployment at any place assigned for his cart, to stand wait- ing for employment, at any other place, or to snap or flour- ish his whip, or to be away from his cart, unless from ne- cessity or on business, or to sit or stand about the door- steps or platforms, or in front of any house, store or other building, to the annoyance of the occupants thereof. 24. It shall not be lawful for any person, who has been licensed to keep public carts, or to be a public cart- man, and whose license has been suspended or revoked by the Mayor, to keep, drive or use ,ny public cart in the city of New York, under the penalty of twenty-five dollars for every such offense. 3G6 OP CARTS AND CARTMEN. 25. The stanchions of every public cart employed in Firewood, the transportation of any fire-wood, shall be shouldered with a band of iron around the part which enters the mor- tice, and the mortice cased with iron, so as to prevent the wearing of the stanchion or mortice ; and, at least three feet distant from the floor of the cart, there shall be fixed across from one stanchion to the other an iron chain, so as to prevent the stanchions from spreading, and no public cart man shall cart any fire-wood in violation of any of these provisions. 2 6. It shall not be lawful for any person to keep, r drive, use or employ any cart, wagon, truck, dray or other vehi- cle, other than such as are licensed as herein provided, for the transportation or conveyance of any article or thing, from place to place in the city of New York, unless the name and residence or place of business, where such owner can be found, (of the owner thereof,) be fairly and dis- tinctly painted, with red paint, on a white ground, in plain letters and figures, at least two and a half inches long, in a conspicuous place, on both sides of such cart or other vehicle, or so as at all times to be easily seen thereon. standing of 27. Every cartman who shall be duly licensed in the carts in tront w J C ^y f New York, shall be permitted to place and leave his cart, when unemployed, in front of the house or premises where he shall at the time reside, or in front of the stable where he shall at the time stable his horse; pro- vided that such cart shall be placed on the street upon the carriage-way thereof, in close proximity to the curb stone next to his said residence or stable, and shall not extend beyond said curb stoue any greater distance than the width of such cart, nor beyond the line of the lot on which his said residence or stable is situated, and provided that OP DIRT CARTS. 367 | such place of residence or stable shall be specified upon the license for such cart. 28. Nothing in the last section contained shall be con- ibid, strued to apply to any vehicle other than public carts in the city of New York. 29. It shall be the duty of the person or officer exer- ^^^ cising the duties of Superintendent of Carts to visit daily, the several stands and places in the city, where cartmen are in the habit of waiting for employment, and to see that all the ordinances regulating carts and cartmen, in- cluding dirt carts, are in every respect complied with. 30. It shall be the special duty of the said person or ibid. officer to ascertain whether any carts are driven for hire by persons who have not received licenses therefor, and to report such and all other offenses or violations of the law to the attorney of the Corporation. ARTICLE II. DIRT CARTS. 31. The Mayor of the city of New York may grant License of . Dirt carts. license to such and as many persons as he may deem pro- per, to keep and use such number of dirt carts as he shall think expedient, to be employed exclusively in the carting and transportation of dirt, sand, gravel, clay, paving stones, ashes, garbage and building rubbish, and revoke or suspend any or all such licenses at his pleasure; and it shall not be lawful for any person to drive or use any cart, wagon or other vehicle, for the transportation of any such dirt, sand, gravel, clay, paving stones, ashes, garbage, or building rubbish within the city of New York, for hire, wages or pay, for such transportation, unless the said cart or other vehicle be licensed as aforesaid. Provided, that 368 OF DIRT CARTS. nothing herein shall prevent any person^icensed as a pub- lic cartman, or to keep public carts from driving or using any such public cart in the carting and transporting of any such sand, gravel, clay, paving stones, ashes, garbage or building rubbish, the same as if they were licensed as dirt carts. This section shall not be construed to permit any dirt cart to be used in the transportation for hire, wages or pay, of any article or thing whatsoever, other than is herein specified. License. 32. Every license granted as aforesaid, shall continue in force for one year, from the date thereof, and may be renewed by the Mayor at any time before the expiration thereof, for a succeeding year. fw ' 33. Every person, upon receiving a license to keep and use one or more dirt carts, as hereinbefore provided, shall pay to the Mayor, for the use of the city, one dollar for every cart so licensed; and the further sum of twenty- five cents upon the renewal of the license for every such cart. 34. Every dirt cart, and every public cart, when used as a dirt cart, shall be furnished with a good and tight box, the sides and forepart of which shall be two feet, and the tail-board eighteen inches high, and of capacity to con- tain twelve cubic feet; and on all dirt carts the letters D. C., and the number of the license therefor, shall be fairly and distinctly painted, with black paint, on a white ground, on the square of the after part of the shaft, on both sides, in plain legible letters and figures at least two and a half inches long, so as to be easily and distinctly seen, and so continued; and every person driving or using a dirt cart, without being so furnished and numbered, shall be deemed guilty of a violation of this chapter. OF PUBLIC PORTERS. 369 35. It shall not be lawful for the owner or driver of Permission to remove any dirt cart or any other vehicle, or for any other person, ^ c t ( !j )beob " to use or employ, or permit to be used or employed, any such dirt cart or any other vehicle, for the conveyance or removal of any dirt, sand, gravel, stones or other thing, from any of the streets, or avenues, or highways, or from any lot of land or other place, or to dump, deposit, or leave any dirt, sand, gravel, rubbish, or other thing, in any of the streets or highways, or on any dock or wharf, or on any lot or lots of land within said city, without be- ing duly authorized or permitted so to do by the public officer or other person competent to give such authority or permission. 36. All persons offending against the provisions of the Penalty. last section, shall forfeit and pay twenty-five dollars for each offense. ARTICLE III. OF PUBLIC PORTERS. 37. The Mayor shall license and appoint as many and Porters to be J J licensed. such persons as he may think expedient, to be public por- ters of the city of New York, and revoke or suspend any or all of such licenses at his pleasure; and it shall not be lawful for any person to use any wheelbarrow or hand- cart to carry, transport or convey baggage, goods or other things, from place to place within said city, for hire, wages or pay for such conveyance, or to be at any hotel, boarding-house, ferry, steamboat landing, railroad station or depot, and solicit of strangers, travelers, citi- zens or other persons, or accept the conveyance of baggage or other articles, without being licensed as aforesaid by the Mayor. This section shall not be construed to prevent any per- Keepers of -i ii it-, public houses son keeping, or employed in, any hotel or boarding-house, 370 OF PUBLIC PORTEfcS. from conveying any baggage or other articles to or from such hotel or boarding-house, and using a hand-cart or wheelbarrow therefor; provided the name of the hotel or boarding-house, and the keeper thereof, be painted dis- tinctly on both sides of such wheelbarrow or hand-cart, and on a badge worn on the front of his hat or cap, so as to be easily and distinctly seen. Scerw f ^' ^ licenses to public porters, granted as afore- said, shall run one year from the date thereof, and may be renewed by the Mayor at any time within the said year for a succeeding year. License Fee. g 39 ^ Every person receiving a license to be a public porter, as aforesaid, shall pay to the Mayor for the use of the city, one dollar; and a further sum of twenty-five cents upon the renewal of every such license. iSe? of ^' ^ verv public porter shall wear, in a conspicuous place about his person, so as to be easily seen, a brass plate or badge, on which shall be engraved his name, the words " public porter, 77 and the number of his license; and it shall be unlawful for any other person to wear or exhibit any badge purporting to be, resembling, or similar to, the badge of a public porter ; and no public porter shall permit any other person to wear his badge or use his name in any way whatever, in the transportation or con- veyance of any thing. porter's fees. 41. Public porters shall be entitled to charge and re- ceive for the carrying or conveyance of any article, any distance within half a mile, twelve cents, if carried by hand; and twenty-five cents if carried on a wheelbarrow or hand-cart; if the distance exceeds half a mile, and is within a mile, one half of the above rates in addition thereto, and in the same proportion for any greater dis- tance. OP PUBLIC PORTERS. 371 42. No public porter or hand-cartman shall be entitled Porter's fees. to recover or receive any pay or fare, from any person for the transportation of any article or articles, unless his name and number of his license, and the rates shall be fixed, and the badge worn, agreeably to this chapter. 43. Upon the trial of any cause commenced for the Ibld ' recovery of any of the aforesaid prices or rates, it shall be incumbent on the plaintiff in such action, to prove that the badge was worn and the prices fixed, agreeably to the last preceding section, at the time the services were ren- dered for which the suit was brought. 44. No public porter or hand-cartman shall neglect Refusing em- ployment. or refuse to transport any article or articles, when re- quired so to do, unless he shall then be actually and other- wise employed, or unless the distance he shall be required to go shall be more than two miles, under the penalty of five dollars for each offense. 45. No public porter or hand-cartman shall suffer or substitution of others. permit any other person than himself to carry any article or articles, in his wheel or hand-barrow, or hand-cart, or to wear his badge, under the penalty of five dollars for every such offense. 46. If any public porter shall ask or demand any porter's fees, grater rate of pay or compensation for the carrying or conveyance of any articles than is herein provided, he shall not be entitled to any pay for the said service; and to so ask, demand or receive any such greater pay or com- pensation, shall be deemed a violation of this chapter. 47. It shall not be lawful for anv person to represent False repre- sentation, himself as, or to wear or exhibit any badge, inscription, card or device purporting or implying that he is employed or authorized by the keeper, proprietors, agent or officer 372 OF GARBAGE AND OTHER CARTS. of any hotel, boarding house, vessel, steamboat or railroad company, to solicit, receive or convey persons, baggage or other things to or from any such hotel, boarding-house, vessel, steamboat or railroad company's station or depot, without being actually and duly authorized by such keeper, proprietor, officer, or agent, so to do, under the penalty of twenty-five dollars for every offense. General Provision. penalties. 48. All persons who shall violate or fail to comply with any of the provisions of this chapter, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished, pursuant to the provisions of sections 20 and 21 of an act relative to the powers of the Common Coun- cil of the city of New York, and the criminal courts of said city, passed by the Legislature of the State of New York, January 23d, 1833 : or in lieu thereof, shall for- feit and pay, for the use of said city, ten dollars for each and every offense, except where a penalty is prescribed in said chapter. ARTICLE IY. OP GARBAGE AND OTHER CARTS. Regulations. 49. Every cart or other vehicle used to convey or transport dirt, manure, sand, gravel, mud, ashes, lime, garbage, swill, offal, or other loose materials, in any of the streets of said city, shall be fitted with a good and substantial tight box thereon, the sides of which shall be twenty-four inches, and the tail-board eighteen inches high, so that no portion of such dirt, sand or other loose mate- rial be scattered or thrown into any of said streets ; and all carts or other vehicles, when used in carting slaked lime, garbage, offal, swill, or other offensive matter, or ashes, shall have the box thereof closely covered with a OP GARBAGE AND OTHER CARTS. 373 sufficient covering of cloth, or boards closely fitted, so as Regulations. to prevent the escape or flying about of any of the con- tents, or effluvia therefrom; and every person using any cart or other vehicle for any such purpose, without its being so fitted shall be deemed guilty of a violation of this chapter. 374 OF EXPRESS WAGONS. CHAPTER XXXVIII. OF EXPRESS WAGONS. ! All the provisions of the preceding chapter of these ordinances, as far as relates to carts and cartmen, and not inconsistent herewith, excepting sections 2, 3, 6, 10, 20 and 21 of said chapter; are extended to, and shall include and be applicable to all wagons and other vehicles, commonly known as express wagons, which shall be kept, used, driven or employed for the transportation of any thing whatsoever, to or from any place within the city of New York, from or to any place wheresoever, for hire, wages or pay; provided always, that the owner or owners of such wagons or vehicles shall have a place in the city of New York, for the transaction of such business. 2. The Mayor shall, from time to time, license and appoint so many and such persons as he may think proper to set up and keep one or more express wagons in said city ; and he may revoke or suspend any or all such licenses at his pleasure; but it shall not be lawful for any person to receive or hold a license to keep such express wagons, unless he is the actual owner of the wagon or wagons, and of a good horse or horses therefor, nor unless he be a citizen of the United States, and has a family, and resides with his family in said city; or if not having a family, shall have resided himself therein during the six months preceding, and the Mayor may examine, under oath, all persons applying for or holding any such license or the renewal thereof, touching their qualifications, as aforesaid ; and all licenses, other than to persons so qualified, shall be void, OP EXPRESS WAGONS. 375 3. The Mayor shall require and receive, for the use License Fee. of the city, from every person to whom he may grant license to keep such express wagons, five dollars for every wagon so licensed, and two dollars and fifty cents for the licenses of each wagon renewed. 4. Every such express wagon shall have fairly painted on the outside thereof, in a conspicuous place, on each side, so as to be easily seen, in plain letters and figures of at least two and a half inches in length, the name of the owner or owners, the place of business in said city, and the number of the license for such wagon, and such owner or owners shall be responsible for all articles in- trusted to such wagon or to the driver thereof, and for the conduct of such driver, whilst in charge of or with such wagon. 5. No person shall drive such express wagon unless Drivers to be licensed. he be twenty-one years of age, and have obtained license from the Mayor for such purpose, under the penalty of ten dollars for every such offense, to be recovered from the owner or owners of such express wagon, and from such driver, both or either. 6. The Mayor is hereby authorized to grant licenses, ibid, from time to time, to drivers of such express wagons, as are herein mentioned, as often as may be necessary, and to suspend and revoke the same whenever he may deem it expedient. 7. Any driver of an express wagon who shall be thrice convicted of a breach of any of the sections of this chapter of these ordinances, shall be deprived of his license and forever debarred of a license under this chap- ter. 37G OF STAGES OB ACCOMMODATION COACHES. CHAPTER XXXIX. OF STAGES, OE ACCOMMODATION COACHES. ARTICLE I. OF LICENSING STAGES OR ACCOMMODATION COACHES. II. OF THE PLACES AT WHICH STAGES MAY STAND, WAITING FOR HIRE. III. OF STAGES WHILE ON THE STAND, OR MOVING FROM ONE PART OF THE STAND TO ANOTHER. IV. OF STAGES WHILE GOING OR DRIVING. V. OF THE SUPERINTENDENCE OF STAGES. YI. GENERAL PROVISIONS. ARTICLE I. OF LICENSING STAGES OR ACCOMMODATION COACHES AND DRIVERS. License of 1. The Mayor of the city of New York, for the time being, is hereby authorized and required, from time to time, to issue licenses, under his hand and seal, in accord- ance with the provisions of the laws of the State of New York, to persons to keep and use accommodation coaches or stage coaches. Such licenses shall specify, in each case, and for each coach or stage, the name of the owner; the number of the coach or stage; the route to be taken in going to, and returning from, such parts of the city for which it shall be licensed. of LI- 2. All licenses granted by virtue of this chapter, shall expire on the first Monday in July next after the date thereof, and shall be renewed by the Mayor, on appli- cation, OP STAGES OR ACCOMMODATION COACHES. 377 3. A separate license shall be taken out for every ac- rach stage J tobe licensed commodation stage or coach. 4. Every person licensed, by virtue of the provisions Licence r e of this chapter, shall pay to the Mayor of the city of New York, for the use of the city, for every accommodation coach or stage, or stage coach which such person shall keep, the sum of thirty dollars, when drawn by four horses, and twenty dollars, when drawn by two horses ; and half those prices respectively, when the tire of any accommodation coach or carriage licensed by this act shall be of the width of four inches or upwards. 5. No accommodation coach or stage drawn by more Horses - than two horses, except such as were licensed before the seventh day of April, one thousand eight hundred and thirty-five, shall be licensed, or permitted to run in the streets of this city. 6. The owner of any coach or stage, driven without Penalty, license, or taking any other route than that designated by license, or using any other street or place than that as- signed by license to it, shall, in each, or any, or every case of such violation of this chapter, be subject and held to pay the penalty of twenty-five dollars. 7. No person shall keep or drive for hire or wages No pta ? e l <> be use-i witu- in the city of New York, any accommodation coach or out Ucense - stage, or stage coach, by whatever name or title the same may be known or designated, without being licensed as aforesaid, under the penalty of fifty dollars for every such offense, to be recovered from the owner or owners, or driver thereof, severally and respectively. 8. No person shall drive any such coach or stage, License or unless he be twenty-one years of age, and have obtained license from the Mayor for such purpose, under the pen- 25 378 OF STAGES OR ACCOMMODATION COACHES. License fee of Drivers. Penalties. Ftands for Stages. Ibid. alty of ten dollars for every such offense, to be recovered from the owner of such coach or stage, and from such driver, both or either. 9. The Mayor is hereby authorized to grant licenses, from time to time, to drivers of such coaches as are herein mentioned, as often as may be necessary, and to suspend and revoke the same whenever he may deem it expedient; and every driver of a stage or accommodation coach shall, on receiving his license, pay to the Mayor of the city of New York, for the use of the city, the sum of twenty-five cents. of any stage, coach or carriage, wlo shall be thrice convicted of a breach of any of the sections of this article of thschapter, shall be deprived of his license, and forever debarred of a license under this ordinance. 11. The provisions and penalties of the several sec- tions of the ordinances regulating hackney coaches, shall apply, in every respect, to all accommodation stages or coaches, or stage-coaches, which shall or may be licensed, by virtue of the provisions of this chapter. ARTICLE II. OF THE PLACES AT WHICH STAGES MAY STAND WAITING FOR HIRE. 12. Accommodation stages or coaches, or stage-coaches may stand, waiting for hire or employment, at all times, Sundays excepted, at the stands herein named, to wit : All those stages or coaches which run or ply between Wall street and Greenwich Village, may stand, for the purpose of receiving passengers, on the westerly side of Nassau street, between Wall street and Pine street, and OF STAGES OR ACCOMMODATION COACHES. 379 on the westerly side of Broad street, at its junction with Wall street, and at such other places as may be designated by the Mayor. 13. The stage-coaches or carriages named in the preceding section of this chapter may, from time to time, stages> in their passage northward from the said stand, call at the southwesterly corner of Nassau street and Pine street, to take up and receive passengers, provided, that no such stage-coach or carriage shall remain or stand at the said corner longer than five minutes at any one time. 14. It shall be the duty of the Alderman and Coun- stands. cilmen of the respective districts, where it may be neces- sary to fix a stand for the accommodation of stage-coaches, together with the Mayor, to designate a place for the accommodation of said coaches; and the place so fixed upon by a majority of them, shall be the stand or place until a change shall be made by the same authority. 15. The Aldermen and Councilmen of the districts stands. embracing the Fourth, Sixth, Seventh and Tenth Wards are hereby authorized to designate a place or stand, on Chatham square, for the accommodation of stages from Harlem, Yorkville, or any intermediate places, and which receive or discharge their passengers in the Bowery, and also to fix the period of time which they shall be per- mitted to remain there; and the stand so designated shall be appropriated for said stages. 16. If any stage or accommodation coach or carriage Ibid shall be allowed to stand, for hire or employment, in any other street or place, or for any longer time than is pre- scribed by or under this chapter, the owner or driver thereof shall forfeit and pay, for every such offense, the sum of five dollars, to be sued for and recovered from the owner and driver thereof, severally and respectively. 380 OP STAGES OE ACCOMMODATION COACHES. ARTICLE III. OF STAGES WHILE ON THE STAND, OR MOVING FROM ONE PART OF A STAND TO ANOTHER. Kands ns ^' ^ V61 T stage-coach or carriage named or referred to in the second article of this chapter shall, on return- ing to the stands designated for them, take its station in the rear of the stage-coaches or carriages then occupying the stands; and each stage-coach or carriage, when leav- ing the said stand, shall wait for its turn in the order in which it arrives on said stand, under a penalty for a viola- tion of either of the provisions of this section, of ten dollars, to be sued for and recovered from the owner or driver thereof, severally and respectively. 18. No stage-coach or carriage, occupying either of the stands designated for them, shall, for the purpose of taking and conveying passengers, leave the stand or place which it occupies, until its turn, under the penalty of five dollars for every offense, to be sued for and recovered from the owner or driver thereof, severally and respec- tively. ibid 19. No stage-coach or carriage, while upon, at, or near either of the said stands, shall stand abreast, or along- side of any other stage-coach, or carriage, under the penalty of five dollars for every such offense, to be sued for and recovered from the owner or driver thereof, seve- rally and respectively. ittd. g 20, No stage-coach or carriage shall leave the stands designated for them, until five minutes shall have elapsed after the departure of the stage-coach or carriage imme- diately preceding, under the penalty of five dollars, to be sued for and recovered from the owner or driver thereof, severally and respectively. OF STAGES OR ACCOMMODATION COACHES. 381 21. The Mayor of the city of New York, by and with Regulations at Stands. the consent of the Aldermen and Councilmen, represent- ing the respective districts, shall have full power and au- thority to make such rules and regulations, and give such orders respecting the standing of accommodation stages or coaches or stage-coaches, at and upon the stands desig- nated and specified for such coaches or stages, as may be necessary to preserve order and decorum. 22. Every owner or driver of any such stage coach or Penalties. carriage, who shall neglect to obey any of the said rules, regulations or orders, shall forfeit and pay, for every such offense the sum of five dollars, to be recovered from the owner or driver of any such coach or carriage, severally and respectively. 23. No person, whether driver or owner of any regulation at hackney coach or accommodation stage coach, while waiting for employment, at either of the said stands, shall snap or flourish his whip, or shall leave such coach or car- riage under the penalty of five dollars for every such offense, to be recovered from the owner or driver thereof, severally and respectively. AKTICLE IT. OF THE STAGES WHILE GOING OE DRIVING. 24. The owner or driver, or person having charge of speed, any stage or accommodation coach, shall not drive, or permit the same to be driven in the city of New York, at greater speed than at the rate of dx miles an hour, nor at a less rate than four miles an hour, unless obstructed in the streets, under the penalty of ten dollars for every such offense. 25. The owner or driver, or person having charge of passi any stage or accommodation coach, shall not, on any Tehic ' e8 382 OF STAGES OR ACCOMMODATION COACHES. street, road, avenue or highway in the city of New York, pass or attempt to pass with the same any other stage or accommodation coach, which shall be driving or going the same route or direction on the same street, road or way, at the rate or speed of four miles and upwards an hour, under the penalty of ten dollars for every such offense. rS. ins n 26 - No coacn or stage, after the commencement of its route in going or returning, shall stop until its arrival at the termination of such route, unless an actual necessity shall exist therefor, (or to set down a passenger or pas- sengers, or to take up and into such stage a passenger or passengers claiming to be admitted); and no such coach or stage shall be stopped or driven abreast of another, or stopped so as to obstruct the free passage of any cross- walk or cross street, or the passage-way at the intersec- tion, head or termination of any street, under the penalty of ten dollars for each and every offense. settinf i?wn ^' ^ driver shall take up or set down any passen- 1 ger or passengers, except upon the right hand side of the way, in going and returning on his route, between Tenth street, in Broadway, Chatham square, head of Chatham street, and the southerly or easterly termination of his route, under the penalty of ten dollars for each offense. Ks?" f ^' Every stage or coach shall be numbered, on each side near the centre thereof, and on the door behind, both on the inside and the outside panel, with the license number thereof, in plain, distinct figures, four inches in length, painted on a ground of a distinct contrast color, and so placed as to be readily seen and known at all times, under the penalty of twenty-five dollars for each and every day's use of such stage or coach not so num- bered. uumb s ers wita 29 - Every stage or coach when driven or used in the . OF STAGES OR ACCOMMODATION COACHES. 3*3 night, shall have fixed upon the inside of the front of the stage, a sufficient lighted lamp or candle, and shall have the number of its license, in plain legible figures of at least four inches in length, and no other figure or device, painted on each front side sash-light of such stage or ac- commodation coach, in such a manner that the same may be distinctly seen and known by persons either inside or outside, (whether the said stage or accommodation coach may be standing or driving); said sashes to be made and kept stationary, under a penalty of ten dollars for every violation. 30. No stage or coach shall have exhibited, on any Numbers. part thereof, any other number than the number of its license, under the penalty of fifty dollars. 31. All stages shall be prohibited from stopping by ^g ng of the sidewalk, in front of any hotel or private residence, without express permission of the occupants thereof, except for the purpose of taking up such passengers as may hail them, or of setting down those who may desire to quit them . 32. No stage shall be allowed to stop, for the purpose watering of watering the horses attached thereto, excepting at such points as may be selected and designated by the City Marshal. 33. The owner or owners, driver, and any person renames, having the charge of any stage or accommodation coach, shall be liable, severally and respectively, for the penalty or penalties prescribed for any and every infringement of the provisions of this chapter. 34. It shall be the duty, especially of all day and p ep't <-f of- other police officers and Mayor's marshals, to daily report all violations of the laws and regulations appertaining to 384 OF STAGES OR ACCOMMODATION COACHES. stages or accommodation coaches, to the Attorney of the Corporation. ARTICLE V. OF THE SUPERINTENDENCE OF STAGES. Duties. g 35 j t g]iall be t]ie dufv of the person or O fg cer exer . cising the duties of Superintendent of Stages, to visit the stands designated in this chapter, and such other places as may, by law, be designated as stands for stages. He shall have full power and authority to order away from the stands, any coach or stage not provided with proper and sufficient horses or harness: or if the horses attached thereto are unruly ; or if the driver or person having charge thereof is intoxicated, or in any manner misbehaves himself. siipodmen- 36. If any person or persons having charge of any such stage or coach, shall refuse or neglect to obey such order of the said person or officer, he or they shall forfeit and pay, for every such offense, the sum of five dollars, to be recovered from the owner or driver thereof, severally and respectively. Duties of sn- 37. It shall be the duty of the said person or officer, periiitendent J to see that all the laws regulating accommodation stages and coaches, are in every respect complied with; and it is particularly enjoined upon the said person or officer, that he report all offenders thereof to the Attorney of 'die Cor- poration. Ibid> 38. The said person or officer, under the direction of the Mayor of the city of New York, shall determine the number of coaches or stages for any particular stand; and he shall also designate the proper boundaries and limits of every stand. OF STAGES OK ACCOMMODATION COACHES. 3 85 ARTICLE VI. GENERAL PROVISIONS. 39. All the provisions and penalties of this chapter, sieighs. except those requiring lamps, shall apply to sleighs which shall come upon and use the stands designated for them, and to the owner or owners, or drivers thereof; and shall also apply, in all respects, to sleighs which shall be driven and used for the conveyance of passengers, in the city of New York, for hire or wages. 40. Every owner, driver or person having charge of Number and J name to bo any accommodation coach or stage, shall, upon being re- fi quested so to do, give to any person or persons the number of his coach or stage, the name of the owner thereof, and his place of abode; and in default thereof, shall forfeit and pay the sum of ten dollars to be sued for and reco- vered from the owner or driver of any such coach or stage severally and respectively. 386 OP HACKNEY COACHES AND CABS. CHAPTER XL. OF HACKNEY COACHES AND CABS. ARTICLE I. OP LICENSING OWNERS OF HACKNEY COACHES. II. OF LICENSING DRIVERS OF HACKNEY COACHES. III. OF THE RATES AND PRICES OF FARES. IV. OF THE REGULATING AND NUMBERING OF HACKS. V. OF THE PLACES AT WHICH HACKS MAY STAND FOR HIRE. VI. OF SPECIAL HACKNEY COACHES OR CARRIAGES. VII. OF THE SUPERINTENDENCE OF HACKNEY COACHES AND CARRIAGES. VIII. OF CABS. ARTICLE I. OF LICENSING OWNERS OF HACKNEY COACHES. Licensor 1- The Mayor of the city of New York, for the time being, shall, from time to time, issue licenses under his hand and seal, to so many and such persons as he shall think proper, to keep hackney coaches and carriages for hire in the said city, and to revoke all or any of the said licenses. Ibid - 2. No person who is not a citizen of the United States, a resident of this city for the last six months, of the age of twenty-one years and upward, and the owner of two good horse:, and a sufficient hackney coach or carriage, shall be licensed as aforesaid. ath - 8. The Mayor of the said city may administer to any person applying for a license, an oath or affirmation, and shall examine such person orally, touching his said appli- cation and qualifications to receive said license. OF HACKNEY COACHES AND CABS. 387 4. All licenses to the owners of hackney coaches and Term of Li- carriages, shall expire on the first Monday of June, next after the date thereof. 5. If the owner of any hackney coach, who may have received a license, shall sell or dispose of such coach be- fore the expiration of such license, such licensed owner shall, within ten days after such sale, report the same to the person exercising the duties of Superintendent of Hackney Coaches, who shall be authorized with the con- sent of the Mayor, to transfer such license to the purchaser of such hackney coach, on the payment of one dollar; and every owner of a hackney coach who shall neglect to re- port any such sale to the said person, shall forfeit and pay the sum of five dollars. 6. No licensed person shall be entitled to have hisJ!2E lof license renewed, unless he shall make it satisfactorily ap- pear on oath, as aforesaid, that he still owns two good horses, and a sufficient and proper hackney coach, as aforesaid. 7. Every license shall state the number of the car- Number. riage for which the same is granted. 8. Every person who may be licensed as aforesaid i>icen=c Fee c J L J of owners. shall pay the Mayor, for the use of the city, for each hack- ney coach or carriage, which such person shall keep for hire, the sum of five dollars. 9. Every person who shall keep or drive any hackney Penalty. coach or carriage, for hire, in the city of New York, without being first licensed as aforesaid, shall be liable to the penalty of twenty-five dollars for every such offense. 388 OF HACKNEY COACHES AND CABS. ARTICLE II. OF LICENSING DRIVERS OF HACKNEY COACHES. 2?' 8 Li ' 10 - The Ma J r of the cit 7 of New York shall have full power and authority from time to time, to issue li- censes, under his hand and seal, to so many and such per- sons as he may think proper, to drive hackney coaches and carriages, and at pleasure, to revoke all or any of the said licenses. 11. All licenses to drivers of hackney coaches or car- riages, shall expire on the first Monday in June next after the date thereof. of Drive? 6 ^' -^ vei T driver of a hackney coach or carriage shall, on receiving his license, pay to the Mayor of the city of New York, for the use of the said city, the sum of one dollar. penalty. No person shall drive any hackney coach or carriage, without being at the time licensed as aforesaid, under the penalty of five dollars for each offense. w?ihout dr 13. No owner of any hackney coach, carriage or cab, shall suffer or permit any person to drive such hackney coach, carriage or cab, who is not licensed as aforesaid; nor shall the owner permit any driver who has received any license as aforesaid, to drive any coach, carriage or cab, other than the number for which he is licensed, under the penalty of ten dollars for every such offense. e! ltogLI " 14. Any driver who shall be thrice convicted of a breach of any of the sections of this chapter, shall be de- prived of his license, and forever debarred of a license under this chapter. 15. Every licensed owner or driver of any hackney coach, carriage or cab in the city of New York, whenever OP HACKNEY COACHES AND CABS. 389 he shall drive any such coach, carriage or cab, or shall be with his coach, carriage or cab on any public stand, or at any of the steamboat or other landings, or railroad depots, or while waiting for employment at any place in said city, shall wear conspicuously on his hat a badge, with the num- ber of his license fixed thereon the figures composing which number shall be of brass, or some other metal, and at least one inch in length. The form and material of the said badge shall be determined by the Mayor of said city. 16. No owner of any such coach, carriage or cab in Badge of per. said city shall suffer or permit any licensed driver to drive s any such coach, carriage or cab, unless such driver shall have fastened on his hat, conspicuously displayed, a badge, with the number of his license thereon, as aforesaid. 17. No person, except a licensed owner or driver of lbid - any such coach, carriage or cab in the said city, shall wear the badge of any such licensed owner or driver, or any badge purporting to be the badge of any such licensed owner or driver; nor shall any person other than a licensed driver or owner solicit passengers for any such coach, car- riage or cab; nor shall any such licensed owner or driver wear any other than his own badge, or suffer or permit any other person to wear the same. 18. Every driver of any such coach, carriage or cab, Card3 shall present to every passenger employing him, a card, on which shall be legibly printed, the number of his license, and also the name and stable of the owner, and the num- ber of the coach, carriage or cab driven by him, together with the place of the Mayor's office; and every such owner may, with the consent of the captain, agent, or superinten dent of any steamboat or ship, or railroad company lanc( 390 OF HACKNEY COACHES AND CABS. ing at, or terminating in said city, enter on board such steamboat or ship, or into the depot of such company, for the purpose of soliciting passengers, providing he shall comply, in every respect, with the provisions of this chap- ter. 19. Any licensed owner or driver of any hackney coach, carriage or cab, or any other person who shall neg- lect to comply with, or violate either of the provisions of the 15, 16, 17 or 18th sections of this chapter, shall be lia- ble to a penalty of ten dollars for every such neglect or violation. SS a cSS~ 20 - The last five sections shall not apply to any licensed owner or driver of any coach, carriage or cab having a special license. ARTICLE III. OF THE RATES AND PRICES OF FARES. Fu t -e 30f 21- The prices or rates of fare to be taken by or paid to the owners or drivers of hackney coaches or carriages, shall be as follows, to wit: 1. For conveying a passenger any distance not ex- ceeding one mile, fifty cents; for conveying two passengers the same distance, seventy-five cents, or thirty-seven and a half cents each; and for every additional passenger, thirty-seven and a half cents. 2. For conveying a passenger any distance exceeding a mile, and within two miles, seventy-five cents: and for every additional passenger, thirty-seven and a half cents. 3. For conveying a passenger to the new Alms-house and returning, one dollar; and for every addi- tional passenger, and returning, fifty cents. OF HACKNEY COACHES AND CABS. 391 4. For conveying one passenger to Fortieth street and atcs of remaining half an hour, and returning, one dol- lar and a half; and for every additional passen- ger, fifty cents. 5. For conveying one passenger to Sixty-first street, and remaining three-quarters of an hour, and re- turning, two dollars; and for every additional passenger, fifty cents. 6. For conveying one passenger to Eighty-sixth street, and remaining one hour, and returning, two dol- lars and a half; and for every additional passen- ger seventy-five cents. 7. For conveying one or more passengers to Harlem, and returning, with the privilege of remaining three hours, five dollars, or to the High Bridge, five dollars, with the same privilege. 8. For conveying one or more passengers to Kings- bridge and returning, with the privilege of keep- ing the carriage all day, five dollars. 9. For the use of a hackney coach or carriage by the day, with one or more passengers, five dollars. 10. For the use of a hackney coach or carriage by the hour, with one or more passengers, with the pri- vilege of going from place to place, and stopping as often as may be required, one dollar an hour. 1 1 . In all cases where the hiring of a hackney coach or carriage is not, at the time thereof, specified to be by the day or hour, it shall be deemed to be by the mile. 12. For children between two and fourteen years of age, half price is only to be charged; and for children under two years of age, no charge is to be made, 392 OF HACKNEY COACHES AND CABS. 13. Whenever a hackney coach or carriage shall be detained, excepting as aforesaid, the owner or driver shall be allowed after the rate of seventy- five cents an hour. 14. For attending a funeral within the lamp and watch district, two dollars; and to the Potter's Field, three dollars; which charges shall include for the necessary detention and returning with passen- gers. 15. Every driver or owner of a hackney coach, car- riage or cab, shall carry, transport and convey, in and upon his coach, carriage or cab, in addition to the person or persons therein, one trunk, valise, saddle-bag, carpet-bag, portmanteau or box, if he be requested so to do, for each passenger, without charge or compensation therefor; but for every trunk or such articles as above-named, more than one for each passenger, he shall be entitled to demand and receive the sum of six cents. Disputes. 22. In case of disagreement as to distance or price, the same shall be determined by the Mayor. collecting 23 The owner of any hackney coach or carriage shall not demand or receive any pay for the conveyance of any passenger, unless the number of the carriage, and the rates and prices of fare shall be fixed and placed in the manner hereinafter directed by section 30 of this chapter, at the time such passenger may be conveyed in such carriage. n>id. 24. The owner or driver of any hackney coach or car- riage shall not be entitled to recover or receive any pay from any person from whom he shall have demanded any greater price or rates than he may be authorized to re- ceive as aforesaid. OP HACKNEY COACHES AND CABS. 393 2. Upon the trial of any cause commenced for the Proof inac- tions, recovery of any of the aforesaid prices or rates, it shall be incumbent upon the plaintiff or plaintiffs in such action to prove that the number and prices or rates were placed and fixed in pursuance of the provisions of this chapter, at the time the services were rendered, for which the suit may be brought. 6 26. No owner or driver of any hackney coach or car- Demand or excessive riage in the city of New York, shall ask, demand or re- fare - ceive any larger sum than he or they may be entitled to receive as aforesaid, under the penalty of ten dollars for every such offense, to be sued for and recovered from the owner or owners, or driver of any such hackney coach or carriage, severally and respectively. ARTICLE IV. OP THE REGULATING AND NUMBERING OP HACKS. 27. Every hackney coach or carriage which shall ^^^^ resort to or come upon any of the stands hereinafter desig- nated, or which shall be found waiting for hire at a place other than the house or stable of the owner thereof, shall be marked and numbered in the manner following, that is to say: The number of the license of the owner thereof shall be fixed in plain legible brass figures of at least two inches in length and a quarter of an inch thick on each side of the rocker, immediately under the doors of the car- riage, on the outside thereof, and such conspicuous place on the inside of the carriage as shall be designated and approved by the Mayor. 28. Every hackney coach or carriage, when driven or Lamps with used in the night, shall have fixed upon some conspicuous M part of the outside thereof, two lighted lamps with plain 26 394 OF HACKNEY COACHES AND CABS. glass fronts and sides, and having the number of the license of the owner of such hackney coach or carriage in plain legible figures, at least two inches in length, and no other figure or device, painted with black paint upon each of the said lamps, in such a manner that the same may be dis- tinctly seen and known, when the said hackney coach or carriage may be standing or driving. Penalty. g 29. Any person or persons who shall keep or drive such hackney coach or carriage, in violation of any or either of the preceding provisions of this chapter, shall forfeit and pay for every such offense, the sum of ten dol- lars, to be sued for and recovered from the owner or dri- ver thereof, severally and respectively. card to be & 30. There shall be fixed in every hackney coach or car- axed in tho riage, in such a manner as can be conveniently read by any person in the same, a card containing the name of the owner of said carriage, the number of his license, and the whole of the third article of this chapter printed in plain legible characters. Exhibition of & 31. Every driver or owner of such hackney coach or card. J carriage shall, when required so to do by any passenger in such hackney- coach or carriage, exhibit to such passenger a card in every respect similar to the one above-mentioned and described in the preceding 1 section. Penalty. 32. Any person who shall violate any or either of the provisions of this chapter, shall forfeit and pay for every such offense the sum of ten dollars, to be sued for and re- covered from the owner or driver of such hackney coach or carriage, severally and respectively. Rotv,?at of a 33 NO owner or driver of any hackney coach, car- empbyment. riage, or cab, whilst on any of the stands, or any stand which may hereafter be made, or- at any steamboat land- OP HACKNEY COACHES AND CABS. 395 ing, or other landing, or whilst waiting for employment at any place other than at the stable or residence of the owner thereof, shall refuse or neglect to convey any per- son or persons to any place or places on the island of New York on his being applied to for that purpose; and on the person or persons being placed in such coach, carriage or cab, shall immediately carry him, her, or them, (as the case may be,) to such place as he, she or they may request; nor shall the owner or driver place any other person or persons in such coach, carriage or cab, without the consent of the person or persons therein, or who first engaged or called upon him, under the penalty of ten dollars for each and every refusal, neglect, or oifense, to be sued for and recov- ered from the owner or driver of any such hackney coach, carriage or cab, severally and respectively. 34. No person, whether owner or driver of any ^JJJ"J* hackney coach, carriage or cab, or accommodation stage coach * c coach, while waiting for employment at either of the pub- lic stands, or at any stand that may hereafter be made, or at any steamboat landing, or other landing, shall snap or flourish his whip, or leave such coach, carriage or cab, or accommodation stage coach, and go on board of any steam- boat or other vessel, or on any pier or wharf, for the pur- pose of looking for employment for such coach, carriage or cab, or accommodation stage coach, under the penalty of ten dollars for each and every offense, to be sued for and recovered from the owner or driver thereof, severally and respectively. 35. All the provisions and penalties of this chapter, except those requiring lamps, shall apply to the sleighs, which shall come upon and use the stands hereinbefore designated, and to the owner or owners, or drivers thereof; and shall also apply, in all respects, to sleighs which shall 396 OP HACKNEY COACHES AND CABS. Name and number to be required. Soliciting passeugers be driven and used for the conveyance of passengers in the city of New York, for hire or wages. 36. Every owner, driver or person having charge of en any hackney coach or carriage, shall, upon being requested to do so, give to any person or persons the number of his coach, the name of the owner thereof, and his place of abode; the name of the driver thereof, and his place of abode; and in default thereof, shall forfeit and pay the sum of ten dollars, to be sued for and recovered from the owner or driver of such coach, severally and respectively. 37. No person shall solicit or request, nor shall the licensed owner or driver of any hackney coach, carriage or cab, or accommodation stage coach, solicit or request, hire, employ, suffer or permit any person to solicit or re- quest in any way, directly or indirectly, any person or per- sons in the public streets, or at any place of public amuse- ment, or on board of any steamboat or other vessel, or at any steamboat landing or other landing, or upon any wharf or pier in the city of New York, to ride in, or hire, or en- gage, or employ any hackney coach, carriage or cab, or stage coach, under the penalty of ten dollars for each and every offense, to be sued for and recovered from such per- son, owner or driver, any or either of them, severally and respectively. ARTICLE Y. OP PLACES AT WHICH HACKS MAY STAND FOR HIRE. 38. Hackney coaches and carriages may stand waiting for employment, at all times, Sundays except ed,"^ at the stands herein named, that is to say: 1. On the northerly side of Chatham street, along the Park. 2. In Broadway, around the Bowling Green. Stands for Hacks. OF HACKNEY COACHES AND CABS. 397 3. In Barclay street, west of Washington street, 4. In Pearl street, at Hanover square. 5. In Maiden lane, southeast of Water street. 6. In Murray street, between Washington street and West street. 7. In Hudson street, along St. John's Park. 8. In Beekman street, southeast of Water street. 9. In Hudson street, near the Little Park. 10. In Reade street, west of Washington street. 11. In Canal street, west of Washington street. 12. In Chatham square. 13. In Grand street, southeast of Mangin street. 14. In Catharine street, southeast of Cherry street, * after market hours. 15. On the northerly side of Canal street, east of Broadway. 39. The Mayor of the city of New York, with the ad- stands for Hacks. vice and consent of the Alderman and Councilmen of each district, may, from time to time, designate such other place or places in each ward, as they shall deem proper, at which hackney coaches and carriages may stand waiting for em- ployment. 40. The owner or driver of any hackney coach or car- ibid, riage, which shall stand waiting for employment at any other time or place than herein are designated or may be designated as aforesaid, shall forfeit and pay for every such offense, the sum of ten dollars, to be recovered from the owner or driver thereof, severally and respectively. 41. The Mayor of the city of New York, by and with the consent of the Aldermen and Councilmen of the several 398 OF HACKNEY COACHES AND CABS. districts, shall have full power and authority to make such rules and regulations, and give such orders respecting the standing of hackney coaches and carriages at and near the theatres and other places of amusement,, at night, and at and near steamboats and other vessels at all times, and at and upon the stands designated and specified for such coaches, as may be necessary to preserve order and de- corum. ui b a e Sl reg " 42. Every owner or driver of any such hackney coach or carriage, who shall neglect to obey any of the said rules, regulations or orders, shall forfeit and pay for every such offense, the sum of five dollars, to be recovered from the owner or driver of any such coach or carriage, severally and respectively. pioymentTn 43. No owner or driver of any hackney coach, car- riage, cab or stage coach, shall drive, or lead his hackney coach, carriage, cab or stage coach, up or down any street, avenue, dock, wharf or pier, on the Lord's Day, commonly called Sunday, for the purpose of looking for employment, under the penalty of ten dollars, for each and every of- fense, to be sued for and recovered from the owner or dri- ver of such coach, carriage, cab or stage coach, each seve- rally and respectively. Smpaid! 44. Any penalty recovered under the provisions of this chapter, shall be paid to the Comptroller of the city for the use thereof. ARTICLE VI. OP SPECIAL HACKNEY COACHES OR CARRIAGES. special n- 45. The proprietor of any hackney coach or carriage, who does not intend to come upon and use the public stands with such hackney coach or carriage, shall, at the time of applying for a license for the same, state, in writ- OF HACKNEY COACHES AND CABS. 399 ing, to the Mayor, such iatention; and, thereupon, a spe- cial license may be granted, in the discretion of the Mayor, to such proprietor. 46. For every such special license granted by virtue ^ ^ G Sl' of the provisions of this chapter, shall be paid the sum of five dollars. 47. Every such license shall expire on the first Mon- Term ol S P- * J cial License. day of June next after the date thereof, and may be re- newed on application for such purpose. 48. No hackney coach or carriage, which shall be specially licensed, by virtue of the provisions of this chapter, UceDse - shall make use of, or come upon, or stand, or wait for em- ployment at any of the public stands, or at any other place in the city of New York, except upon the premises of the owner thereof, under a penalty of ten dollars for every such offense, to be recovered from the owner or driver thereof, severally and respectively. 49. The person or officer exercising the duties of the ibid, office of Superintendent of Hacks, shall, at -all reasonable times, have free access to such hackney coaches and car- riages, within the premises of their several proprietors, as shall be necessary to the performance of his duties, under a penalty of ten dollars upon each and every person who shall obstruct, disturb, or molest the said person or officer, whilst in the discharge of his duties as aforesaid. 50. The several provisions and penalties of article other proyis- ions applica- one, and of sections 12, 13 and 14, in article two of this *> Ie - chapter, shall, in all and every respect, apply to hackney coaches and carriages, which may be licensed, by virtue of the provisions of this article, and the owners and drivers thereof, severally and respectively. 400 OF HACKNEY COACHES AND CABS. ARTICLE VII. OP THE SUPERINTENDENCE OP HACKNEY COACHES AND CARRIAGES. 51. It shall be the duty of the person or officer exer- cising the duties appertaining to the office of Superinten- dent of Hacks, to visit the public stands, and all places where hackney coaches and carriages are permitted to stand; he shall have power and authority to order away from the stands, and from all other places, any hackney coach or carriage not provided with a number, or with lamps fixed up, lighted and numbered as hereinbefore re- quired; or not furnished with proper and suitable harness and horses; or, if the same, in his opinion, shall be impro- perly obstructing the way or street; or if the horses attach- ed thereto are unruly; or if the driver or person having charge of any such hackney coach or carriage is intoxica- ted, or in any manner misbehaves himself. orders of su- 52. If any person having charge of any such hackney coach or carriage, shall refuse or neglect to obey any such order of the said person or officer, he or they shall forfeit and pay for every such offense the sum often dollars, to be recovered from the owners or driver of every such hackney coach or carriage, severally and respectively. Duties or sn- 53. It shall be the duty of the said person or officer, to see that all the laws regulating hackney coaches and carriages, are, in every respect, complied with; and it is particularly enjoined upon the said person or officer, that he report all offenders thereof to the Attorney of the Cor- poration. Ibid> 54. The said person or officer, under the direction of the Mayor, shall determine the number of coaches or car- riages for any particular stand; and he shall also designate the coaches or carriages which shall wait for employment OP HACKNEY COACHES AXD CABS. 401 at any particular stand; and also, the proper boundaries and limits of every stand. ARTICLE VIII. OF CABS. 55. The several ordinances heretofore passed regula- cabs. ting cabs as distinct and separate from hackney coaches, shall be, and the same are, by effect hereof, at that time repealed. And all cabs shall hereafter be regulated, num- bered, licensed, and, in all respects, governed by the chap- ter relative to hackney coaches, provided, however, that the fee for license of a cab drawn by one horse only shall be no more than three dollars. 402 OP CITY RAILROAD CARS. CHAPTER XLI. OF THE LICENSING OF CITY RAILROAD PASSENGER CARS. License Fee. 1. Each and every passenger railroad car running in the city of New York below One hundred and twenty-fifth street, shall pay into the city treasury the sum of fifty dol- lars annually for a license, a certificate of such payment to be procured from the Mayor, except the small one horse passenger cars, which shall each pay the sum of twenty- five dollars annually for said license as aforesaid. 2. Each certificate of payment of license shall be affix- ed to some conspicuous place in the car that it may be inspected by the proper officers. 3. For every passenger car run upon any of the city railroads below One hundred and twenty-fifth street, with- out the proper certificate of license, the proprietor or pro- prietors thereof shall be subject to a penalty of fifty dol- lars, to be recovered by the Corporation Attorney, as in the case of other penalties, and for the benefit of the city treasury. OP PAWNBROKERS. 403 CHAPTER XLII. OF PAWNBROKERS, DEALERS IN SECOND-HAND ARTICLES AND- KEEPERS OF JUNK SHOPS. ARTICLE I. OF PAWNBROKERS. II. OF DEALERS IN SECOND-HAND ARTICLES. III. OF KEEPERS OF JUNK SHOPS. IV. OF GENERAL PROVISIONS. ARTICLE I. OF PAWNBROKERS. 1. The Mayor may. from time to time, arrant licenses Pawnbrokers under his hand and seal, to such persons as shall produce to him satisfactory evidence of their good character, to exercise or carry on the business of a pawnbroker. 2. Every person receiving such license, shall pay there- License Fee. for the sum of fifty dollars, for the use of the city. 3. Every person so licensed, shall, at the time of re- sureties. ceiving such license, enter, with two sufficient sureties, into ajoint and several recognizance to the Mayor, Aldermen and Commonalty of the city of New York, in the penalty of five hundred dollars, conditioned for the due observance of all such ordinances of the Common Council, as may be passed or in force respecting pawnbrokers, at any time during the continuance of such license. 4. Every pawnbroker shall keep a book, in which shall Record of things pawn be fairly written, at the time of each loan, an accurate cd - account and description of the goods, article or thing pawned, the amount of money loaned thereon, the time of pledging the same, the rate of interest to be paid on such 404 OP PAWXBEOKEKS. loan, and the name and residence of the person pawning or pledging the said goods, article or thing. 5. Every pawnbroker shall, at the time of each loafi, deliver to the person pawning or pledging any goods, ar- ticle or thing, a memorandum or note, signed by him or her, containing the substance of the entry required to be made in his or her book, by the last preceding section; and no charge shall be made or received by any pawnbroker, for any such entry, memorandum or note. &^wn a e r d -^- The sa ^ kook shall, at all reasonable times, be opened to the inspection of the Mayor, Recorder, Alder- men, Councilmen, and special justices for preserving the peace of the city of New York, or any or either of them; or of any person who shall be duly authorized in writing, for that purpose, by any or either of them, and who shall exhibit such written authority to such pawnbroker. Penalty. g 7. Every pawnbroker who shall violate or neglect, or refuse to comply with any or either of the provisions of the 4th, 5th or 6th sections of this chapter, shall, for every such offense, forfeit and pay the sum of twenty-five dollars. Kate ofinter- g. ^" pawnbroker shall ask, demand, or receive any greater rate of interest than twenty-five per cent, per annum, upon any loan not exceeding the sum of twenty- five dollars; or than seven per cent, per annum upon any loan exceeding the sum of twenty-five dollars, under the penalty of one hundred dollars for every such offense. kep d t g i year b 9 - ^ pawnbroker shall sell any pawn or pledge, until the same shall have remained one year in his or her posses- sion; and all such sales shall be at public auction, and not otherwise; and shall be made or conducted by such auc- tioneer as shall be approved of for that- purpose, by the Mayor of the city of New York. OF DEALERS IN SECOND HAND ARTICLES. 405 610. Notice of every such sale shall be published for at ?aie of things J pledged. least twelve days previous thereto, in one or more of the daily newspapers printed in the city of New York; and such notice shall specify the time and place at which such sale is to take place, the name of the auctioneer by whom the same is to be conducted, and a description of the goods or articles to be sold. 11. The surplus money, if any, arising from any such Ibi(L sale, after deducting the amount of the loan, the interest then due on the same, and the expenses of the advertise- ment and sale, shall be paid over by the pawnbroker to the person who would be entitled to redeem the pledge in case no such sale had taken place. 12. No pawnbroker shall make any loan on the sepa- g^ D s rate or divided part or parts of any one article or thing, and which article or thing shall have been offered entire or collectively, to him or her, by way of pawn or pledge. 13. No pawnbroker, shall, under any pretense what- Pawnbrokers not to pur- ever, purchase or buy any second hand furniture, metals chase - or clothes, or any other article or thing whatever, offered to him or her as a pawn or pledge. 14. Every pawnbroker who shall violate or neglect, Penan/. or refuse to comply with any or either of the provisions of the 8th, 9th, 10th, llth, 12th and 13th sections of this chapter, shall, for every such offense, forfeit and pay the sum of one hundred dollars. ARTICLE JI. OF DEALERS IN SECOND HAND ARTICLES. 15. The Mayor may, from time to time, grant licenses Licenses to inn second hand under his hand and seal, to such persons as shall produce dealers. to him satisfactory evidence of good character to exercise 406 OP DEALERS IN SECOND HAND ARTICLES. ^r carry on the business of dealing in the purchase and sale of second hand furniture, metal, clothes, or other arti- cles in the said city. 16. Every person receiving such license, shall pay therefor the sum of twenty-five dollars, for the use of the city. 17. Every 'person so licensed shall, at the time of re- ceiving such license, enter, with two sufficient sureties, into a joint and several recognizance, to the Mayor, Aldermen and Commonalty of the city of New York, in the penalty of five hundred dollars, conditioned for the due observance of all such ordinances of the Common Council as may be in force or passed, respecting dealers in second-hand arti- cles, at any time during the continuance of such license. 18 - Ever 3 r such dealer sha11 kee P a book > in shall be fairly written, at the time of the purchase of any article or thing, in the way of his or her business, an accu- rate account and description of the article or thing so purchased, the price paid therefor, the precise time of making such purchase, and the name and residence of the person from whom such purchase was made. Ibld - 19. The said book shall, at all reasonable times, be open to the inspection of the Mayor, Recorder, Aldermen, Councilmen, Police Justices and Superintendent of Police, of the city of New York, or any or either of them, or of any person who shall be duly authorized, in writing, for that purpose, by any or either of them, and who shall ex- hibit such written authority to such dealer. ponaiiy. 20. Every such dealer who shall violate or neglect, or refuse to comply with, any or either of the provisions of the 18th and 19th sections of this chapter, shall, for every such offense, forfeit and pay the sum of twenty-five dollars. OP KEEPERS OF JUNK SHOPS. 407 21. No article or thing, except wooden furniture, Things not to be sold with- which shall have been purchased by any such dealer in the ma month, way of his or her business, shall be sold or disposed of by such dealer until the expiration of one month after such purchase. 22. No such dealer shall receive any article by way Pledges and -of pledge or pawn, or shall purchase or buy, at private sale, of any one person, in one day, any article or articles exceeding in value the sum of fifty dollars. 23. Every such dealer who shall violate or neglect, or Penalty. refuse to comply with any or either of the provisions of the 21st and 22d sections of this chapter, shall, for every such offense, forfeit and pay the sum of one hundred dol- lars. ARTICLE III. OF KEEPERS OF JUNK SHOPS. 24. The Mayor may, from time to time, grant licenses Licenses. to such persons as shall procure the recommendation for that purpose, of the Police Justices, or General Superin- tendent of Police of the city of New York, to keep what .are commonly called junk shops, for the purchase and sale of junk, old rope, old iron, brass, copper, tin and lead, rags, slush and empty bottles. 25. Every person receiving such license, shall pay L : cense ree . therefor the sum of twenty dollars, for the use of the poor of the city. 2C>. Every person so licensed, shall, at the time of re- surety. ceiving such license, enter with one sufficient surety, into a joint and several recognizance to the Mayor, Aldermen and Commonalty of the city of New York, in the penal sum of two hundred and fifty dollars, conditioned for the due observance of such ordinances of the Common Coun- 408 PAWNBROKERS, SECOND HAND DEALERS, AND JUNK SHOPS. Purchasers and] Record of purchases. Ibid. Penalty. Place of Bu- oil, as may be passed or in force, respecting the keeping of junk shops, at any time during the continuance of such license. 27. No keeper of a junk shop shall buy or sell any coin of any description, or any article of gold or silver, or any wearing apparel ; or any article of household furni- ture, or any implement, tool or utensil, in a sound, unbro- ken or undamaged condition ; nor shall such keeper re- ceive, in the line of his business, any article or thing by way of pledge or pawn ; nor shall he or she loan or ad- vance any sum of money on the security of any such arti- cle or thing. 28. Every keeper of a junk shop shall provide and keep a book, in which shall be fairly written, at the time of every purchase, a description of the article so purchased, the name and residence of the person from whom such purchase was made, and the day and hour of such purchase. 29. Every such book shall, at all times, be open to the inspection of the Mayor, Aldermen, Councilmen and Police Justices, and Superintendent of Police of the city of New York, and each of them, or to any person who may be au- thorized for the purpose, in writing, by either of them, such person exhibiting to the said keeper his authority as afore- said. 30. Every such keeper of a junk shop, who shall vio- late or neglect, or refuse to comply with the foregoing provisions, or either of them, shall, for every such offense, forfeit and pay the sum of fifty dollars. ARTICLE IV. OF GENERAL PROVISIONS. 31. Every license to be granted to any dealer in second-hand articles, or keeper of a junk shop, shall desig- PAWNBROKERS, SECOND HAND DEALERS, AND JUNK SHOPS. 409 nate tlie house or place in which the person receiving such license shall be authorized to carry on such business. 32. Every such license shall continue in force until " c r e ^ n r the second Monday in May, next following the granting thereof, unless sooner revoked by the Mayor, and no longer. 33. On the renewal of every such license, the person Renewal 1 License. " receiving the same shall pay the same sum therefor, as is required to be paid on granting such license in the first instance. 34. No person shall use, exercise or carry on the trade License, or business of a dealer in second-hand articles, or of a keeper of a junk shop, without being specially licensed for such purpose as aforesaid, or shall carry on any such busi- ness at any other house or place than the one designated in such license, or shall continue to carry on such business after such license may have been revoked, under the penalty of fifty dollars for every such offense. 35. No dealer in second-hand articles, or keeper of a 0^?^ junk shop, shall purchase any goods, article or thing what- andothers - soever, from any minor, apprentice or servant, knowing, or having reason to believe him or her to be such, under the penalty of twenty-five dollars for every such offense. 36. No dealer in second-hand articles, or keeper of a Purchases al- ter sun-down junk shop, shall receive or purchase, in the way of his or her business, any goods, articles or thing whatsoever, from any person or persons whomsoever, between the setting of the sun and the hour of seven o'clock in the morning, under the penalty of twenty-five dollars for every such offense. 37. No dealer in second-hand articles shall deface, Defacing mutilate, take apart, or, in any way, alter, or permit to be defaced, mutilated, taken apart, or in any way altered, any article or thing which shall come into his or her pos- 27 410 PAWNBROKERS, SECOND HAND DEALERS, AND JUNK SHOPS. session, in the way of his or her business, but the same shall be sold, or offered for sale in the same form, state and condition in which it was when first received by him or her, under the penalty of one hundred dollars for every such offense. Goods adver- g 3g> If any goo ^ article or thing shall be advertised in any daily newspaper printed in the city of New York, as having been lost or stolen, and if the said goods, article or thing, or any such answering to the description of the goods, article or thing so advertised, or any part or por- tion thereof, shall then be, or thereafter come into the possession of any dealer in second-hand articles or keeper of a junk shop, he or she shall, forthwith, give informa- tion thereof in writing, at the office of the General Super- intendent of Police, and shall also state from whom the same were received under the penalty of two hundred and fifty dollars for every neglect or offense. Lo^t or stolen 39. Every dealer in second-hand articles, or keeper of a junk shop, who shall receive or be in possession of any goods, articles or things, which may have been lost or stolen, or alleged or supposed to have been lost or stolen, shall, forthwith, on a demand to view the same, present the same to the Mayor or Recorder, or any Alderman or Coun- cilman, or Police Justice, Superintendent of Police, or any policeman, who may be authorized by either of the above- mentioned officers or magistrates, to make such demand, under the penalty of two hundred and fifty dollars, for every neglect or refusal so to do. to & 40. No dealer in second-hand articles shall, during his Spjcul busi license as such, receive or hold a license to carry on the business of a pawnbroker or keeper of a junk shop; and, no keeper of a junk shop, shall, during his license as such, receive or hold a license to carry on the business of a pawnbroker, or of a dealer in second-hand articles. PAWNBROKERS, SECOND HAND DEALERS, AND JUNK SHOPS. 411 41. Every license granted, or to be granted, to any dealer in second-hand articles, or keeper of a junk shop, may be revoked by the Mayor, on satisfactory cause ap- pearing to him for so doing. 42. No person shall keep what is commonly called a Licenae - junk shop, for the purchase and sale of junk, rags, or old rope, old iron, brass, copper, tin, empty bottles, slush or lead; and no person shall draw or drive, or procure to be drawn or driven through the streets of this city, any hand- cart, wheel-barrow, or other carts or vehicles; and no per- son shall propel, or procure to be propelled through the waters of the city and county of New York, any boat, or other kind of vessel, for the purpose of collecting junk, rags, old rope, old iron, brass, copper, tin, empty bottles islush or lead, or deal in buying or selling either of such articles, without being first licensed by the Mayor for such purposes. 43. Every licensed keeper of a junk shop, for the pur- chase and sale of rags, old rope, old iron, brass, copper, empty bottles, tin, slush or lead, shall be entitled to keep one or more carts, wagons, or other vehicles ; one or more boats or other vessels, for the purpose of collecting old junk, rags, old rope, old iron, brass, copper, empty bottles, tin, slush or lead, in the city of New York, provided he or she shall, before using such carts, wagons, boats or other vessels, or causing the same to be used, cause to be painted on the outer side of such hand- carts, wheel-barrows, or other carts or vehicles, boats or vessels, his name, at length, the street and number of his place of business the number of his license in plain letters and figures, put on with paint, of not less than two and a half inches in length; and no person or persons except such as are regularly licensed for the purpose aforesaid, according to the provisions of this chapter, or persona in the employ of such licensed dealer, 412 PAWNBROKERS, SECOND HAND DEALERS, AND JUNK SHOPS. shall draw or drive, or procure to be drawn or driven, or propelled, any such hand-carts, wheel-barrows, carts, wagons, or other vehicles, boats, or other vessels. License for 44. A separate license shall be obtained, by the owner Vehicles and thereof, for each and every cart, wagon, or other vehicle, boat, or other vessel. 11)1(1 45. Every owner of a cart, wagon, or other vehicle, boat or other vessel, on receiving his or her license, shall pay for each and every cart, wagon, or other vehicle, boat or other vessel, to the Mayor of the city of New York, for the use of said city, the sura of ten dollars. E S?o?bui ^6. In case any person so licensed as aforesaid, shall remove his or her store, or place of business, from the place designated in said license, he or she shall immediately thereupon give notice thereof to the Mayor, and have the same indorsed upon such license, and the number of his or her place of business shall thereupon be changed on the sides of the vehicle or vessel used by such licensed dealer, and made to correspond with such change of store or place of business. inspector. 47. The Superintendent of Police, aided and assisted by such policemen as he may deem necessary, shall be the inspector of pawnbrokers, dealers in second-hand articles, junk shops and intelligence offices. penalties. 48. Whoever shall violate any of the provisions of the 2d, 3d and 4th articles of this chapter, shall be subject to the penalties prescribed in and by said article, or, in lieu thereof, shall be deemed guilty of a misdemeanor, and shall be punished, on conviction, pursuant to the provisions of sections twenty and twenty-one of an act relative to the powers of the Common Council of the city of New York, and the police and criminal courts of said city, passed by the Legislature of the State of New York, January 23d. OP INTELLIGENCE OFFICES. 413 CHAPTER XLIII. OF INTELLIGENCE OFFICES. 1. The Mayor of the city of New York, for the time being, shall, from time to time, issue licenses, under his liand and seal, to so many and such persons as he shall think proper, to keep intelligence offices in the said city, and shall have power to revoke all or any of the said licenses at pleasure. 2. Each license shall designate the house in which the Ibid - person licensed shall keep his office, and the number of such license, and shall continue and be in force until the first Tuesday of May next ensuing the date thereof, and no longer, unless sooner revoked by the Mayor. 3. Every person who may be licensed under and by LIcense Fee - virtue of the provisions of this chapter, shall pay to the Mayor, for the use of the city, the sum of twenty-five dol- lars, and for the renewal of any such license, the sum of twelve dollars and fifty cents. 4. No person shall keep any intelligence office in the None to keep city of New York, without having such license . as afore- cense - said, or after the same shall have been revoked, or shall have expired, or at any other house or place than is desig- nated in such license, under the penalty of fifty dollars for every such offense. 414 CONCERNING DOGS. CHAPTER XLIV. OP PROVISIONS CONCERNING DOGS. S2gaTSrge ! No dog shall hereafter be permitted to go abroad in any of the streets, squares, lanes, alleys or public places of this city, without being properly muzzled, or being led by a chain or string, under the penalty of ten dollars for each offense, to be recovered against the owner, possessor or person who harbored such dog, within three days pre- vious to the time of such dog being found so going abroad. And it shall be lawful for any person whosoever, to seize and kill any dog so running at large without being muz- zled or led by a chain or string. Killing dogs. g 2. The Mayor may, from time to time, and for such time as he shall think proper, appoint one or more suita- ble persons to kill and destroy all dogs found running loose or at large in the streets, roads, squares and public places of said city, unless they are properly muzzled. kfiiers d s 3. The persons so appointed shall receive the sum of two dollars per day, for each day they shall be so employ- ed, and shall make weekly returns to , the Mayor, of the number of dogs they may severally kill. 55f ufbemo 4. No person shall hinder or molest any person or per- lested. gong W ^ Q may j^ engaged in seizing and killing any dog> or in removing the carcass thereof, under the penalty of one hundred dollars lor each offense. Killing Dogs, g 5> The M avor j s hereby authorized, from time to time, and for such time as he may think proper, and under such regulations as he may prescribe, to pay, or cause to be paid CONCERNING DOGS. 415 to persons who shall not be regularly appointed to kill or destroy dogs, a sum not exceeding fifty cents for each dog found running loose or at large in the city, below Forty- second street, without being properly muzzled, and which may be killed or destroyed by them. 6. No part of this law shall apply to so much of the city as lies north of Forty-second street, to prevent dogs running at large between sunset and sunrise. 416 OP NUISANCES AND NOXIOUS THINGS AND PRACTICES. CHAPTER XLV. OF NUISANCES AND NOXIOUS THINGS AND PRACTICES. Made ground g j N made ground, or ground formerly covered with salt or stagnant water, within the city of New York, shall be turned up, or the surface thereof removed, at any time between the first day of June and the first day of October, in any year, unless by special permission of the Common Council, under the penalty of one hundred dollars for each offense. Nuisances on 2. No person shall have, make, use, or keep, in his or her premises, at any place in the city of New York, any noisome, offensive or unwholesome substance, or any vat, pit or pool of standing water, whether for tanners, skin- ners, dyers or other use, under the penalty of fifty dollars for each offense. Hides, biub- 3. No tanner, skinner or other person shall bring to, bor. &c or keep for the period of twenty-four hours, in any part of the city of New York, south of Fourteenth street, any undressed or uncurried hides, skins or leather, or any blubber or other materials whatever, for dressing the same, which may cause any noisome, offensive or unwhole- some smell, under the penalty of fifty dollars for each offense. Beekman's g ^ ^ ie preceding sections, two and three, of this chap- ter, shall not be construed to affect any vat or vats, pit or pits, in the place commonly called Beekman's Swamp, in the city of New York, which were made and erected on or before the 29th day of March, in the year of our Lord one thousand eio;ht hundred and six, OF NUISANCES AND NOXIOUS THINGS AND PRACTICES. 417 5. Every butcher or other person occupying any gj^ter slaughter-house or building, or who shall or may kill or slaughter in any slaughter-house or building in the city of New York, any animal, shall, on every day when any ani- mal may be so slaughtered or killed therein, cause the slaughter house and yard thereof, to be washed out and thoroughly cleansed, under the penalty of ten dollars for each neglect or refusal to comply with this section. 6. Every butcher or other person within this city, im- IWw that the two preceding sections are enforced. 8. No person shall leave exposed, or cast into any Doad horses - street, yard, lot, lane or other place within the city of New York, the carcass of any horse, under the penalty of twenty-five dollars for each offense. 9. No person shall cast or leave, or keep in or adjoin- unwhole- some things ing any street, lane, alley, avenue, square, public place, public road, or in any yard, lot, field or premises, in the city of New York, any bones, putrid, unsound, unwhole- some, or refuse meat or beef of any animal, whether salted or otherwise, or any unsound pork, fish, hides or skins of any kind, or horns ; or the whole or part of any dead ani- mals, or any other unsound, putrid or unwholesome sub- stances; or the offal, garbage or other offensive or useless 418 OF NUISANCES AND NOXIOUS THINGS AND PEACTICES. parts of any beeves, calves, sheep, hogs or other cattle, under the penalty of fifty dollars for every such offense. osui,c? r 10. There shall be designated and set apart, for the use of the City Inspector, two of the docks and slips of the city of New York; one on the East river, and the other on the North river; said docks and slips shall be under the sole control and direction of the City Inspector, and shall be used by him as a place of landing for such boats as may be required for the removal of the butchers 7 blood and offals, bones, dead animals and other refuse substances from the city. iSreSSring !! ^ sn iP> k at > or otner vessel, shall come in or lay mtl>&Cl at or within any of said docks or slips, designated as afore- said, unless by written permission of the City Inspector, under the penalty of twenty-five dollars for each offense, to be paid by the owner, master, or person having charge thereof, severally and respectively. lwd ' 12. The City Inspector may give such order or direc- tion as he may deem proper, directing the laying, fasten- ing or berth of any boat or vessel lying at or within said docks and slips, and may direct the same to be removed, from time to time, as he may deem just and proper, and for every neglect or refusal to comply with such order or direction, the owner, master, or person having charge of such boat or other vessel, shall forfeit and pay the sum of twenty-five dollars. carts for re- 13. The contractor or contractors for removing the moving car- casses &c. aforesaid dead animals, bones and other refuse substances, shall furnish, from time to time, a suitable number of carts, to be licensed, under the hand and seal of the City Inspec- tor, for the purpose of transporting and removing said dead animals, bones and other refuse substances in said OP NUISANCES AND NOXIOUS THINGS AND PRACTICES. 419 city; and no person shall transport or remove any dead animals, bones or refuse substances in said city, unless licensed as aforesaid, under the penalty of twenty-five dol- lars for each offense, to be recovered from the person or persons so removing, or the owner or owners of the vehicle used for that purpose, severally and respectively. 14. No dead animal shall be cast or thrown into East f n s ^ c h / s ;, or North rivers, or any water within the limits of the said intlleriver - city, but shall be removed by the person licensed as afore- said for that purpose, to the docks and slips of the City Inspector, under the penalty of twenty-five dollars for each offense. 15. No person or persons shall throw, cast or lay any Rowing cr- ashes, offal, vegetables, garbage, dross, cinders, shells, str eets. straw, shavings, dirt, filth, or rubbish of any kind what- ever, in any street, lane, alley, or public place in the city of New York. 16. The violation of any of the provisions of the pre- Penalty, ceding section shall be, and is hereby declared to be a misdemeanor, and shall be punishable by a fine of not less than one dollar, or more than ten dollars, or by imprison- ment in the city prison, for a term not less than one or more than five days. 17. It shall be the duty of the Superintendent of Sani- Enforcement tary Inspection and Street Cleaning and the Health War- f dens and Policemen of the said city to enforce the observ- ance of this chapter, and the punishment of any party or parties who may violate the same. 18. It is hereby declared to be the duty of the pro- oyster and prietor or possessor of any foundries, forges, blacksmiths' ^ shops, oyster stands, and other places for the sale of oys- ters or other shell fish, to employ carts, at their own ex- 420 OF NUISANCES AND NOXIOUS THINGS AND PRACTICES. pense, for the purpose of removing the several articles enumerated in the 15th section of this chapter, which may accumulate in their respective premises. Bunding rub- 19. The ov/nci* or builder of any house or other build- bish. ing which may be erecting or repairing in the city of New York, shall cause all the rubbish, of every kind, occa- sioned thereby, which may accumulate in the street, or be cast into the street, and all the ground, stone, sand and clay which may be dug from the cellar or yard, or area or vault, and cast into the street, to be removed out of the said street, before sunset on each day, under the penalty of five dollars for each day's neglect, to be recovered from the owner or builder, severally and respectively. 20. If any rubbish, ground, stone, sand, clay, shav- ings or other substance, shall be cast into the street, and shall not be removed, as required by the last section, it shall be lawful for the Superintendent of Sanitary Inspec- tion and Street Cleaning and the Health Warden in whose round the same may be, to cause the same to be removed. Ibid - 21. In addition to the penalty imposed by the 19th sec- tion, the person who has so incurred the same shall also pay to the said Superintendent of Sanitary Inspection and Street Cleaning and the Health Warden, in whose round the said rubbish or other substance may have been, for re- moving the same, double the usual and ordinary sum for the removal thereof, to be recovered in the name of the Mayor, Aldermen and Commonalty of the city of New York, with costs of suit, by the Attorney of the Corpora- tion, in any court having cognizance thereof. Ic^TnTca?' 22. ^ P erson shall sift or screen any lime, ashes, pet shaking, fa^ OJ . gan( ^ or g^^Q anv ca rpet, cloth or mat, in any street in the city of New York, or shall employ or suffer OF NUISANCES AND NOXIOUS THINGS AND PRACTICES. 421 or permit any person so to do, under the penalty of five dollars for every such offense. 23. No collector of ashes or other person shall unload Ash Carts> from any cart, wagon or other vehicle in any of the streets of the city of New York, any ashes, by dumping or starting the same in the street or on the sidewalk, under the penal- ty of ten dollars for each offense. 24. No cinders or coal ashes, of any description shall ^fashes 011 be laid or cast into any street, lane or alley in this city; but shall be delivered to the ash carts provided for the purpose of receiving the same, under the penalty of three dollars for each offense; to be paid by the occupant or occupants of the house or premises from which the same shall be cast, or the persons casting the same, severally and respectively. 25. All ashes or cinders shall be kept for the purpose ibid, of delivering the same to the ash carts, in vessels of tin, iron or other metal, under the penalty of one dollar for each offense. 26. No person shall throw or deposit anv water or Throwing out liquids . other liquid, in any part of any street, alley, lane or pub- lic place, except in the side gutter thereof, under the penalty of two dollars for every such offense. 27. It shall be the duty of every person, from whose Gutters J J J across Eide- kitchen or lot any water may pass into any street, across waits, the sidewalk, to cause the same to pass through a covered gutter under such sidewalk, and to keep such gutter at all times clear of ice and every other obstruction, so that the water shall pass freely through the same, without over- flowing or running upon the surface of the sidewalk, under the penalty of ten dollars for every day that such duty may be neglected. 422 OF NUISANCES AND NOXIOUS THINGS AND PEACTICES. SSSr n / LI' 28 - No person shall cast or throw, or suffer to run into any street, lane or alley in the city of New York, from his, her or their house, houses or premises, any stink- ing, noxious, impure, offensive or noisome water, or any substance or thing, in a liquid or flowing state, under the penalty of twenty-five dollars for each offense. water from 29. No brewer, distiller, dyer, soapmaker, or other mauufacto- ' ' ries, ac. person, shall cast, or throw, or suffer the water to run from his manufactory, shop, house or establishment, into any street, except between the hours of eight in the morning, and five o'clock in the afternoon, from the first day of De- cember, until the first day of April, in any year, under the penalty of twenty-five dollars for each offense. 30. The last preceding section shall not be construed to prevent the casting of water from any steam engine, at any time during the year, in the city of New York. niid. 39. Every person or corporation, violating, refusing, or failing to comply with the provisions of the thirty-eighth section of this chapter, shall, upon conviction thereof, be- fore any court of competent jurisdiction, be liable for every such offense, to a penalty of five hundred dollars ; and every person or persons engaged or employed in any such trade, or business or occupation, prohibited by the said section of this chapter, or violating the provisions thereof, or refusing or failing to comply with the same, shall, in ad- dition to said penalty, be considered guilty of a misde- meanor, and on conviction shall be subject to fine or im- prisonment, or both, at the discretion of the court. And it is made the especial duty of all magistrates and police officers to cause the arrest and detention of all persons guilty of violating the provisions of this chapter of the ordinances. ibid. 40. It shall be the duty of the City Inspector to^ascer- tain whether any such trade or business is carried on, or continued, or established within the limits aforesaid, and to cause notice, in writing, to be served upon the person, persons or corporation carrying on or continuing such trade or business, directing every such person, persons or OF NUISANCES AND NOXIOUS THINGS AND PRACTICES, 425 corporation to discontinue the said trade or business, and to cause all offensive or unwholesome materials or things appertaining to said trade or business, to be removed with- out the limits aforesaid, within forty-eight hours after the service thereof. 41. If the name of any such person shall be known to Bone boning, Skinning of the said City Inspector, the same shall be inserted therein, animals, &c. but if any such name be unknown to said City Inspector, it shall be sufficient, after diligent inquiry for the same, to direct such notice in the following manner: " To the per- son, persons or incorporation concerned in the carry- ing on, or continuance of the business of, (specifying the same) at (specifying the place of such business) and every of them," without any other name or addition, and such notice may be served by leaving the same with any person of suitable age and discretion, upon the premises where such trade or business is so carried on, or if the same be closed, or no person be found upon the premises, upon whom the same can be served, then by posting such notice in a conspicuous place upon such premises, and in case the person or persons to whom such notice is directed be known to the City Inspector, the said notice may be served, by leaving the same at the place of residence of such person, with any person of suitable age and dis- cretion. 42. If such trade or business, so carried on and conti- n>id - nued, shall not be discontinued by the time specified in such notice, and all offensive or unwholesome material and things appertaining thereto, removed from within the limits aforesaid, within the time aforesaid, it shall be the duty of the said City Inspector to cause the same to be done, and he shall have authority to do all things neces- order to shut up and discontinue such trade or 28 426 OF NUISANCES AND NOXIOUS THINGS AND PRACTICES. business peaceably, and to remove beyond the limits aforesaid, all such offensive or unwholesome material or things. 43. It shall be the duty of the City Inspector to pre- , &c. p are a statement, showing the expenses incurred in the execution of the last preceding fire sections, specifying the lot or lots whereon such trade or business has been so carried on or continued, and the name or names of the proprietor or proprietors, owner or owners of tne same, so far as the same may be ascertained, and such statement shall be filed in the office of the Street Commissioner, and such proceedings shall thereupon be taken for the collection of the amount of the sum so expended in carrying the said section into execution, as are provided or allowed by law. Removal of 44. In all cases when the City Inspector shall deem it advisable for the public health of said city, forthwith to remove any nuisance in said city, it shall be the duty of said City Inspector to cause the said nuisance forthwith to be abated or removed, at the expense of the owner or owners of any lot or premises upon which the same may exist. iwd. 45. It shall be the duty of such City Inspector forth- with, after the removal or abatement by him of any nuisance, to prepare a statement in writing, showing the ex- pense thereof, and specifying therein the lot or lots, or pre- mises upon which the same existed, and the name or names of the proprietor or proprietors, owner or owners of the same as far as the same may be ascertained, and particularly spe- cifying the expense of the removal or abatement of such nuisance, from each separate lot ; and such statement shall be filed in the office of the Street Commissioner; and such proceedings shall be thereupon taken for the collection of the amount of such expense, as are provided by law. OF NUISANCES AND NOXIOUS THINGS AND PRACTICES. 427 46. No person shall bring into the city of New York, oysters. or have in his, her, or their possession, in the said city, any oysters between the first day of May and the first day of September, in any year, under the penalty of five dollars for any quantity not exceeding one hundred, and t the further penalty of two dollars for every additional hundred. Provisions against certain Practices. 47. No person shall expose, in any of the streets, Games or Chance. lanes, avenues, or public places of the city of New York, any table or device of any kind whatever, upon or by which any game of chance or hazard can be played, or shall play at or upon any such table or device, under the penalty of twenty-five dollars for each offense. 48. No person shall, at any time, swim or" bathe in the Bathing, waters of the East and North rivers, adjacent to any ferry stairs, or to the Battery, in the city of New York, under the penalty of ten dollars for each offense. 49. No person shall swim or bathe in the waters of the n>w East and North rivers, between the hours of six o'clock in the forenoon and eight in the afternoon, at any place in the city of New York, exposed to view, lying south of Thirtieth street, under the* penalty of ten dollars for each offense. 50. No person shall raise or fly any kite in any Fiyingkues. street, lane or avenue, or public place in the city of New York, to the southward of Fourteenth street, under the penalty of five dollars for each offense. 51. No person shall place or post, or cause or permit Posting noti- ces of Quacks to be placed or posted in any street in the city of New &c - York, any handbill or advertisement, giving notice of any person having or professing to have skill in the treatment 428 OP NUISANCES AND NOXIOUS THINGS AND PRACTICES. or curing of any disorder or disease, or giving notice of the sale, or exposure to sale, of any nostrum or medicine, under the penalty of twenty-five dollars for every such offense. thefts! 11 52 - No d 7 er or scourer, or any other person, shall wash, rinse or cleanse, or cause or procure to be washed, rinsed or cleansed, any cloth, yarn or garment, in any street in the city of New York, under the penalty of ten dollars for each offense. ouwtKM4c.in 53. No dyer or scourer, or any other person shall iels ' place or suspend, or cause or procure to be placed or sus- pended, in or over any street in the city of New York, any cloth, yarn or garment, for the purpose of drying the same, under the penalty of ten dollars for each offense. Flying horses g 5^ -^ Q g rocer) inn-keeper, tavern-keeper, or any other person, shall have on his, her or their premises, or shall let, hire or use for public amusement, any flying horse or horses, or whirligig, or roundabout, or other similar ma- chinery or device, by whatever name it may be called, under the penalty of fifty dollars for each offense. Advertising 55. No person shall beat any drum or other instru- ment, or blow any horn or other instrument, for the pur- pose of attracting the attention of passengers, in any street in the city of New York, to any show of beasts or birds or other things in said city, under the penalty of ten dollars for each offense. 56. The owner or owners of any buildings or tenements in the city, below Fortieth street, are hereby required to provide a barrel, or tub, or box, of sufficient size to con- tain all the rubbish, coal ashes and garbage, that may ac- cumulate from day to day, on his or her premises, which OF NUISANCES AND NOXIOUS THINGS AND PRACTICES. 429 said barrel, tub, or box, shall be placed on the sidewalk Garbage bar- ' rels, &c. in front of each house or tenement, or such convenient spot as shall be designated by the Street Inspectors of the several Wards; and it shall be the duty of the owners or occupants of all houses, tenements, c., to put all their rubbish, coal ashes and garbage, into said barrels, tubs, or boxes, when so provided; and in case of negligence they shall be liable to a fine of one dollar for each offense. 430 OP CHARCOAL, FISH, VEGETABLE AND FRUIT WAGONS, AND CHAPTER XLYI. OF CHARCOAL, FISH, VEGETABLE AND FRUIT WAGONS, AND VENDERS OF BROOMS, WOODEN WARE AND KINDLING WOOD. General Reg- 1. No owner of, vender, or retailer of charcoal, fish, illations. fruit, vegetables, brooms, wooden ware or kindling wood, shall affix to, or suffer, or permit to be affixed to the cart, wagon or any other vehicle, owned by, or employed or used by him for the purpose of transporting, conveying in, or selling thereout, in the streets of the city of New York, charcoal, or fish, or fruit, or vegetables, or brooms, or wooden ware, or kindling wood, any bell, iron, steel, or other metal bar, or any other instrument, nor shall blow upon or use, or suffer or permit to be blown upon, any horn or other instrument for the purpose of giving notice of the approach of any cart, wagon or other vehicle, in order to sell thereout charcoal, fish, fruit, vegetables, brooms, wooden ware, or kindling wood, under the penalty of five dollars for each offense, to be sued for and recovered of the owner of, employer of, driver of, or persons having charge of such cart, wagon or other vehicle, or of the owner of such coal, fish, fruit, vegetables, brooms, wooden ware, or kindling wood, severally and respectively. | 2. The owner of, employer or driver of every cart wagon or other vehicle, used for the purpose of selling thereout charcoal, fish, fruit, vegetables, brooms, wooden ware or kindling wood authorized or permitted to be sold by law, shall, before the same be used for such purpose, have the same licensed by the Mayor of the city oi' New York, which license shall contain the number of the cart, wagon or vehicle, and the name of the owner, employer VENDERS OF BROOMS, WOODEN WARE AND KINDLING WOOD. 431 and driver thereof; the owner, employer or driver of each cart, wagon or other vehicle used for the purpose of selling thereout charcoal, brooms, wooden ware or kindling wood, shall, at the time such license is granted, pay to the said Mayor the sum of two dollars and fifty cents for the use of the city; and the owner, employer, or driver of each cart, wagon or other vehicle, used or employed for the purpose of selling thereout fish, fruit or vegetables autho- rized or permitted to be sold by law, shall, at the time such license is granted, pay to the said Mayor the sum of five dollars for the use of the city; said license shall be in force for one year, and shall be renewed at the expira- tion of each year, and upon the renewal thereof, such owner, employer or driver shall pay, as aforesaid, the sum of fifty cents to the Mayor, for the use of the city, as upon the original granting of the license. Each cart, wagon, or other vehicle, shall have the number of its license painted upon it in a conspicuous place, and the figures composing said number shall not be less than two and a half inches in length, and shall at all times be kept legible. 3. The owner of, employer or driver of any cart, Penalty, wagon or other vehicle, who shall employ or use the same, or suffer or permit the same to be employed or used, for any of the purposes above-mentioned, without having ob- tained a license therefor, as is above provided, shall for- feit and pay for each day such cart, wagon or other vehicle shall be so employed or used without license, the sum of fifty cents, and the like sum for neglecting or omitting to have the number painted upon bis cart, wagon or vehicle, in the manner directed by this chapter, to be sued for and recovered of the owner of, employer of, driver of, or person having charge of such cart, wagon, or other vehicle, Or of the owner of such coal, fish, fruit, vegetables, brooms, wooden ware or kindling wood, severally and respectively. 432 OF THE gALE AND MANUFACTURE OF BREAD. Exceptions as 4. Nothing herein contained shall be so construed as to Farmers, to prevent farmers and gardeners from bringing their pro- duce to the city for the purpose of vending and disposing of the same from wagons or other vehicles. 5. The Mayor is hereby authorized to grant licenses pursuant to the provisions above set forth. CHAPTER XLYIL OF THE SALE AND MANUFACTURE OF BREAD. HOW made 1. All bread baked and offered or exposed for sale in the city of New York, shall be made of good and whole- some flour and meal, and sold by avoirdupois weight. pemity. 2. If any baker or other person shall make for sale, offer or procure to be sold, any bread of any other than wholesome flour or meal, or shall sell the same contrary to the preceding section of this chapter, such person shall forfeit and pay the sum of ten dollars for every such offense. 3. All loaf-bread offered for sale in this city, not in conformity with the provisions of this chapter, shall be forfeited, and shall, and may be seized and disposed of for the use of the said city. OF SWINE, NEAT CATTLE, AND PUBLIC POUNDS. 433 CHAPTER XLVIII. OF SWINE AND NEAT CATTLE RUNNING AT LARGE, AND HEREIN OF PUBLIC POUNDS. 1. No neat cattle shall go at large in any of the streets, lanes, alleys, piers, wharves, or public places in the city of New York, within the lamp and watch district, nor any swine in any part of the city of New York, under the penalty of five dollars for every such swine or animal which shall be found at large, to be paid by the owner or person having charge, care or keeping thereof, severally and respectively. 2. There shall be appointed proper persons, as masters round mas- of the public pounds in the city of New York, who, before entering upon the duties of their office, shall take and subscribe an oath or affirmation, well and truly to execute the duties of their office. 3. The said pound-masters shall enter into bonds Found mas- ter's bonds, with two good and sufficient sureties, to be approved by the Comptroller, in the penal sum of five hundred dollars, conditioned for the faithful performance of the duties of their office. 4. All swine or neat cattle found at large in the city Regulation of * pounds. of New York, in violation of this chapter, may be taken by any person or persons, and driven or carried to such place as may have been designated by the Common Council as a public pound; and it shall be the duty of the pound-master or person having charge of such public pound, to enteran a book, to be kept by him for that purpose, the names and places of abode of all persons who may bring 434 OF SWINE, NEAT CATTLE, AND PUBLIC POUNDS. any such swine or neat cattle to such pound, and the time of bringing the same, respectively, and the said pound" master shall pay to the person bringing any such swine or neat cattle, to such pound, one dollar for each beast or animal so brought. pouud a s lionof 5- If tne owner of any such swine or neat cattle, or any other person entitled to redeem the same, shall appear and claim the same, at any time before a sale thereof, it shall be the duty of the pound-master to deliver the same on receiving the amount of his fees for keeping and feed- ing the same, not exceeding fifty cents for each beast for every twenty -four hours, and at that rate for any less period of time, together with such sum as he may have paid to the person who brought the said beast to the pound. Ibid. 6. It shall be the duty of the pound-master, on making any delivery of swine or neat cattle, before sale, or on payment of surplus money after sale, to obtain from the person or persons claiming the same, his, her or tieir name or names and residence; and once in each month to report to the Attorney of the Corporation, the same, and the name or names of all persons claiming swine or neat cat- tle, and their places of residence, the date when the same were left, when the same were sold or redeemed, and the names of the persons leaving the same at the pound. Ibid. 7. If no person shall appear to claim such swine or neat cattle, within five days after the same may have been impounded, it shall be the duty of the pound-master to give three days' notice of the sale thereof. 8. Such notice shall contain some general description of the beasts impounded, and shall be posted up in some conspicuous place at said public pound, and in the City Hall of the city of New York, and shall also be inserted OF SWINE, NEAT CATTLE, AND PUBLIC POUNDS. 435 in two or more of the public newspapers employed by the Common Council. 9. In case of the sale of any impounded swine or neat pond's 1011 of cattle, the said pound-master shall retain out of the pro- ceeds of such sale, sufficient to pay the amount of his fees, and all charges incurred by him on account of said swine or neat cattle. 10. If, after any such sale, and whilst the proceeds Ibid> thereof remain in the hands of the said pound-master, the former owner of any swine or neat cattle shall appear and claim the same, it shall be the duty of the said pound- master, to deduct from the proceeds of such sale, the fees and charges as provided in the last preceding section; to ascertain the name and residence of such owner, and to pay over the residue of the proceeds of such sale to the person so claiming to be the owner. 11. It shall be the duty of the said pound-master once pnd v&a- ter'd report. in every month to account to the Comptroller of the city of New York, for all moneys received or expended by him, by virtue of this chapter, and to pay over to the said Comptroller, all such moneys remaining in his hands, after deducting his legal fees and charges. 12. It shall be the duty of the persons exercising the Running or duties of keepers of the Park, the Batterv, and the Bow- 1>ublic ' giouiida. ling Green, and the Washington Parade Ground, to drive to the said public pound, all swine or neat cattle found at large by them, respectively, and to report all violations of the first section of this chapter, to the Attorney of the Corporation. 13. No person or persons shall have or keep in the Pi s sties, city of New York, in any pen or sty, more than three swine, at any one time, between the first day of May and 436 OF SWINE, NEAT CATTLE, AND PUBLIC POUNDS. pig sues. Exception. the last day of October in each year, under the penalty of five dollars for every swine above the aforesaid number. g ^ ^ji sw j ne j n the said city shall be kept in pens or sties, during the period mentioned in the 13th section of this chapter, which sties shall be properly and effectually cleaned at least once in every three days, under the penalty of five dollait, for each and every violation of either of the provisions of this section. 15. So much of the foregoing provisions as relates to swine, shall apply to the whole city of New York. 16 - The premises known as Nos. 81 and 83 New street, in the First Ward of the city of New York, are hereby designated as and for a public pound, and a pound- keeper is assigned therefor, without any compensation or salary to be paid by the Corporation. 17 ' There slia11 be established in the Twelfth Ward f tne city f New York, two public pounds, and also one other public pound in the Nineteenth Ward of said city, wherein shall be impounded all stray swine and cattle that shall be found at large in any of the streets, lanes, alleys, piers, wharves, or public places, or trespassing upon private grounds; and all such swine or cattle as shall be impounded shall be subject to the provisions set forth and prescribed by this chapter. - 1 - 8 * ^ ne P oun ^ S ^ ia ^ be located as near as possible to ^ ne intersection of Kingsbridge road and One hundred and sixtieth street ; and also one near the intersection of Seventh avenue and One hundred and twenty-third street. pound in 19. The public pound hereby authorized to be estab- Nincteenth J ward. lished in the Nineteenth Ward shall be located upon the grounds of the Corporation, at or near the corner of Fifth avenue and Eightieth street. Twemh n and war e ds? mh road. OF SWINE, NEAT CATTLE, AND PUBLIC POUNDS. 437 20. The premises known as the north east corner of Pound on One hundred One hundred and fiftieth street and Tenth avenue is here- a t nd t f "** Stir* I oj lulu by designated as and for a public pound, and a pound-keeper avenue - shall be assigned therefor, without any compensation or salary to be paid by the Corporation. 21. The premises known as the rear of lot on the Poun-nnone hundred and north west corner of One hundred and twenty-seventh twenty* v- enth -tre' t & street and Third avenue, is hereby designated as and for ^M avenue a public pound, and a pound-keeper shall be assigned therefor, without any compensation or salary to be paid by the Corporation. 22. The City Inspector of the city of New York is hereby empowered and directed to assume the control, direction and supervision of the public pounds, created by the two last preceding sections, and the said City Inspec- tor is also hereby further authorized and directed to cause the enforcement of all laws of the State and ordinances of the Common Council in relation to the public pounds in the said city of New York. 438 OF THE INTERMENT OF THE DEAD. CHAPTER XLXIX. OF THE INTERMENT OF THE DEAD. Regulation | 1. No person shall dig or open any grave, or cause for opening: Jthfctree 1 or P rocure an )' g rav e to be dug or opened in any bur) ing- ground, cemetery, or church-yard, or in any other part or place in the city of New York, south of Eighty-sixth street, or shall inter or deposit, or cause or procure to be interred or deposited in any such grave, or in any vault or tomb, except in private vaults and private cemeteries now existing, any dead body, within the limits aforesaid, under the penalty of two hundred and fifty dollars. - 2. No new cemetery or burying-ground shall hereafter ries prohibit- J ecl - be established in any part of the city and county of New York, and no person shall dig or open any grave, or cause or procure any grave to be dug or opened, in any such new cemetery or burying-ground, or shall inter or deposit, or cause to be interred or deposited, in any such grave, or in any vault or tomb, in any new cemetery or burying- ground, as aforesaid, any dead body, under the penalty of two hundred and fifty dollars for every such offense. {X e o!e!!?n n ^' -^ P erson shall inter any corpse in any vault or oTsbth Tee! g rave il1 tae ci1 T of New Yor k, north of the limits mentioned in the first section of this chapter, unless such vault or grave shall be at least six feet deep, and not less than six feet below the level of the adjacent streets, under the penalty of one hundred dollars for each offense. 4- ^ TO person shall remove, disturb or expose any dead body or coffin, that is now or may hereafter be in- OP THE INTEEMENT OF THE DEAD. 439 terred in any grave-yard in the city of New York, unless permission be first obtained from the Common Council, or as provided in this chapter, under the penalty of two hundred and fifty dollars for each offense, 5. Every sexton or person having charge of any vault or bury ing-ground, in the city of New York, shall, be- ald tween the hours of nine and two o'clock of Saturday in each week, make and deliver to the City Inspector, a re- turn of the persons buried in such vault or burying-ground, during the week, according to the form following: FORM. An accurate list of Interments in ihe Burial-ground belonging to , from the , to day of SEXTOX. MALES. FEMALES. AGE. PLACE OF RESIDENCE. ,G o a E a a S i^ Q Q S /: /: ^ ? "S I Date of y. 1 II Hi 4- Married Widows. Unniarri Month. i Number. 1 55 ll s 1 o M 6. No bell of any church shall be rung or tolled for Toning or any funeral, without the permission of the Common Coun- foriuiwiah. cil, under the penalty of twenty dollars, to be paid by the sexton or person having charge of the said church. 7. Any person who shall violate the provisions of penalt y section five of this chapter, shall forfeit and pay for every (Such offense the sum of twenty-five dollars. I 440 OP THE INTERMENT OP THE DEAD. 8 - Jt slm11 ke the dut y of the Cit y Inspector to fur- Sou*^ f n i sn the sextons and other persons having charge of any burying-ground or vault, with copies of the form set forth in section five of this chapter; and the said City Inspec- tor shall report to the Attorney of the Corporation, all violations of any or either of the provisions of this chap- ter. S?thout al c er- 9. No sexton or other person having charge of any place of interment in the city of New York, shall, under a penalty of two hundred and fifty dollars, inter, or permit to be interred, any dead body therein, without having first received a certificate, stating the name, apparent age, birth-place, date, and place of death, and the disease of which he or she shall have died, signed by the attending physician, or in case no physician shall have attended such deceased person, then by some of the family of the deceased, or in case of an inquest having been held, by the Coroner, which certificate shall be deposited with the return, in the office of the City Inspector. permission 10. No captain, agent or other person attached to bodies from any steamboat, ferry-boat, sailing or other vessel, or to any stage, railroad, or other conveyance, public or private, shall convey the body of any person who has died in the city of New York, beyond the limits of said city, with- out a permit from the City Inspector, under the penalty of two hundred dollars for each offense, to be collected from the person or persons so offending, severally and respect- ively. iwd. 11. It shall be the duty of the City Inspector to grant a permit for the removal of the body of any deceased person from the city, which has not been buried, upon re- ceiving a certificate of the death of said person ? made in OF THE INTEEMENT OP THE DEAD. 441 accordance with the provisions of section nine of this chapter. 12. In ordinary cases, the Mayor and City Inspector Permission^ are authorized to permit the removal of the remains of deceased persons from cemeteries or burial-places within the city ; but if there are any extraordinary circumstances in the case, they shall refer all applications made to them j on the subject, to the Common Council. 13. It shall be the duty of the City Inspector to grant a general permit to the sexton of St. Patrick's Cathedral, for the removal of dead bodies, to be interred in the new Roman Catholic Cemetery, in Newtown, Queens' County, Long Island, provided that the said sexton comply with the ninth section of this chapter ; and all captains, agents, or other persons attached to any steamboat, ferry-boat, sailing or other vessel, or to any stage, railroad or other conveyance, shall convey the said dead bodies so to be interred, upon the certificate of the said sexton. 29 442 OP POLICE COURTS AND OTHER COURTS. CHAPTER L. OP POLICE COURTS AND OTHER COURTS. SJtrtS of ^' ^ ie C ^ * s nere ky divided into four Districts, for Police Courts, as follows : The First District shall comprise the First, Second Third, Fourth, Fifth and Sixth Wards. The Second District shall comprise the Eighth, Ninth, Fifteenth and Sixteenth Wards. The Third District shall comprise the Seventh, Tenth, Eleventh, Thirteenth and Fourteenth Wards. The Fourth District shall comprise the Twelfth, Sev- enteenth and Eighteenth Wards. The Major's office, or a suitable portion thereof, shall be known and designated as part of the First District Police Court. Location of 2. In each of said districts there shall be a Police PoliceCourts. Court and office, and in the First District there shall be two Police Courts and offices. The Police Courts of the First District shall be held at the Halls of Justice in Centre street, and in the basement of the City Hall. The Police Court of the Second District shall be held at the Jefferson Market, Sixth avenue. The Police Court of the Third District shall be held at the Essex Market in Grand street. The Police Court of the Fourth District shall be held at the corner of Fourth avenue and Eighty-sixth street. OP POLICE COURTS AND OTHER COURTS. 443 3. The Mayor, Aldermen and Commonalty of the city ^gf^ 11 of New York, shall, from time to time, designate the Jus- tices and Clerks to be assigned to the various Police Courts. 4. During the months from April to September, both Regulation of inclusive, the said Police Offices shall be kept open every day ready for the transaction of business, from seven o'clock in the forenoon to seven o'clock in the afternoon. During the months from October to March, both inclusive, such offices shall be so kept open every day from eight o'clock in the forenoon to six o'clock in the afternoon. During such hours the magistrates and clerks shall attend in said offices for the discharge of their duties 5 and no extra compensation shall be allowed to them for attending on Sundays. 5. No political or public meeting shall be held in Political and public meet- any of the rooms assigned or occupied by the District or in s - Police Courts or as police offices or stations. 6. The magistrates of the several police offices in. JJJfJ^ 8 this city, are hereby directed to furnish to either party in- any matter pending before them, or either of them, a bill of the costs and fees charged in such matter, such bill to state particularly all items charged and the fees therefor. 7. The several Justices of District Courts of this rating list of city, and the clerks of the respective District Courts are requested to place correct written or printed lists in some conspicuous part of their several court rooms, of all fees, costs, or other charges to which the said Justices and clerks, or police officers or constables, or other officers of said courts may be legally entitled, whether the same be chargeable to complainant or defendant, and such list to state particularly the service and the fee allowed therefor. 444 OF POLICE COURTS AND OTHER COURTS. Delivery or 8. The Justices or clerks aforesaid, hereby are di- bill of costs. rected to deliver, when required, to either party to a suit in said courts, a bill of the costs charged to such party, specifying particularly the nature of the service performed, the officer by whom it may be performed, and the legal fees chargeable therefor. stationery. 9. The Comptroller shall not be authorized to al- low or audit any bills hereafter created, for any expendi- ture for any books, blanks or stationery for the use of the Superior Court, Supreme Court, Court of Common Pleas, Police Courts, Assistant Justices 7 Courts, or Marine Court, or the Justices or Clerks thereof, which shall be con- tracted for or purchased by said Justices and their clerks' but that all such books, blanks and stationery to be used by said courts and their clerks, shall be contracted for by the Comptroller, and the contractor therefor shall furnish the same to the said courts on a requisition from the jus- tices thereof, except that until such contract is made, the Comptroller may furnish such books, blanks and stationery as may be necessary for the immediate use of said courts, from such sources as he may think proper. city Prison & 10. The various "District Head Quarters " in the sev- Bndewell. eral Wards, together with the office of the Superintendent of Police, are hereb} r respectively declared to be portions of the City Prison and Bridewell, for the purpose of detain- ing persons arrested until they can be duly examined ac- cording to law. collecting 11. It shall be the duty of the clerks of the several Costs. District Courts, in the city of New York, to collect the costs of said court, to become due, to the Corporation from suitors in said courts, and they are authorized to pro- ceed by prosecution in all cases when it may be found neccssarv. OF POLICE COURTS AXD OTHER COURTS. 445 12. All moneys which shall be paid for fines imposed by the Police Courts or Justices, whether before or after commitment, shall hereafter be received by one of the clerks in the respective police offices, who shall, immediately upon the receipt of such moneys, enter an account of the same into a book to be denominated the " cash book," specify- ing the date when the fine was imposed, the name of the defendant, nature of the complaint, amount of fine and date of payment; and he shall, on the Tuesday succeeding the expiration of each week, pay into the Treasury all the moneys so received during the preceding week, and ac- count for the same, under oath or affirmation, to the Comp- troller. 13. It shall be the duty of the Police Justice of each ibid. .-district, to designate one of the clerks in their respective offices, to receive the moneys and keep the accounts, as provided in the preceding section; and the clerks so desig- nated shall perform such duties and be responsible for such moneys. 14. The Common Council of the city of New York, do Court. hereby designate the seal last used by the Marine Court of the city of New York, (and which, by law, has been out of use for a few years last past) as the seal of the said court, to be used in future, in pursuance of the tenth sec- tion of an act in relation to the Marine Court of the city of New York, passed April 17, 1852 and that the said seal be hereby furnished to the Clerk of the Marine Court, as the seal of the said Court. 15. The trustees of the Second District Police Court scrivener of Second Dis- are authorized to appoint a suitable person as scrivener, at trictCour t. a salary of eight hundred dollars per annum. 616. The office of scrivener is herebv created for the Fcrlvener f ' Third Dis- Third District Police Court, at a salary of one thousand dollars per annum. 446 OP CONSTABLES' BADGES. Badges. Ibid. Ibid. Ibid. Penalties. CHAPTER LI. OP CONSTABLES' BADGES. 1. All constables of the city of New York shall here- after, when on duty, wear a badge, as hereinafter provi- ded and designated. 2. The badge mentioned in the preceding section shall be made of German silver (plain,) bearing the words " Constable," and the number of the "Ward from which the constables respectively are elected, engraved thereon ; as " Constable, First Ward," " Constable, Second Ward," &c. ; the said badge to be round, and not to exceed two and a half inches in diameter. 3. The said badges shall be deposited with the Mayor, to be distributed by him to the constables of the various wards of the city. 4. The said badges shall be the exclusive property of the city of New York ; and when any constable or con- stables shall resign, or be removed by death or otherwise, or his term of office expire, the said badge or badges shall be returned to the Mayor, for his or their successor or successors. 5. Any person or persons, not constables, found wear- ing the said badge, shall be deemed guilty of a misde- meanor and shall be subject to imprisonment for a term not exceeding one year, or a fine of not less than two hun- dred and fifty dollars. OP CHIMNEY SWEEPERS. 447 CHAPTER LII. OP CHIMNEY SWEEPERS. 1. It shall be lawful for the Mayor of the said city Licenses. to grant licenses, under his hand and seal, to such persons as shall produce to him satisfactory evidence of their good character, to be sweepers of chimneys in the said city ; and each person so licensed, shall pay therefor the sum of three dollars. 2. Any person so licensed, may keep and employ so Apprentices f . and servants many boys, apprentices or servants to assist him in his said business, as he may think proper; provided they are com- fortably clad, and sufficiently provided with good and whole- some food, and not under eleven years of age. 3. The said boys, apprentices or servants, shall not be n>id. required, by their master or employer, to work before six o'clock in the forenoon, nor after four o'clock in the after- noon, during the winter season; nor before five o'clock in the forenoon, nor after six o'clock in the afternoon, during the residue of the year. 4. No person so licensed as aforesaid, shall employ m *- any boy under the age of eleven years, as a chimney sweeper, or shall omit or neglect to feed or clothe any of the boys, apprentices or servants in his employ, as above directed, or require or permit them, or any of them, to work at other hours than are above prescribed, under the penalty of five dollars, and the forfeiture of his license, for every such offense. 5. No person, without such license as aforesaid, or penalty, after the forfeiture thereof as aforesaid, shall carry on the 448 OF CHIMNEY SWEEPERS. business of a chimney sweeper, or shall suffer or permit any boy, apprentice or servant belonging to him or in his employ, to sweep any chimney in this city, under the pen- alty of five dollars. 6. Every person so licensed, shall be subject to all penalties that may be incurred by any chimney taking fire, within one month after having been swept by them respectively, or by any boy, apprentice or servant in their employ. ^ cense g rante d as aforesaid, shall be num- bered; and every person so licensed shall cause the boys, apprentices or servants in his employ, to wear a badge, upon which shall be inscribed the number of his license; and if any such boy, apprentice or servant shall at any time be found out of the house or premises of his master, or employer, and not wearing such badge, his said master or employer shall forfeit and pay the sum of two dollars. 8. The licensed chimney sweepers of the said city ney Sweeper s shall be authorized to demand and receive the following sums for each and every chimney swept by them, or by their boys, apprentices or servants respectively, that is to say: for every chimney from the uppermost floor of any house, twelve and a half cents; for every chimney from the next floor below, fifteen cents; for every chimney from the next floor below, eighteen cents; for every chim- ney from the next floor below, twenty-one cents; for every chimney from the next floor below, twenty-eight cents; for every chimney from the next floor below, thirty-seven and a half cents; and where a Franklin stove, coal grate or jack are used in any fire-place, twelve and a half cents may be demanded, and received in addition to the above- mentioned sums. OP CHIMNEY SWEEPERS. 449 9. It shall be lawful for the Mayor of the said city *SS$* of from time to time, to appoint one of the licensed chimney Swee P er3 - sweepers, to be called " The Inspector of Chimney Sweep- ers," who shall hold his office for the term of one year, subject, however, to removal by the said Mayor, and whose duty it shall be to see that this law be duly observed by the said licensed chimney sweepers and all others, and to report the names of offenders to the Attorney of the Cor- poration. 10. It shall be the duty of every sweeper of chimneys, licensed as aforesaid, to report to the Mayor the names of <> all persons employed by him for the purpose of sweeping chimneys, and also the names of all such as shall quit his -employment. And if any person so licensed shall neglect so to do for the space of one week, he shall forfeit and pay five dollars. 11. A register shall be kept in the Mayor's office, of Register of J Licenses. the name and place of residence of every person licensed as aforesaid. 12. The provisions of this chapter shall apply to Provision. those persons who use machinery in sweeping chimneys, for hire, as well as to those who sweep by other methods. 450 OF CORPORATION ADVERTISEMENTS. CHAPTER LIII. OF CORPORATION ADVERTISEMENTS. 1. Newspapers printed and published in the city of iy designated -^ ew York, shall be annually designated by the Common Council, in which to publish the official proceedings of each Board of the Common Council, all notices of propo- sitions before the Common Council, involving an assess- ment upon citizens, and for such period as the ordinances of the Common Council in the discretion of the particular department, shall prescribe, and all resolutions passed by the Common Council involving assessments. 2. There shall be published in said newspapers all notices of the Board of Supervisors, Board of Health, Commissioners of the Sinking Fund, the messages of the Mayor, and all notices of city and county officers required to be published by law or ordinance, which the said Boards or officers may deem it proper to publish, by virtue of their offices, the expense whereof is to be paid from the funds of the city, except the advertisements for the sale of property for taxes, and the redemption notices in re- lation to the same; and the proprietors of said newspa- pers shall agree to furnish, when required, affidavits of the due publication of any notices, ordinances, or advertise- ments, aforesaid, which are made necessary, or which they may deem are made necessary by law to be published. OF ELECTION DISTRICTS. 451 CHAPTER LIY. OF ELECTION DISTRICTS. 1. The twenty-two wards of the city of New York, (comprising seventeen Aldermanic Districts, as constituted Dlstncts - under the fiftieth section of the Amended Charter, passed April 14, 1857) shall be, and are hereby severally divided into election districts, the extent and limits of which said election districts shall be as follows, that is to say; 2. The First Ward shall be divided into five election nrstward. districts, the extent and limits of which said election districts shall be as follows: The first election district of the First Ward shall ^ret district, contain all that part of the city bounded by and lying within North, or Hudson river, Morris street, Whitehall street and the East river, in- cluding Governor's, Ellis' and Bedloes' Islands, in the bay, and belonging to the city, and within its jurisdiction. The second election district of the First Ward shall S c c ? nddi9 " contain all that part of the city bounded by and lying within the Hudson river, Rector, Greenwich and Thames streets, Broadway and Morris streets. The third election district of the First Ward shall rd distrlct contain all that part of the city bounded by and lying within Hudson river and Liberty street, Broadway, Thames, Greenwich and Rector streets. The fourth election district of the First Ward shall Fourth dl s- trict. contain all that part of the city bounded by and lying within corner of Broadway and Beaver 452 OP ELECTION DISTRICTS. street, through Broadway to Liberty street, Maiden lane, East river, Old slip and Beaver street to Broadway. Fiau district. The fifth election district of the First Ward shall con- tain all that part of the city bounded by and lying within Whitehall, Beaver street, Old slip and East river. SecondWard. g % The Second Ward ghall be divided into two e l ec . tion districts, the extent and limits of which said election districts shall be as follows : First district. The first election district of the Second Ward shall contain all that part of the city bounded by and lying within Broadway, Chatham, Spruce, Gold and Liberty streets. second dis- The second election district of the Second Ward shall *rict. contain all that part of the city bounded by and lying within Gold and Ferry streets, East river and Maiden lane. -.Third ward. 4. The Third Ward shall be divided into four election, districts, the extent and limits of which said election, districts shall be as follows : Tirst district. The first election district of the Third Ward shall contain all that part of the city bounded by and lying within Hudson river, Vesey street, Broad- way and Liberty street. -second dis- The second election district of the Third Ward shall trict. contain all that part of tlie city bounded by and lying within Hudson river, Robinson, Greenwich and Murray streets, Broadway and Vesey street. Third district The third election district of the Third Ward shall contain all that part of the city bounded by and lying within Hudson river, Chambers street, OP ELECTION DISTRICTS. 453- Broadway, Murray, Greenwich and Robinson streets. The fourth election district of the Third Ward shall Fourth dis- trict. contain all that part of the city bounded by and lying within Hudson rif er, Reade street, Broad- way and Chambers street. 5. The Fourth Ward shall be divided into five election FourthWarcu districts, the extent and limits of which said election dis- tricts shall be as follows: The first election district of the Fourth Ward shall ^t district, contain all that part of the city bounded by and lying within Chatham, Duane, Rose, Frankfort, and Dover streets, East river, Peck slip, Ferry, Gold and Spruce streets. The second election district of the Fourth Ward shall S nd di3 " ' contain all that part of the city bounded by and lying within Rose, Duane, Chatham, Roosevelt, Madison and Pearl streets, New Bowery and Frankfort streets. The third election district of the Fourth Ward shall Third distrlci contain all that part of the city bounded by and lying within New Bowery, Pearl, Madison and Roosevelt streets, East river and Dover street. The fourth election district of the Fourth Ward shall ? c u t rth <"*- contain all that part of the city bounded by and lying within Oak and Catharine streets, East river and Roosevelt street. The fifth election district of the Fourth Ward shall Fifth district, contain all that part of the city bounded by and lying within Roosevelt, Chatham, Catharine and Oak streets. 454 OF ELECTION DISTRICTS. Second dis- trict. Third district mail ward. 6. The Fifth Ward shall be divided into six election districts, the extent and limit of which said election dis- tricts shall be as follows : First district. The first election district of the Fifth Ward shall con- tain all that pfart of the city bounded by and lying within West Broadway, Franklin street, Broadway and Reade street. The second election district of the Fifth Ward shall contain all that part of the city bounded by and lying within Franklin, Yarick and Beach streets, West Broadway, Canal street and Broadway. The third election district of the Fifth Ward shall contain all that part of the city bounded by and lying within Hudson river, Harrison, Hudson and Worth streets, West Broadway and Reade street. The fourth election district of the Fifth Ward shall contain all that part of the city bounded by and lying within Hudson river, Beach, Hudson, North Moore, Varick and Franklin streets, West Broad- way, Worth, Hudson and Harrison streets. The fifth election district of the Fifth Ward shall con- tain all that part of the city bounded by and lying within Hudson river, Vestry, Hudson, Laight and Canal streets, West Broadway, Beach, Varick, North Moore, Hudson and Beach streets. sixth district. The sixth election district of the Fifth Ward shall contain all that part of the city bounded by and lying within Hudson river, Canal, Laight, Hudson and Vestry streets. sixth ward. 7. The Sixth Ward shall be divided into eight election districts, the extent and limit of which said election dis- tricts shall be as follows : Fourth dis- trict. OP ELECTION DISTRICTS. 455 The first election district of the Sixth Ward shall First district. contain all that part of the city bounded by and lying within Broadway, Chambers and Chatham streets. The second election district of the Sixth Ward shall gj nd shall contain all that part of the city bounded by and lying within Fortieth street, Lexington ave- nue, Thirty-fifth street, Fourth avenue, Thirty- fourth street and Sixth avenue. The sixth election district of the Twenty-first Ward ann district, shall contain all that part of the city bounded by and lying within Thirty-fifth street, East river, Thirty-second street and Fourth avenue. The seventh election district of the Twenty-first Ward S nthdis - shall contain all that part of the city bounded by and lying within Fortieth street, East river, Thir- ty-fifth street and Lexington avenue. 23. The Twenty-second Ward shall be divided into Twenty-sec- ond ward. eight election districts, the extent and limits of which said election districts shall be as follows : The first election district of the Twenty-second Ward First district, shall contain all that part of the city bounded by and lying within Forty-fourth street Sixth ave- nue, Fortieth street and Ninth avenue. The second election district of the Twenty-second g nd \r to the city, reserving the surplus (if any there shall be) for the future action of the Common Council. 7. All the provisions of the law heretofore passed, pledging the faith of the city of New York, and providing a sinking fund for the redemp- tion of the stock issued by virtue thereof, are hereby made applicable to the stock, which shall be issued in pursuance of this ordinance, as far as the same can be done. An Ordinance to create a public stock or fund, to be called " The Water Stock of the city of New York, of the year one thousand eight hundred and forty nine." (Passed December 9, 1850). Tke Mayor, Aldermen and Commonalty of the city of New York, in Com- mon Council convened, do ordain as follows: \ 1. A public stock or fund, to be called " The Water Stock of the city of New York, of the year one thousand eight hundred and forty- nine," shall be created for a loan not exceeding twenty-five thousand six hundred dollars, which shall bear an interest not to exceed five per cent, per annum, payable quarterly, and be redeemable in the year one thou- sand eight hundred and seventy-five. BUILDING LOAN STOCK NO. 3. 519 \ 2. The said stock shall consist of two hundred and fifty-six shares, ,nd the nominal value of each share shall be one hundred dollars. g 3. The Commissioners of the Sinking Fund are hereby authorized to sell and dispose of such shares at or above the par value thereof, either at public auction or private sale, or to raise the said sum by subscription for such stock, in the mode in which such stocks are usually subscribed for. \ 4. The Comptroller shall issue certificates of stock to the person or persons, company or companies, whose proposals shall have been accept- ed, provided the par value of such stock, together with any premium to be given therefor, shall have been deposited in the city treasury, for ac- count of " The Water stock of the city of New York, of the year one thousand eight hundred and forty-nine." I 5. The said certificates shall be made in conformity with the resolu- tion of the Common Council, passed on the seventh day of August, 1835, and shall be signed by the Comptroller, and countersigned by the Mayor. \ 6. The moneys to be raised by virtue of this ordinance shall be ap- plied and expended to and for the purpose of increasing the supply of water in the city of New York ; in the first place, exclusively for the laying of new mains from the Receiving Reservoir to the city, reserving the surplus (if any there shall be) for the future action of the Common Council. \ 7. All the provisions of the law heretofore passed, pledging the faith of the city of New York, and providing a sinking fund for the redemp- tion of the stock issued by virtue thereof, are hereby made applicable to the stock which shall be issued in pursuance of this ordinance, as far as the same can be done. Of " Building Loan Stock No. 3." An Ordinance to create a public fund or stock, to be called " Building Loan Stock No. 3." (Passed August 9, 1850). The Mayor, Aldermen and Commonalty of the City of New York, in Com- mon Council convened, do ordain as follows.- \ 1. A public fund or stock, to be called " Building Loan Stock No. -3," shall be created for a loan not exceeding fifty thousand dollars, which 520 BUILDING LOAN STOCK NO. 3. shall bear an interest not exceeding five per cent, per annum, payable quarterly, and shall be redeemable on the first day of November, in the year 1870. 2. The said stock shall consist of five hundred shares, and the nomi- nal value of each share shall be one hundred dollars. g 3. The Commissioners of the Sinking Fund are hereby authorized to advertise for proposals for the whole or any portion of said stock, and determine which and what proportion of such proposals shall be ac- cepted. 4. The Comptroller shall issue certificates of stock to the person or persons, company or companies, whose proposals shall have been accept- ed, provided the par value of such stock, together with any premium to be given therefor, shall have been deposited into the city treasury, for the account of " Building Loan Stock No. 3." g 5. The said certificates shall be made in conformity with the resolu- tion of the Common Council, passed on the seventh day of August, 1835, and shall be signed by the Comptroller, and countersigned by the Mayor. 6. The money so to be raised by virtue of this ordinance, shall be applied to, and expended for, the purpose of " building, or erecting a work-house building or buildings," and the Comptroller shall keep a separate and distinct account of such moneys received and paid on ac- count of said stock and buildings. 7. The provisions of an ordinance entitled "An ordinance provid- ing for the redemption of the City Debt, and the payment of interest thereon," approved by the Mayor, February 22, 1844, as far as the same can be applied to the stock hereby created, shall be applicable to the same. An Ordinance to create a public fond or stock, to be called " Building Loan Stock No. 3." (Passed April 21, 1852). The Mayor, Aldermen and Commonalty of the City of New York in Com- mon Council convened, do ordain as follows . gl. A public fund or stock, to be called " Building Loan Stock No. 3," shall be created for a loan not exceeding twenty-five thousand dol- lars, which shall bear an interest not exceeding five per cent, per annum, PUBLIC BUILDING STOCK NO. 3. 521 payable quarterly, and shall be redeemable on the first day of November, in the year 1870. g 2. The said stock shall consist of two hundred and fifty shares, and the nominal value of each share shall be one hundred dollars. $ 3. The Commissioners of the Sinking Fund are hereby authorized to advertise for proposals for the whole or any portion of said stock, and determine which and what proportion of such proposals shall be ac- cepted. \ 4. The Comptroller shall issue certificates of stock to the person or persons, company or companies, whose proposals shall have been accept- ed, provided the par value of such stock, together with any premium to be given therefor, shall have been deposited into the city treasury, for the account of " Building Loan Stock No. 3." \ 5. The said certificates shall be made in conformity with the resolu- tion of the Common Council, passed on the seventh day of August, 1835, and shall be signed by the Comptroller, and countersigned by the Mayor. \ 6. The money so to be raised by virtue of this ordinance, shall be applied to, and expended for, the purpose of " building, or erecting a work-house building or buildings," and the Comptroller shall keep a separate and distinct account of such moneys received and paid on ac- count of said stock and buildings. g 7. The provisions of an ordinance entitled " An ordinance providing for the redemption of the City Debt, and the payment of interest there- on," approved by the Mayor, February 22, 1844, as far as the same can be applied to the stock hereby created, shall be applicable to the same. Of "Public Building Stock No. 3." An Ordinance to create a public fund or stock to be called " Public Building Stock No. 3." (Passed August 14, 1851). The Mayor, Aldermen and Commonalty of the City of New York in Com- mon Council convened, do ordain as follows.' $ 1 . A public fund or stock, to be called " Public Building Stock No. 3," shall be created for a loan of one hundred and fifty thousand dollars, which shall bear an interest not exceeding five per centum per annum, 34 522 PUBLIC BUILDING SIOCK NO. 3 payable quarter yearly, and be redeemable as follows : Fifty thousand dollars on the first day of November, 1857 ; and fifty thousand dollars on the first day of November, 1858 ; and fifty thousand dollars on the first day of November, 1859. 2. The said stock shall consist of one thousand five hundred shares, and the nominal value of each share shall be one hundred dollars. 3. The Comptroller is hereby authorized to advertise for proposals for the said stock. The proposals so to be received shall be opened in the presence of the Finance Committees of both Boards, and the Comp- troller shall determine which and what proportions of such proposals shall be accepted. \ 4. The Comptroller shall issue certificates of stock to the person or persons, company or companies, whose proposals shall have been accept- ed, provided the par value of such stock, together with any premiums to be given therefor, shall have been deposited into the city treasury for the account of" Public Building Stock No. 3." 5. The said certificates shall be made in conformity with the resolu- tion of the Common Council, passed on the seventh day of August' 1835, shall be signed by the Comptroller, and countersigned by the Mayor. $6. The money to be loaned by virtue of this ordinance shall be ap- plied to the reimbursing the city treasury the amount expended there- from, for the erection of public buildings for the city of New York, and to the erection of such additional public buildings as may be required for the use of said city. 1 7. The provision of the ordinance entitled " An ordinance provid- ing for the redemption of the City Debt and the payment of interest thereon," approved by the Mayor, February 22, 1844, so far as the same can be applied to the stock hereby created, shall be applied to the same. An Ordinance to create a public fund or stock to be called " Public Building Stock No. 3." (Passed May 20, 1852). The Mayor, Aldermen and Commonalty of the city of New York, in Com- mon Council convened, do ordain as follows : 2 1. A public fund or stock, to be called " Public Building Stock No. 3," shall be created for a loan of one hundred and fifty thousand dollars, which shall bear an interest not exceeding five percent, per annum, pay- PUBLIC BUILDING STOCK NO. 3. 523 quarter yearly, and be redeemable as follows : Fifty thousand dol- lars on the first day of November, 1860 ; fifty thousand dollars on the first day of November, 1861, and fifty thousand dollars on the first day of November, 1862. | 2. The said stock shall consist of one thousand five hundred shares, and the nominal value of each share shall be one hundred dollars. 3. The Comptroller is hereby authorized to advertise for proposals for the said stock ; the proposals so to be received, shall be opened in the presence of the Finance Committees of both Boaids and the Comp- troller, who shall determine which and what proportions of such propo- sals shall be accepted. g 4. The Comptroller shall issue certificates of stock to the person or persons, company or companies, whose proposals shall have been accept- ed, provided the par value of such stock, together with any premiums to be given therefor, shall have been deposited in the city treasury for the -account of " Public Building Stock No. 3." 5. The said certificates shall be made in conformity with the resolu- tion of the Common Council, passed on the seventh day of August, 1835, and shall be signed by the Comptroller, and countersigned by the Mayor. 6. The money to be loaned by virtue of this ordinance shall be ap- plied to the reimbursing the city treasury the amount expended there- from, for the erection of public buildings for the city of New York, and to the erection of such additional buildings as may be required for the use of said city. 7. The provision of the ordinance entitled " An ordinance providing for the redemption of the City Debt, and the payment of interest there- on," approved by the Mayor, February 22, 1844, so far as the same can be applied to the stock hereby created, shall be applied to the same. An Ordinance to create a public fund or stock, to be called " Public Building Stock No. 3." (Passed September 26, 1854). TJie Mayor, Aldermen and Commonalty of the city of New York in Com- mon Council convened, do ordain as follows: 1. A public fund or stock, to be called " Public Building Stock No. 3," shall be created for a loan of one hundred thousand dollars ($100,000), which shall bear an interest not exceeding five per centum per annum, 524 PUBLIC BUILDING STOCK NO. 3. payable quarter yearly, and redeemable as follows : Fifty thousand dol- lars on the first, day of November, 1863, and fifty thousand dollars on the first day of November, 1864. I 2. The stock shall consist of one thousand shares, and the nominal value of each share shall be one hundred dollars. $ 3. The Comptroller is hereby authorized to advertise for proposals for the said stock ; the proposals so to be received shall be opened in the presence of the Commissioners of the Sinking Fund, who shall determine which and what proportions of such proposals shall be accepted. $ 4. The Comptroller shall issue certificates of stock to the person or persons, company or companies, whose proposals shall have been accept- ed, provided the par value of such stock, together with any premiums to be given therefor, shall have been deposited in the city treasury for the account of " Public Building Stock No. 3." | 5. The said certificates shall be made in conformity with the resolu- tion of the Common Council, passed on the seventh day of August, one thousand eight hundred and thirty-five, and shall be signed by the Comp- troller and countersigned by the Mayor. * 6. The money to be raised by virtue of this ordinance shall be ap- plied to the reimbursing the city treasury the amount expended there- from for the erection of public buildings for the city of New York, and to the erection of such additional buildings as may be required for the use of said city. g 7. The provisions of the ordinance entitled " An ordinance providing for the redemption of the City Debt, and the payment of interest there- on ;" approved by the Mayor, February 22, 1844, so far as the same can apply to the stock hereby created, shall be applicable to the same. An Ordinance to create a public fund or stock, to be called " Public Building Stock No. 3." (Passed April 13, 1855). Ihe Mayor, Aldermen and Commonalty of the city of New York in Com- mon Council convened, do ordain as follows \ 1. A public fund or stock, to be called " Public Building Stock No. 3," shall be created for a loan of one hundred thousand dollars, which shall bear an interest not exceeding five per cent, per annum, payable quarter yearly, and redeemable as follows : Fifty thousand dollars on the FIVE PER CENT. STOCK FOR DOCKS AND SLIPS. 525 first day of November, 1865, and fifty thousand dollars on the first day of November, 1866. \ 2. The said stock shall consist of one thousand shares, and the nomi- nal value of each share shall be one hundred dollars. | 3. The Comptroller is hereby authorized to advertise for proposals for the said stock ; tne proposals so to be received shall be opened in the presence of the Commissioners of the Sinking Fund, who shall determine which and what proportions of such proposals shall be accepted. 4. The Comptroller shall issue certificates of stock to the person or persons, company or companies, whose proposals shall have been accept- ed, provided the par value of such stock, together with any premium to te given therefor, shall have been deposited in the city treasury, for the account of " Public Building Stock No. 3." 5. The certificates shall be made in conformity with the resolution of the Common Council, passed on the seventh day of August, 1835, and shall be signed by the Comptroller, and countersigned by the Mayor. g 6. The money to be raised by virtue of this ordinance, shall be ap- plied to the reimbursing the city treasury, the amount expended there- from, for the erection of public buildings for the Corporation of the city of New York, and to the erection of such additional buildings as may be required for the use of said Corporation. 7. The provisions of the ordinance entitled " An ordinance providing for the redemption of the City Debt, and payment of interest thereon," approved by the Mayor, February 22, 1844; so far as the same can ap- ply to the stock hereby created, shall be applicable to the same. -Of " The New York City Five per cent. Stock for Docks and Slips." An Ordinance to create a public stock or fund, to be called " The New York City Five per cent. Stock, for Docks and Slips." (Passed August 14, 1851.) The Mayor, Aldermen and Commonalty of the city of New York, in Com- mon Council convened, do ordain as follows : 1 . A public fund or stock, to be called " The New York City Five per cent. Stock, for Docks and Slips," shall be created, for a loan of three hundred thousand dollars, which shall bear an interest not exceed- 526 FIVE PER CENT. STOCK FOB DOCKS AND SLIPS. ing five per cent, per annum, payable quarterly, and redeemable as follows: fifty thousand dollars on the 1st day of November, 1867, fifty thousand dollars on the 1st day of November, 1868, fifty thousand dol- lars on the 1st day of November, 1869, fifty thousand dollars on the 1st day of November, 1870, fifty thousand dollars on the 1st day of Novem- ber, 1871, and fifty thousand dollars on the 1st day of November, 1872. I 2. The said stock shall consist of three thousand shares, and the nominal value of each share shall be one hundred dollars. $ 3. The Comptroller is hereby authorized to advertise for proposals for the said stock. The proposals so to be received, shall be opened in the presence of the Finance Committees of both Boards, and the Comp- troller shall determine which, and what proportion of such proposals- shall be accepted. 4. The Comptroller shall issue certificates of stock to the person or persons, company or companies, whose proposals shall have been accepted provided the par value of such stock, together with any premium to be given therefor, shall have been deposited into the city treasury, for the account of " The New York City Five per cent. Stock for Docks and Slips." $ 5. The said certificates shall be made in conformity with the reso- lution of the Common Council, passed on the seventh day of August^ 1835, and shall be signed by the Comptroller, and countersigned by the- Mayor. $ 6. The money to be loaned by virtue of this ordinance shall be ap- plied to, and expended for, the purpose of building and repairing public docks and slips in the city of New York. | 7. The provisions of an ordinance entitled " An ordinance providing for the redemption of the city debt, and the payment of the interest, thereon," approved by the Mayor, February 22d, 1844, so far as the- sarae can be applied to the stock hereby created, shall be applied to the same. An Ordinance to create a public stock, or fund, to be called " The New York City Five per cent. Stock for Docks and Slips." (Passed May 20, 1852.) The Mayor, Aldermen and Commonalty of the city of New York, in Com- mon Council convened, do ordain as follows : \ 1. A public fund, or stock, to be called " The New York City Five- BUILDING LOAN STOCK NO. 4. 527 per cent. Stock for Docks and Slips," shall be created for a loan of two hundred thousand dollars, which shall bear an interest, not exceeding five per cent, per annum, payable quarter-yearly, and redeemable as follows : fifty thousand dollars on the first day of November, 1873; fifty thousand dollars on the first day of November, 1874; fifty thousand dol- lars on the first day of November, 1875, and fifty thousand dollars on the first day of November, 1876. I 2. The Comptroller is hereby authorized to advertise for proposals for said stock. The proposals, so to be received, shall be opened in the presence of the Finance Committees of both Boards and the Comptroller, who shall determine which and what proportion of such proposals shall be accepted. 3. The said stock shall consist of two thousand shares, and the nominal value of each share shall be one hundred dollars. $ 4. The Comptroller shall issue certificates of stock to the person or persons, company or companies, whose proposals shall have been accepted, provided the par value of such stock, together with any premium to be given therefor, shall have been deposited with the City Treasurer, for the account of " The New York Five per cent. Stock for Docks and Slips," 5. The said certificates shall be made in conformity with the reso- lution of the Common Council, passed on the 7th day of August, 1835, and shall be signed by the Comptroller, and countersigned by the Mayor. g 6. The money to be loaned by virtue of this ordinance shall be ap- plied to, and expended for, the purpose of building and repairing docks and slips in the city of New York. g 7. The provision of the ordinance entitled " An ordinance providing for the redemption of the city debt, and the payment of interest thereon,' 1 approved by the Mayor, February 22, 1844, so far as the same can be applied to the stock hereby created, shall be applied to the same. Of "Building Loan Stock No. 4." An Ordinance to create a public stock, or fund, to be called " Building Loan Stock No. 4." (Fused May 12, 1853.) The Mayor, Aldermen and Commonalty of the city of New York, in Com- mon Council convened, do ordain as follows: 1 1. A public stock, or fund, to be called " Building Loan Stock No. 4," 528 BUILDING LOAN STOCK NO. 4. shall be created, for a loan not exceeding seventy-five thousand dollars, which shall bear an interest not exceeding six per cent, per annum, payable quarterly, and shall be redeemable on the first day of Novem- ber, 1873. $ 2. The said stock shall consist of seven hundred and fifty shares ; the nominal value of each share shall be one hundred dollars. g 3. The Commissioners of the Sinking Fund are hereby authorized to advertise for proposals for the whole or any portion of said stock, and determine which and what proportions of such proposals shall be accepted. $ 4. The Comptroller shall issue certificates of stock to the person or persons, company or companies, whose proposals shall have been ac- cepted, provided the par value of such stock, together with any premium to be given therefor, shall have been deposited in the city treasury, for the account of " Building Loan Stock No. 4." " g 5. The said certificates shall be made in conformity with the resolu- tion of the Common Council, passed on the 7th day of August, 1835, and shall be signed by the Comptroller and countersigned by the Mayor. g 6. The money to be raised by virtue of this ordinance shall be ap- plied to, and expended for, the purpose of building or erecting the south wing of the new work-house on BlackwelPs Island, and the Comptroller shall keep a separate and distinct account of such moneys received and paid on account of said stock and building. g 7. The provisions of the ordinance entitled "An ordinance provid- ing for the redemption of the city debt, and payment of interest thereon," approved by the Mayor, February 22d, 1844, so far as the same can apply to the stock hereby created, shall be applicable to the same. An Ordinance to create a public stock or fund, to be called " Building Loan Stock No. 4." The Mayor, Aldermen and Commonalty of the City of New York in Com- mon Council convened, do ordain as follows . \ 1. A public fund or stock, to be called "Building Loan Stock No. 4," shall be created for a loan not exceeding forty thousand dollars, which shall bear an interest not exceeding five per cent, per annum, payable quarter-yearly, and shall be redeemable on the first day of November, 1873. THE PUBLIC EDUCATION STOCK FOR 1853. 529 2. The said stock shall consist of four hundred shares, the nominal value of each share shall be one hundred dollars. 3. The Comptroller is hereby authorized to advertise for proposals for the said stock ; the proposals so to be received, shall be opened in the presence of the Commissioners of the Sinking Fund, who shall deter- mine, which and what proportions of 'such proposals shall be accepted. 4. The Comptroller shall issue certificates of stock to the person or persons, company or companies, whose proposals shall have been ac- cepted ; provided, the par value of such stock, together with any pre- mium to be given therefor, shall have been deposited in the City Trea- sury for the account of " Building Loan Stock No. 4." I 5. The said certificates shall be made in conformity with the resolu- tion of the Common Council, passed on the seventh day of August, one thousand eight hundred and thirty-five, and shall be signed by the Comp- troller, and be countersigned by the Mayor. | G. The money to be raised by virtue of this ordinance shall be ap- plied to, and expended for, the purpose of completing the south wing of the work-house building on Blackwell's Island. 7. The provisions of the ordinance, entitled "An ordinance provid- ing for the redemption of the City Debt, and the payment of interest thereon," approved by the Mayor, February 22, 1844, so far as the same can apply to the stock hereby created, shall be applicable to the same. Of " The Public Education Stock for the year one thousand eight hundred and fifty-three. 1 ' An Ordinance to create a public stock or fund, to be called " The Public Education Stock of the city of New York for the year one thou- sand eight hundred and fifty-three." (Passed March 9, 1854). TJie Mayor, Aldermen and Commonalty of the city of New York, in Com- mon Council convened, do ordain as follows: 1 1. A public stock or fund, to be called " The Public Education Stock of the city of New York, for the year one thousand eight hun- dred and fifty-three," shall be created for a loan not exceeding one hun- dred and fifty-four thousand dollars, which shall bear an interest of five per cent, per annum, and shall be redeemable on the first day of May, one thousand eight hundred and seventy-three. I 580 OF THE CENTRAL PARK FUND. I 2. The said stock shall consist of one thousand five hundred and forty shares; the nominal value of each share shall bo one hundred dollars. | 3. The Commissioners of the Sinking Fund are hereby authorized to advertise for proposals for the whole or any portion of said stock, and determine which, and what proportions of such proposals shall be accepted. \ 4. The Comptroller shall issue certificates of stock to the person or persons, company or companies, whose proposals shall have been accept- ed, provided the par value of such stock, together with any premium to be given therefor, shall have been deposited into the city treasury for the account of " Public Education Stock of the city of New York, of the year one thousand eight hundred and fifty-three." | 5. The said certificates shall be made in conformity with the resolu- tion of the Common Council, passed on the seventh day of August, 1835, and shall be signed by the Comptroller, and countersigned by the Mayor. \ 6. The moneys to be raised by virtue of this ordinance shall be ap- plied and expended for the purpose of paying and discharging all the debts of the Public School Society, as certified by the Board of Super- visors, and filed with the Comptroller of the city. $ 7. The provisions of the ordinance, entitled " An ordinance provid- ing for the redemption of the city debt, and the payment of interest thereon," approved by the Mayor, February 22, 1844, as far as the same can be applied to the stock hereby created, shall be applicable to the same. Of " The Central Park Fund." An Ordinance to create funds for the payment of the public place en- titled " The Central Park." (Passed February 29, 1856). The Mayor, Aldermen and Commonalty of the city of New York, in Com- mon Council convened, do ordain as follows: \ 1. So much of that piece or parcel of land bounded southerly by Fifty-ninth street ; easterly by the Fifth avenue ; northerly by One hun- dred and sixth street, and westerly by the Eighth avenue, as is specially described or referred to in the order for the confirmation of the proceed- ings of the Commissioners of Estimate and Assessment for taking the same, made by the Supreme Court, and dated the fifth day of February, 1856, shall hereafter be known and entitled ai " The Central Park." OF THE CENTRAL PARK FUND. 531 2 2. A public stock or fund, to be called " The Central Park Fund,"" shall be created for a loan of two millions eight hundred and sixty-seven- thousand dollars, which shall bear an interest of five per centum per annum, payable half yearly, and shall be redeemable on the first day of July, in the year one thousand eight hundred and ninety-eight. 3. The nominal amount or value of each share of the said stock shall be one hundred dollars, and the same shall consist of twenty-eight thou- sand and sixty-seven shares ; or portions thereof may be of the nominal amount or value of five hundred, or of one thousand dollars, and the number thereof shall be reduced accordingly. g 4. The said loan shall be receivable at any time within sixty days- from the passage of this ordinance. 5. The Comptroller is hereby authorized and directed to advertise for proposals to be received at any time within thirty days from the passage of this ordinance, and not to be opened until that day, for the said loan, or for any portion thereof, not less than the par value of one share of the said stock. \ 6. The said Comptroller shall determine, on and after the expiration* of said thirty days, which and what proportion of said proposals shall be accepted, and shall issue certificates for the number of shares neces- sary to make up the said sum of two millions eight hundred and sixty- seven thousand dollars, to the person or persons, company or companies, whose proposals shall have been accepted; and such certificates shall be as nearly as may be in the form of the certificates issued for " The Water Stock of the City of New York." 7. The said Comptroller shall receive the moneys payable for or upon said loan, and shall pay the same into the city treasury, and keep a separate and distinct account of the same, and of all sums paid on account thereof. g 8. The said moneys so to be received shall be applied by the said Comptroller in payment of the awards for the lands aforesaid, as con- firmed by the order aforesaid of the Supreme Court. g 9. For the payment of the balance of said awards, not exceeding the sum of one million six hundred thousand dollars, being the amount assessed for benefit, and by the order aforesaid, of the Supreme Court, a public stock or fund shall be created, which shall bear an interest not exceeding six per cent, per annum, payable half yearly, and shall be 532 OF THE CENTRAL PARK FUND. redeemable not exceeding three years from the issuing thereof, and shall be called " The Central Park Assessment Fund." 1 10. The nominal amount or value of each share of the said stock shall be one hundred dollars; or portions thereof may be of the nominal amount or value of five hundred dollars, or of one thousand dollars. $ 11. The Comptroller is authorized and directed to issue to asy per- son or persons, company or companies, upon receiving the par value thereof, so much of the said stock as may be necessary to pay the balance of the award aforesaid. For the payment of said stock, the assessments for benefit aforesaid, and all moneys payable on account thereof, are hereby specifically pledged. A separate and distinct account shall be kept by the said Comptroller, of all stock thus issued, of all moneys received therefor, and of all moneys received on account of the assessments aforesaid. g 12. The said moneys, so to be received, shall be applied by the said Comptroller in payment of the balance aforesaid of the awards aforesaid. g 13. For so much of the awards, as are payable to the Mayor, Alder- men and Commonalty of the city of New York, for mortgages upon lands, within said park, now held by the Commissioners of the Sinking Fund, for lots heretofore sold by the said Commissioners, the Comptroller shall issue and deliver to the said Commissioners of the Sinking Fund, the five per cent, stock, described in the second section of this ordinance, for the amount of the mortgages aforesaid, to be held by said Commis- sioners in lieu of said mortgages, and as security for the redemption of the city debt. $ 14. The Collector of Assessments is hereby appointed and directed to proceed forthwith in the collection of the assessments. An Ordinance to raise funds and provide for the purchase of the State Arsenal, and all the grounds appertaining thereto, in the city of New York. (Parsed June 17, 1857). The Mayor, Aldermen and Commonalty of the city of New York, in Com- mon Council convened, do ordain a* follows: \ 1. A public fund or stock, to be called " The Central Park Fund," and to be an addition to the fund thus entitled and heretofore raised for the purpose of paying the awards for the piece of land known and enti- OF THE CENTRAL PARK FUND. 533 tied as " the Central Park Fund," shall be created for a loan of two hundred and seventy-five thousand dollars, which shall bear an interest of six per cent, per annum, and shall be redeemable on the first day of July, in the year 1898. g 2. The nominal amount or value of each share of the said stock shall be in sums of one hundred, five hundred, or one thousand dollars, as the Comptroller may deem advisable. g 3. The Comptroller is hereby authorized and directed to advertise for proposals to be received at any time within thirty days after the pas- sage of this ordinance, and not to be opened until that day, for the said stock or fund, or for any portion thereof, not less than the par or nominal value thereof. | 4. The Comptroller shall determine, on and after the expiration of said thirty days, which and what proportion of said subscriptions shall be accepted, and shall issue certificates for the number of shares neces- sary to make up the said sum of two hundred and seventy-five thousand dollars, to the person or persons, company or companies, whose proposals shall have been accepted, and such certificates shall be, as nearly as may be, in the form of the certificates issued for " The Water Stock of the city of New York." \ 5. The subscription to the said stock or fund shall be receivable afc any time within sixty days after the passage of this ordinance. | 6. The Comptroller shall receive the pledges payable for or upon said stock or fund, and shall pay the same into the city treasury, and keep a separate and distinct account thereof, in addition to, and in con. tinuation of, similar subscriptions and payments, for "the Central Park Fund," heretofore issued. 7. The Comptroller shall pay to the Commissioners of the Land Office the said sum of two hundred and seventy-five thousand dollars, as the price or purchase money for the State Arsenal, and all the lands ap pertaining thereto belonging to the state, situated in the city of New York, upon receiving a good and valid deed or conveyance thereof, vest- ing the same in the Mayor, Aldermen and Commonalty of the city of New York, free from all incumbrances. 534 OF THE CENTRAL PARK FUND. An Ordinance to authorize an additional amount of the Central Park Fund, created for the payment of the public place entitled " The Cen- tral Park." (Passed December 30, 1858). The Mayor, Aldermen and Commonalty of the city of New York, in Com- mon Council convened, do ordain as follows.- g 1. A public stock or fund, to be called "The Central Park Fund," shall be created, for a loan of three hundred and seventy-three thousand four hundred dollars, which shall bear an interest of six per centum per annum, payable quarter yearly, and shall be redeemable on the first day of July, one thousand eight hundred and eighty-seven. | 2. The nominal value of each share of the said stock shall be one hundred dollars, and the same shall consist of three thousand seven hun- dred and thirty-four shares. 3. The Comptroller is hereby authorized to advertise for sealed pro- fjosals for a loan of the sum specified in this ordinance, at such time as in his judgment the interests of the Park Fund may require, giving thirty days' notice of all bids to be made for such loan, or any part thereof. | 4. The Comptroller shall determine, on and after the expiration of said thirty days, which, and what proportions of said proposals shall be accepted, and shall issue certificates for the aforesaid number of shares, to the person or persons whose proposals shall have been accepted. 5. The Comptroller shall receive all moneys payable for and upon said stock, and shall pay the same into the city treasury, and keep a separate and distinct account thereof, in addition to, and in continuation of similar payments for the Central Park Fund, heretofore issued. g 6. The moneys received on account of the said stock shall be paid and applied by the Comptroller as provided by section 12 of an ordi- nance of the Common Council, entitled " An ordinance to create funds for the payment of the public place, entitled the Central Park," passed February 29, 1856. THE WATER STOCK OF THE CITY OF NEW YORK, FOR 1854. 535 An Ordinance to create funds for the payment of the lands acquired for the construction of a new reservoir for Croton water. Passed August 19, 1856. The Mayor, Aldermen and Commonalty of the city of New York, in Com- mon Council convened, do ordain as follows . g 1. The Croton Aqueduct Board, acting in behalf of the Mayor, Al- dermen and Commonalty, as provided by chapter 501 of the laws of 1853, having acquired title to all such lands lying between Eighty -sixth and Ninety-sixth streets, and Fifth and Seventh avenues, as they deem desirable, for the construction of a new reservoir, it is hereby declared that all the lands specially described or referred to, in the order for the confirmation of the proceedings of the Commissioners of Appraisal for taking the same, made on the 14th day of April, 1856, shall hereafter be known as the " New Reservoir for Croton Water/' I 2. A public fund or stock, to be called "The Water Stock of the city of New York, for the year 1854," shall be created for a loan of five hundred thousand dollars, bearing interest at the rate of five per cent, per annum, payable quarter yearly, and the principal shall be redeemable on the first day of October, in the year one thousand eight hundred and seventy-five, as provided by chapter 342 of the laws of 1854. $3. The nominal amount or value of each share of said stock shall be -one hundred dollars, and the same shall consist of five thousand shares. \ 4. The Comptroller is hereby authorized to advertise for proposals, to be received at any time within thirty days from the passage of this ordinance, and not to be opened until that day, for the said loan, or for any portion thereof, not less than the par value of one share of the said stock. g 5. The money subscribed on account of the said loan shall be paid into the city treasury, and applied and paid by the Comptroller, as pro- vided by the 4th section, chapter 342 of the laws of 1854. I 6. If money cannot be obtained on the stock authorized to be issued under this ordinance, at the rate of interest prescribed in the act autho- rizing the loan, the Comptroller is hereby authorized to issue the said -stock to persons entitled to the payment of awards on the new reservoir; provided such persons will receive the same at par. 536 OF THE CENTRAL PARK IMPROVEMENT FUND, An Ordinance to create funds for the improvement of the Central Park. (Passed August 25, 1857). The Mayor, Aldermen and Commonalty of the city of New York, in Com- mon Council convened, do ordain as follows: g 1. A public stock or fund, to be called " The Central Park Improve- ment Fund," shall be created for a loan of fifty thousand dollars, which shall bear an interest not exceeding seven per centum per annum, paya- ble quarter yearly, and shall be redeemable in thirty years from the issue thereof. \ 2. The nominal amount or value of each share of the said stock shall be one hundred dollars, and the same shall consist of five hundred shares, or portions thereof may be of the nominal amount or value of five hun- dred or of one thousand dollars, and the number thereof shall be reduced accordingly. | 3. The said loan shall be receivable at any time within sixty days from the passage of this ordinance. 4. The Comptroller is hereby authorized and directed to advertise for proposals, to be received at any time within thirty days from the pas- sage of this ordinance, and not to be opened until that day for the said loan, or for any portion thereof, not less than the par value of one share of the said stock. | 5. The said Comptroller shall determine, on and after the expiration of said thirty days, which and what portions of said proposals shall be accepted, and shall issue certificates for the number of shares necessary to make up the said sum of fifty thousand dollars, to the person or per- sons, company or companies, whose proposals shall have been accepted, arid each certificate shall be, or as nearly as may be, in the form of the certificates issued for the water stock of the city of New York. \ 6. The Comptroller shall receive all moneys payable for, and upon said fund or stock, and shall deposit the same in accordance with the provisions of an act entitled " An act for the regulation and government of the Central Park in the city of New York," passed April 17, 1857. THE CENTRAL PARK IMPROVEMENT FUND. 537 An Ordinance to provide money for the improvement of the Central Park. (Passed November 9, 1857). 'The Mayor, Aldermen and Commonalty of the City of New York, in Common Council convened, do ordain as follows : \ 1. A public stock or fund is hereby created for an amount, the an- nual interest of which, with the interest on the stock of said fund already -issued under an ordinance authorizing the same, shall not exceed the sum of one hundred thousand dollars, and shall be issued from time to time, in such amounts as the Common Council shall, from time to time, pre - scribe by ordinance, which stock or fund shall be designated and known as " The Central Park Improvement Fund ;" the interest payable half yearly and shall be redeemable in thirty years from the day on which the same is issued. 2 2. The Comptroller is hereby authorized and directed to advertise, for thirty days, for proposals for the said fund or stock, or any portion thereof, in such amounts, from time to time, as shall be specially ordered by ordinance of the Common Council ; but no proposal shall be receiv- ed for less than the par value of a single share. g 3. The said fund or stock shares shall be divided into shares of the nominal par value of one hundred dollars each. I 4. Such proposals shall not be opened until the day designated for the opening thereof, in the advertisement therefor ; and on and after the expiration of said thirty days, the Comptroller shall determine which, and what proportion of said proposals shall be accepted ; and shall issue cer- tificates in form, as nearly as may be of the certificates issued for the Water Stock of the city of New York, for the amount so accepted, and to the person or persons, or corporation or corporations, whose proposals ^hall have been accepted. \ 5. The Comptroller shall "receive all moneys payable for and upon said fund or stock, and shall deposit the same in accordance with, and for the purposes specified in the provisions of an act entitled " An act for the regulation and government of the Central Park, in the city of New York," passed April 17, 1857. I 6. The Comptroller is hereby authorized to issue stock as aforesaid pursuant to this ordinance, in the sum of two hundred and fifty thousand dollars. 35 588 THE CENTRAL PARK IMPROVEMENT FUND. An Ordinance to provide a further sum for the improvement of the Central Park. (Passed June 24, L858). The Mayor, Aldermen and Commonalty of the City of Ncio York in Com- mon Council convened, do ordain as follows : 1 1. The Comptroller of the city of New York, is hereby ordered and directed to issue of the stock or fund known as the ' 'Central Park Im- provement Fund," created by an ordinance of the Common Council, enti- tled " An ordinance to provide money for the improvement of the Cen- tral Park ;" approved by the Mayor, November 9, 1857, the further amount of three hundred thousand dollars in conformity with the provi- sions of the said ordinance. An Ordinance to provide a further sum for the improvement of the Central Park. (Passed Nov. 12, 1858). The Mayor, Aldermen and Commonalty of the City of New York, in Com- mon Council convened, do ordain as follows." $ 1. The Comptroller of the city of New York is hereby ordered and directed, to issue of the stock or fund, known as the " Central Park Im- provement Fund/' created by an ordinance of the Common Council, en- titled "An ordinance to provide money for the Improvement of the Cen- tral Park;" approved by the Mayor, November 9, 1857, the further sura of three hundred thousand dollars, in conformity with the provisions of said ordinance. An Ordinance to provide a further sum for the improvement of the Central Park. (Passed May 13, 1859). The Mayor, Aldermen and Commonalty of the city of New York, in Com- mon Council convened, do ordain as follows : g 1. The Comptroller of the city of New York is hereby ordered and directed to issue of the stock or fund, known as the " Central Park Im- provement Fund," created by an ordinance of the Common Council, enti- tled " An ordinance to provide money for the Improvement of the Cen- tral Park ;" approved by the Mayor, November 9, 1857, the further sum of three hundred thousand dollars in conformity with the provisions of said ordinance. OP THE PUBLIC STOCK FOR REBUILDING TOMPKINS MARKET. 539 An Ordinance to provide a farther sum for the improvement of the Central Park. The Mayor, Aldermen and Commonalty of the city of New York, in Com- mon Council convened, do ordain as follows : % 1. The Comptroller of the city of New York is hereby ordered and directed to issue the balance remaining unissued, being the sum of four hundred and sixty-six thousand six hundred and sixty-six dollars and sixty-six cents of the stock or fund, known as the " Central Park Im- provement Fund," created by an ordinance of the Common Council, en- titled "An ordinance to provide money for the Improvement of the Central Park ;" approved by the Mayor, November 9, 1857, in con- formity with the provisions of said ordinance. (Approved July 23, 1859.) An Ordinance to raise one hundred and seventy thousand dollars by loan, and to fund the same for the rebuilding of Tompkins Market, in pursuance of the act of the Legislature, passed April 11, 1856. (Passed Feb. 11,1858.) 1. A public fund or stock, to be called " Public Stock for Rebuild- ing Tompkins Market," shall be created by a loan of one hundred and seventy thousand dollars, which shall bear interest at six per centum per annum, payable half yearly, and shall be redeemable as follows : Seven- teen thousand dollars on the first day of July, in the year one thousand eight hundred and sixty, and seventeen thousand dollars on the first day of July in each year thereafter, until the whole sum is redeemed. g 2. The nominal amount of each share of the said stock, shall be one hundred dollars, and the total of said stock shall consist of seventeen hundred shares ; or portions thereof may be of the nominal amount or value of five hundred dollars, or of one thousand dollars, in which case the number of shares shall be reduced accordingly. $ 3. The Comptroller is hereby authorized and directed to advertise for proposals to be received at any time, within twenty days from the passage of this ordinance, and not to be opened until that day for the said loan, or for any portion thereof, not less than the par value of one share of said stock. 4. The said Comptroller shall determine on and after the expiration of said twenty days, which and what proportions of said proposals shall 540 OF ASSESSMENT BONDS. be accented, and shall issue certificates for the number of s hares neces sary to make up the said sum of one hundred and seventy thousand dol- lars, to the person or persoms, company or companies, whose proposals shall have been accepted, and such certificates shall be as nearly as may be in the form of the certificates issued for the Water Stock of the city of New York ; and if the same or any part thereof be not taken by such proposal at or above the par value thereof, then the Comptroller is authorized and directed thereafter at any time, to issue to any person or persons, company or companies, upon receiving not less than the par value thereof, the said stock, or so much thereof as may be necessary to make up the said sum of one hundred and seventy thousand dollars. | 5. The said Comptroller shall receive the moneys payable for or upon said loan, and shall pay the same into the city treasury, and keep a separate and distinct account of the same, and of all sums paid on ac- count thereof. 6. The said moneys, when received, shall be applied and expended by the said Comptroller in payment of the amounts due, and which may become due, under the contract entered into with Theodore Hunt, on the 31st of December, 1856, for the rebuilding of said Tompkins market, and for any other work and materials, which may be necessary, for the purpose of rebuilding said market, and for no other purpose whatever. An Ordinance for the issue of Assessment Bonds, for periods not ex- ceeding five years, on account of deficiencies in collecting arrears of as- sessment. (Petted July 17, 1856.) The Mayor, Aldermen and Commonalty of the city of New York, in Com- mon Council convened, do ordain as follows: $ 1. The Comptroller is hereby authorized to borrow, on the credit of the Corporation, from time to time, such amount as may be required to meet the deficiencies caused by delay in collecting arrears of assessments; not exceeding, at any time, the aggregate amount of said arrears then outstanding, as provided by the 18th section of the act, chapter 579, of the laws of 1853. g 2. For the payment of the sums thus borrowed, the Comptroller is authorized to issue Assessment Bonds, for such periods asinhisjudg^ ment nv.iy be required to collect the arrearages of assessment, according to the provisions of the laws and ordinances, not exceeding five years ; MISCELLANEOUS DEBTS. 541 the said bonds to bear interest at a rate not exceeding six per cent., pay- able semi-annually. g 3. The amount of bonds authorized to be issued by this ordinance, shall be based on the amount of uncollected assessments returned to the Clerk of Arrears ; and the sums borrowed on said bonds shall be applied to the payment of claims against the city, growing out of the performance of any work payable by assessment ; provided the assessment for such work has been confirmed by the Common Council. Of " Miscellaneous Debts of the City." An Ordinance, passed Oct. 3, 1853. The Mayor, Aldermen and Commonalty of the city of New York, in Com- mon Council convened, do ordain as follows : | 1. The Comptroller is hereby required to borrow, by the issue of bonds, authorized by the act entitled " An act to authorize the Mayor, Aldermen and Commonalty of the city of New York to issue Assessment Bonds," passed April 16, 1852, the sum of two hundred thousand dol- lars. I 2 . The proceeds of such bonds are hereby appropriated and applied to the payment of two hundred thousand dollars of the amount due to John Pettigrew, on account of work done by him as- assignee of the con- tract, for regulating section C of Second avenue, under an ordinance adopted the 30th September, 1850, providing for the regulating of Sec- one avenue, from Twenty-eighth to One hundred and twenty-third street. $ 3. The Comptroller is directed, upon the receipt of the proceeds of said bonds, to pay the same over to John Pettigrew, on account of work done under said ordinance and contract, and to draw his warrant ac- cordingly to the said John Pettigrew, for the said sum of two hundred thousand dollars. 542 RELATING TO CITY RAILROADS, GENERALLY. CITY RAILROADS. ORDINANCES AND RESOLUTIONS RELATING TO THE DIFFERENT LINES OP RAILROADS RUNNING THROUGH THE STREETS OF THE CITY.* Be it ordained, fyc., That the grantees of all railroads within the city, their associates and successors, shall, in the construction, alterations and repairs of such railroads, at all times, furnish such new work, make such additions, and do all such repairs to man-hole heads and covers, receiv- ing basins and stop-cocks and covers, and generally of all fixtures con- nected with sewers, and the distribution of Croton water, as may, in the process of laying down such rail tracks, be affected thereby ; such ad- ditions, alterations and repairs to be done under the direction of, and to the satisfaction of the Croton Aqueduct Department, and that in no case shall such rail tracks be laid over the line of Croton water mains, stop- cocks, or sewer man-holes. (Ord. May 16, 1853.) THE HARLEM RAILROAD. Resolved, That the maps presented by the New York and Harlem Railroad Company, so far as the same locates the route of the said rail- road, from the north side of Twenty-third street, through the centre of the Fourth avenue to Harlem river, and the branch of the same through the centre of One hundred and twenty-fifth street, from the Fourth ave- nue to the Hudson river, be approved, upon condition that neither this approval, nor anything herein contained, shall be construed into a con- sent to the said Company to construct the said railroad ; but that the said Company shall first obtain the consent of the Mayor, Aldermen and Commonalty of the city of New York, before they commence the con- struction of said road. (Resolution, OcMl, 1831.) A Law to authorize the New York and Harlem Railroad Company to construct their railway. g 1. Be it ordained, fyc., That the New York and Harlem Railroad Company be, and they are hereby permitted to construct and lay down, in pursuance of their act of incorporation, a double or single track, or * Resolutions as to laying of bridges and others, which do not affect the general regulations of the roads have been omitted. The provisions here incorporated have been inserted as matters of general interest. THE HARLEM RAILROAD. 543 railroad or railway along the Fourth avenue, from Twenty-third street to the Harlem river, in conformity with a map now on file in the Register's office, and a branch thereof along One hundred and twenty-fifth street, from the Fourth avenue to the Hudson river, provided that the width of such double railroad or way shall not exceed twenty-four feet. 2 2. And be it further ordained, That if, at any time after the con- struction of the aforesaid railways, by the said Xew York and Harlem Railroad Company, it shall appear to the Mayor, Aldermen and Com- monalty of the city of Xew York, that the said railways, or any part thereof, shall constitute an obstruction or impediment to the future regu- lation of the city, or the ordinary use of any -street or avenue of which the said Mayor, Aldermen and Commonalty shall be the sole judges, the said Railroad Company, or the Directors thereof shall, on the requisition of the said Mayor, Aldermen and Commonalty forthwith provide a remedy for the same, satisfactory to the said Mayor, Aldermen and Com- monalty, or if they fail to find such remedy, they shall, within one month after such requisition, proceed to remove such railway, or obstruction, or impediment, and to replace the street or avenue in as good condition as it was before the said railway was laid down ; and should the said Directors decline or neglect to obey such requisition, the said Mayor, Aldermen and Commonalty may, upon the expiration of the time limit- ed in such notice, cause the obstruction or impediment to be removed, and the avenues or streets restored as aforesaid, at the expense of the said Railroad Company. g 3. That the right of regulating the description of power to be used in propelling carriages on and along said railways, and the speed of the same, as well as all other power reserved to the said Mayor, Aldermen and Commonalty by the act of incorporation of the said Company, or any part thereof, be, and the same are hereby expressly retained and re- served. 4. That it shall especially be incumbent on the said New York and Harlem Railroad Company, at their own cost, to construct stone arches and bridges for all the cross streets now or hereafter to be made, (which will be intersected by the embankments or excavations of the said rail- road) and which, in the opinion of the Common Council, the public con- venience requires to be arched or bridged ; and also to make such em- bankments or excavations as (in the opinion of the Common Council) may be required to make the passage over the railroad and embank- ments, at the intersected cross streets, easy and convenient for all the 544 THE HARLEM RAILROAD. purposes for which streets and roads are usually put to, and also that the said Company shall make, at their own like cost and charges, all such drains and sewers as their embankments and excavations may (in the opinion of the Common Council) make necessary, all which work to be done under the like requisition and under like disabilities, as in the second section of this ordinance mentioned ; and, further, that the said Company shall make their railroad path from time to time conform to what may hereafter be the regulation of the avenue and road through which said railroad passes. 5. That it shall be incumbent on the said New York and Harlem Railroad Company to commence and complete their said railroad in the respective times allowed for that purpose in their act of incorporation ; and unless they commence and complete the same in the periods of time for the said commencement and completion in said incorporation speci- fied, that then the consent of the Common Council, and all the powers and privileges given in this ordinance shall cease and be null and void. g 6. That in case the said railrond should not be completed withi'i the times for that purpose in their charter mentioned, or if any time after the construction of the said railroad, the same should be discontinued y or not kept up, and in repair as a good and sufficient railroad, that then- the strip of land to be taken for the said railroad should be thrown opeD and become a part of the street or public avenue, without any assess- ment on the owners of the adjoining land or the public therefor. I 7. That no building shall be erected on the said strip of land to be taken for said railroad ; and that a railing or other erections shall be made on the outer edges of the embankments or railroad path, and also such railing or fences on the edges of the excavations as the Common Council shall, from time to time, deem necessary to prevent accidents and loss of lives to our fellow citizens. 8. That this ordinance shall not be considered as binding on the Common Council, nor shall the said ordinance go into effect until the said Harlem Railroad Company shall first duly execute (under their cor- porate seal) such an instrument in writing (promising, covenanting and' engaging on their part and behalf to stand to, abide by, and perform alt the conditions and requirements in this ordinance contained) as the- Mayor and the Counsel of the Board shall, by their certificate approve,, and not until such instrument shall be filed, so certified in the Comptrol- ler's office of this city. -(Passed Dec. 22, 1831). THE HARLEM RAILROAD. 545 Resoh-ed, That the New York and Harlem Railroad Company be, and are hereby authorized to take possession of the ground owned by the Common Council, over which the line of said railroad is ordered to be constructed, and that they may be permitted to use the same during the continuance of the present charter, for the- purpose of a railroad, and that only, and when they cease so to use it, it shall revert to the Corpora- tion ; provided always, that said laud shall be so used as not to interfere with the use of the cross streets, and on condition, however, that if the said Corporation shall not commence the said railroad, and complete the same within the time limited by their charter, then the privilege hereby granted shall cease and be void. (Resolution, Feb. 1, 1832). Resolved, That the New York and Harlem Railroad Company be per- mitted, and the Common*Council hereby consent, so far as their rights extend, that the said^Company may extend their rails southerly from the north line of Twenty-third street to Prince street, subject, however, to the same conditions and restrictions which the Common Council hereto- fore imposed upon said Company in respect to that part of the road above Twenty-third street ; that the said Company may forthwith pro- ceed to lay down a single track through the Fourth avenue, south of Twenty-third street, Union place, Bloomingdale road and Broadway, and another single track through the Bowery both as far south a3 Prince street ; and after two months' use of a single track upon the whole distance south of Twenty-third street, on both Broadway and the Bowery, with convenient turnings at the several terminations as above- mentioned they may, unless otherwise directed by the Common Council, lay down a second track on each of the above-mentioned routes ; the same to beonaintained by the said Company, subject at all times to the regulations of the ' Common Council, and also subject to the^obligation of removing the whole or any part of the railways hereby permitted to be laid down in case the Common Council shall hereafter see fit to re< quire the same ; provided, however, that all the said rails shall be laid down in such manner and in such parts of the said streets as shall be ap- proved by the Street Commissioner, so as to cause no impediment to the common and ordinary use of the streets for all other purposes, and that the water-courses of the streets shall be left free and unobstructed, and that the said Company shall pave the streets in and about the rails in a satisfactory and permanent manner, and keep the width of twenty feet of said paving, including the rails in good repairs at all times during the continuance of their use thereof; and, provided further, that if at any time after the said rails shall have been laid down, the Common Council 546 THE HARLEM RAILROAD. shall deem it necessary, and shall order the said rails to be taken up, the said Kailroad Company shall cause the pavement of the streets to be placed in good and sufficient repair ; and, provided further, that the said Company have their single rail tracks above-mentioned completed on or before the first day of May, 1834, and that they are to charge and re- ceive such tolls, rates or fare for the carrying of passengers or effects upon the said rail tracks south of Twenty-third street, as the said Com- mon Council may prescribe. Resolved, That the above resolution shall not be considered as binding on the Common Council, nor shall the same go into effect until the said Harlem Railroad Company shall first duly execute, under their corporate seal, such an instrument in writing, promising, covenanting and agreeing on their part and behalf to stand to, abide and perform all the condi- tions and provisions in the said resolution contained as the Mayor and the Counsel of the Board shall approve of by a certificate under their hands, nor until such instrument shall be filed, so certified in the Comp- troller's office of this city. (Resolution, May 10, 1832). Resolved, That the New York and Harlem Railroad Company be per- mitted, and the Common Council hereby consent, so far as their rights extend, that the New York and Harlem Railroad Company may con- tinue their rails by single or double track southerly, from the north line of Prince street to the north line of Walker street, subject to the same conditions and restrictions which the Common Council heretofore im- posed upon the said Company in respect to that part of the said road between Prince street and Twenty-third street, as provided by the ordi- nances of the Common Council, May 20, 1832. (Resolution, May 4, 1837). Resolved, That the New York and Harlem Railroad Company be per- mitted, and the Common Council hereby consent, that the said Company may continue their rails similar to those laid between Thirteenth and Fourteenth streets by a double track from the Bowery through Broome street to Centre street, and from Broome street through Centre street to Chatham street, subject to the same conditions and restrictions which the Common Council heretofore imposed upon the said Company. Resolved, That when such rails shall be laid through Centre aud Broome streets, the said Company shall cause so much of the rails as are laid in the Bowery south of Broome street, to be removed, and the street repaved under the direction of the Street Commissioner. (Resolu- tion, May 4, 1838. THE HARLEM RAILROAD. Resolved, That the New York and Harlem Railroad Company be au- thorized to lay down rails in Canal street, from their road in Centre street, to a point seventy-five feet east of Broadway, to enable them to afford the increased accommodation for the public, which may be re- quired by the extension of their own road, and by their connection with the New York and New Haven Railroad Company, and for the purpose of establishing a depot for passengers to and from the New York and New Haven Railroad, with permission to cross the sidewalk from the rail tracks into any premises which either of said companies may be- come the lessees or owners of, all of which to be under the direction of the Street Commissioner, the privileges hereby granted to be enjoyed by said company during the pleasure of the Common Council. (Res., Nov. 15,1848). Resolved, That the New York and Harlem Railroad Company be, and they are hereby authorized to take up their double track, from the cor- ner of Grand and Centre streets, to the Bowery, and lay down a single track in the centre of the street, from the corner of Grand street, through Centre and Broome streets to the Bowery ; down the Bowery to Grand street, and through Grand street to Centre street, under the direction of the Street Commissioner. (Res. Sept. 13, 1850). Resolved, That the New York and Harlem Railroad Company be, and they are hereby authorized to lay groove rails in a permanent man- ner, for a single track, on the westerly side of Chatham street, from the present terminus at Centre street, to the southerly end of the Park, with a turn-out, as shown on a profile on the petitions hereunto attached, for the exclusive use and purpose of running their city line of small pas- senger cars upon, to that point, subject to the pleasure and order of the Common Council ; that when the Common Council may, or shall hereaf- ter, order the said track to be taken up, the Company shall comply therewith at once, and that said Company shall, before said track is laid, execute to the city an agreement to comply therewith at once, when or- dered, and that they will not run any but small passenger cars thereon, and that the Comptroller be charged with the preparation and execution of said agreement ; said track to be laid under the direction of the Street Commissioner, provided that the said Company shall grade the street through which the said rails shall be laid, at their own expense, and keep the same in repair ; that all ordinances heretofore passed rela- tive to the said Company, shall not be deemed to be in any way repealed by such permission hereby granted, except so far as the same conflicts therewith. And that said rails shall .not be laid within a distance of 543 THE HARLEM RAILROAD. twenty feet of the cross walk at the corner of Broadway and the southern end of the Park. (Res. Feb. 6, 1851). Resolved, That no locomotive or steam engine be allowed to run on the tracks of the Harlem or New Haven Railroad Company, on Fourth avenue, south of Forty-second street, eighteen months after the passage of this ordinance. (.Re*., Dec. 27, 1854). Resolved, That the Harlem Railroad Company be directed to station a flagman at the corner of the Bowery and Broome street, for the pur- pose of warning pedestrians and those persons driving vehicles, of the nigh approach of the rail cars, as they turn the corner of the said Bowe- ry and Broome street. (Resolution, Feb. 3, 1857). Resolved, That the Harlem Railroad Company be directed to place a flag-man at the corner of Pearl and Centre streets for the protection of persons crossing said streets. (Resolution, Feb. 10, 1857). Resolved, That the Harlem Railroad Company be, and they are hereby directed to cause their small cars to be run on their track to Forty-second street, as often and as regularly as they are now run between Twenty- seventh street and Park Row, the said Company to commence running small cars as aforesaid, within four months after the approval of this resolution by his Honor the Mayor. (Resolution, July 12, 1858). .Be it Ordained, fyc . \ 1. The New York and Harlem Railroad Company is hereby au- thorized, empowered and permitted to use steam in the drawing of their passenger and freight cars upon their railroad, on the Fourth avenue, to and from the northern extremity of Manhattan, or New York Island, to the south side of Forty-second street, and to permit the use thereof by the New York and New Haven Railroad Company to the same point, with turn-outs to the engine houses respectively, for a period of thirty years from the passage of this ordinance. \ 2 . Until the completion of their new machine shops, at or above Forty-second street, the New York and Harlem Railroad Company shall be permitted to run their engines with steam, for repairs only, but with- out any car, truck or other vehicle attached, to and from their present machine shop at Thirty-second street ; but such permission shall not extend, in any event, beyond a period of eighteen months from the date of this ordinance. \ 3. The New York and Harlem Railroad Company are hereby au- THE HUDSON RIVER RAILROAft 549 thorized to lay down a double track or railway from their track in the Fourth avenue, at Forty-second street, up said street to Madison avenue, and up Madison avenue to Seventy-ninth street, or as far as it may, from time to time be opened, for the use of their small cars only. \ 4. The said company is hereby authorized to lay down in the Fourth avenue, between Forty-second and Fiftieth streets, two additional tracks, for the use of themselves and the New York and New Haven Railroad Company, to enable them to land and receive their passengers, and may cover that portion thereof which extends from Forty-second to Forty- fourth street, by a neat ornamental roof or shed, to be first approved by the Mayor of the city of New York ; and that the sidewalks opposite to said building be reduced to sixteen feet on each side of said avenue in front of the premises of said railroad company. 5. The New York and Harlem Railroad Company shall forthwith com- plete the title of the Corporation of the city of New York, to the strip of ground twenty feet wide, between Thirty-1hird and Thirty-fourth streets, on the west side of the Fourth avenue, and also to the strip of ground twenty feet wide, between Thirty-second and Thirty- third streets, agreed by them to be conveyed to the city ; and shall, within six months from this date, remove their engine house at Thirty-second street from said last-mentioned strip of land. \ 6. In the case the New York and Harlem Railroad Company shall fail to carry out in good faith the provisions of the second and fifth sec- tions of this ordinance, within the times in said sections respectively limited, the privileges hereby granted shall cease and determine, and this ordinance shall be null and void. (Ordinance, December 31, 1858.) THE HUDSON RIVER RAILROAD. T/ie Mayor, Aldermen and Commonalty of the City of New York, in Common Council convened, do ordain as follows . % 1. Permission is hereby granted to the Hudson River Railroad Com- pany to construct a double. track of rails, with suitable turn-outs along the line of the Hudson River, from Spuyten Devil Creek to near Sixty- eighth street ; occupying so much of the Twelfth avenue as lies atong the shore, thence winding from the shore so as to intersect the Eleventh avenue, at or near Sixtieth street ; thence through the middle of the Eleventh avenue to about Thirty-second street; thence on a curve across 550 THE HUDSOX RIVER .RAILROAD. to the Tenth avenue, intersecting the Tenth avenue at or near Thirtieth street; thence through the middle of the Tenth avenue to West street, and thence through the middle of West street to Canal street. 2. The said Hudson River Railroad Company shall' grade, regulate, pave and keep in repair a space twenty-five feet in width, in and about the tracks, in all the avenues and streets through which the said track or tracks shall be laid, whenever the Common Council shall deem the interest of the public to require such pavement to be done. The said company shall lay such rail track through the avenues and streets in con- formity to such directions as to line and grade as shall be given by the Street Commissioner, and shall conform their said railroad to the grades of the avenues and streets through which it shall extend, or cross, as shall be from time to time established by the Common Council, if the latter so require ; and shall lay their rails or tracks in the streets or avenues, in such manner as to cause no unnecessary impediment to the common and ordinary use of the street for all other purposes, and so as to leave all the water courses free and unobstructed. It shall be espe- cially incumbant on the said Hudson River Railroad Company, at their own cost, to construct stone bridges across such of the streets intersected by the railroad as may, by the elevation of their grades above the sur- face of said road, require to be arched or bridged, whenever, in the opi- nion of the Common Council, the same shall be necessary for public convenience ; and also to make such embankments or excavations as the Common Council may deem necessary to render the passage over the railroad and embankments at the cross streets easy and convenient for all the purposes for which streets and roads are usually put to ; and the said company shall also make, at their own cost and charge, all such drains and sewers, as their embankments or excavations may, in the opi- nion of the Common Council, render necessary ; and said company shall be at all times subject to such regulations, with reference to the conve- nience of public travel through such streets and avenues as are affected by the said railroad, as the Common Council shall, from time to time, by resolution or ordinance, direct; and the Corporation hereby reserves the right to require said company, at any time after the Eleventh avenue shall be made to Fourteenth street, to take up their rails in the Tenth avenue, and lay them in the Eleventh avenue to said Fourteenth street, and through Fourteenth street to connect with West street. g 3. The said company shall, within one year from the passage of this ordinance, and before entering upon any contracts for grading, file in THE HUDSON RIVER RAILROAD. 551 the office of the Street Commissioner a map showing the location and intended grade of said railroad. $ 4. Permission is hereby granted to the Hudson River Railroad Company to run their locomotives as far south as Thirtieth street, and no farther. $ 5. The said Hudson River Railroad Company shall be and are hereby prohibited from running a stated train between any points below Thirty-second street, for the carrying of passengers between those points, under the penalty of twenty-five dollars for each passenger from whom fare shall be received therefor. \ 6. This ordinance shall not be construed as binding upon the Corpo- ration, nor shall it go into effect, until the said Hudson River Railroad Company shall first duly execute, under their corporate seal, such an in- strument in writing, covenanting and engaging, on their part and behalf, to stand to, abide by, and perform all such conditions and requirements contained in the second and third sections of this ordinance, as the Mayor and the Counsel to the Corporation shall by their certificate approve, and not until such instrument shall be filed, so certified, in the office of the Comptroller of this city. Ordinance May 6, 1847. Resolved, That the Hudson River Railroad Company be authorized to lay down a double track of rails, with suitable curves and turn-outs, from the northerly line of Canal street, at West street, through Canal and Hudson streets to Chambers street, under the direction of the Street Commissioner, and subject to all the restrictions, obligations, provisions and conditions of the ordinance authorizing said company to lay down rails to Canal street. (Res. Sept. 25, 1849.) Resolved, That the Hudson River Railroad Company may extend one of their tracks around the country market, (leased to them at foot of Canal street,) with suitable curves and turn-outs, under the direction of the Street Commissioner, so as to connect with the track on West and Canal streets, already constructed by them, subject to all the terms, conditions and restrictions of the annexed resolution passed and ap- proved as stated below. See resolution approved September 25, 1849. (Re*. January 1, 1850). Resolved, That the Hudson River Railroad Company be, and they are hereby permitted to propel their cars from Chambers street to Thirty-first street, by their street locomotive, or " Dumb Engine," upon the condition that the same shall not be run at a greater speed than six miles an hour; and also, that they shall employ a proper person to pre- cede the trains on horseback, to give necessary warning, in a suitable 552 THE HUDSON RIVER RAILROAD. manner, of their approach, and be under such further directions as the Common Council may, from time to time, prescribe. (Res. December 4, 1850.) Resolved, That the Hudson River Railroad Company be directed to take up their rails, and relay them, so that at the southwest corner of Tenth avenue and Thirtieth street they shall be distant from the angle of the curb at least twelve feet. (Res. August 11, 1851). Resolved, That the Hudson River Railroad Company be, and are hereby required to remove the present high rail in use upon their road, from the corner of Chambers street and West Broadway, up to Fifty- third street, and to lay down in the stead thereof, the rail known as the grooved rail, and that the same be done within six months from the passage of this resolution by the Common Council. Resolved, That the Hudson River Railroad Company be, and they are hereby authorized and directed to place upon their road, city pas- senger or small cars, to be run between the depot at Chambers street and Fifty-third street ; to take up and set down city passengers between those points; to be governed by the general rules regulating the Eighth Avenue Railroad ; and, further, that they run a car thereon each and every day, both ways, as often as every fifteen minutes, from 5 to 6 o'clock, A. M., and every five minutes, from six o'clock, A. M., to 8 o'clock, p. M. ; every fifteen minutes, from 8 o'clock, p. M., to 12 o'clock, p. M. ; and every thirty minutes, from 12 o'clock, p. M., to five o'clock, A. M. and as much oftener as public convenience may require, under the regu- lations of the Common Council ; and that the said company shall have the right to demand, and receive, from each passenger conveyed in said cars, the sum of five (5) cents, and no more. The aforesaid cars to be placed and run upon said **oad within six months from the passage of this resolution by the Common Council. It being a special provision and understanding, in making this grant to the Hudson River Railroad Company, that the said company shall not, at any time, either directly or indirectly, in any way alienate from themselves, as a company, or in any manner dispose of the right to run small cars upon their said road hereby granted, unless by consent of the Common Council, under the penalty of the forfeiture of this grant, immediately thereupon. Revolted, That the Hudson River Railroad Company be, and they are hereby directed to cease the running of locomotives or steam engines below Fifty-third street, immediately upon the small cars being placed upon their road, in accordance with the foregoing resolution. (Res, Dec. 13, 1858;. NEW HAVEN AND SIXTH AND EIGHTH ^AVENUE RAILROADS. 553 THE NEW HAVEN RAILROAD. Resolved, That the block of ground [bounded by Centre, Franklin, Elm, and White streets, be leased to the New York and New Haven Railroad Company, for the terra of twenty-one years, (the arsenal build- ings on Elm and Franklin streets to remain for the use of the military until May 1st, 1851,) at an annual rent of six thousand dollars, payable quarterly, together with the taxes and assessments on the same, with co- venants for renewal at the expiration of twenty-one years, at a rent to be fixed by appraisement. The said company to improve the said pre- mises within one year, from the date of their lease. Said premises to continue during said leases for a railroad depot, and the Comptroller is hereby directed to have a lease executed in accordance with this resolution, provided that nothing therein contained shall be con- strued or taken as a consent or assent on the part of the Corporation of the city of New York, to the use by the said railroad company, of any of the streets and avenues of said city, for the purpose of running cars thereon, by virtue of an agreement with the Harlem Eailroad Company ? or as a waiver of the right and power of the Common Council of said city, to regulate and control tho said New York and New Haven Rail- road Company, to the same extent it can now control the New York and Harlem Company. (Res. Sept. 5, 1850.) Resolved, That the Harlem and New Haven Railroad Companies shall station a man on the north-west corner of Grand street and the Bowery, to warn persons coming down the Bowery on foot, or in vehicles, of the near approach of the cars, toward the corner of Grand street and the Bowery. (Res. Feb. 15, 1853.) SIXTH AND EIGHTH AVENUE RAILROADS. Resolved, That the persons to whom permission is granted by the fol- lowing resolutions, and those who may hereafter become associated with them, have the authority and consent of the Common Council to lay a double track for a railroad in the following streets, viz : From a point at the intersection of Chambers street and West Broadway ; thence along West Broadway to Canal street ; thence along and down Canal street to Hudson street ; along Hudson street and Eighth avenue, to a point at or near Fifty-first street ; and that said railroad be continued through the Eighth avenue to Harlem river, whenever required by the 36 554 SIXTH AND EIGHTH AVENUE RAILROADS. Common Council, and as soon and as fast as said avenue is graded, upon the following stipulations and conditions, viz : Such track or tracks to be laid under the direction of the Street Commissioner, and on such grades as are now established, or may hereafter be established by the Common Council, the said parties to become bound in a sufficient penal- ty, to keep in good repair the space between the track and the space outside the same, on either side, of at least eight feet in width, of each street in which the rails are laid, and also that no motive power, except- ing horses, be used below Fifty-first street ; and upon the further condi- tion that said parties shall place new cars on said railroad, with all the modern improvements for the convenience and comfort of passengers, and that they run cars thereon each and every day, both ways, as often as the public convenience may require, under such directions as the Street Commissioner and Common Council may, from time to time, pre- scribe ; and provided also, that the said parties shall, in all respects, com- ply with the direction of the Street Commissioner, and of the Common Council, in the building of said railroad, and in the running of the cars thereon, and in any other matter connected with the regulation of said railroad ; and provided also, that the said parties shall, before this per- mission takes effect, enter into a good and sufficient agreement with the Mayor, Aldermen and Commonalty of the city of New York, to be drawn and approved of by the Counsel to the Corporation, binding themselves to abide by, and perform the stipulations and provisions here- in contained ; and also all such other resolutions or ordinances as may be passed by the Common Council relating to the said road ; and further, that" they run a car thereon each and every day, both ways, as often as every T Jifteen minutes, from 5 to 6 o'clock, A. M. ; every four minutes from 6 o'clock, A. M. to 8 P. M. ; every fifteen minutes, from 8 P. M. to 12 P.M.; and every thirty minutes, from 12 p. M. to 5 A. M. ; and as much oftener as public convenience may require, under such directions as the Common Council may, from time to time, prescribe ; also, that the rate of passage on said railroad shall not exceed a greater sum than five cents for the entire length of said road ; and also, that the Common Council shall^have the power to cause the same, or any part thereof, to be taken up at any time they may see fit ; and also, that the said parties, or either of them, shall not assign their interest in the said road, without first ob- taining the consent of the Common Council thereto ; also, that such track or tracks shall be laid upon a foundation of concrete, with a groov- ed rail, or such other rail as may be approved of by the Street Commis- sioner, even with the surface of the streets through which they may pass, SIXTH AND EIGHTH AVEXUE RAILROADS. 555 and shall be commenced within three months, and completed to Fifty- first street within one year, and from Fifty-first street to the Harlem river, within three years from the passage of this resolution ; also, that the foundation on each side of the rails shall be paved with square grooved blocks of stone, similar to the Russ pavement, as far up as Fif- ty-first street; that the said parties are to keep an account of the re- ceipts of each road monthly, and report the same to the Comptroller monthly, under oath ; that the said parties shall connect their road with such other roads as the Common Council may order to be connected therewith ; that they shall file with the Comptroller a statement, under oath, of the cost of each mile of road completed, and agree to surrender, convey and transfer the said road to the Corporation of the city of New York, whenever required so to do, on payment, by the Corporation of the cost of said road, as appears by said statements, with ten per cent, advance thereon ; that said parties, on being required at any time by the Corporation, and to such extent as the Common Council shall deter- mine, shall take up, at their own expense said rails, or such part thereof as they shall be required, and in failure so to do, in ten days after such requirement, the same may be done, at their expense, by the Street Commissioner. Resolved, That the persons to whom permission is granted by the fol- lowing resolutions, have the authority ajid consent of the Common Coun- cil, to lay a single track in the following streets : Commencing at the corner of Chambers street and West Broadway, through Chambers street to Church street ; through Church street to Canal street ; and through Canal street to Wooster street ; through Wooster street to Fourth street ; thence, with a double track, through Fourth street and Sixth avenue to Harlem : also, to lay a single track in Thompson street, from Canal to Fourth street, to connect with the Eighth Avenue Rail- road, and extend the same up the Sixth avenue to Harlem river, when- ever required by the Common Council, and as soon and as fast as said avenue is graded sufficiently to permit such track to be laid, upon the same terms, stipulations and conditions as are provided in the annexed resolution in relation to the railroad in the Eighth avenue, except that no motive power except horses shall be used below Forty-second street ; that said railroad upon the Sixth avenue shall be commenced within three months, and completed to Forty-second street within one year ; and from Forty-second street to the Harlem river within three years from the passage of this resolution ; also, that the foundation on each side of the rails, shall be paved with square grooved blocks of stone, similar to the 556 SIXTH AND EIGHTH AVENUE RAILROADS. Russ pavement, as far up as Thirty-second street, and that such parts of the Eighth Avenue road, as may be used by the Sixth Avenue Road, from the connection in Canal street and West Broadway to Chambers street, shall be built at the joint expense of said Sixth and Eighth Ave- nue Roads. Resolved, That each of said passenger cars, to be used on said road, shall be annually licensed by the Mayor ; and there shall be paid annu- ally for such license such sum as the Common Council may hereafter de- termine. Resolved, That the permission granted to lay or build a railroad track in the following streets, viz : From a point at the intersection of West Broadway and Chambers street, thence through West Broadway to Ca- nal street, down Canal street to Hudson street, along Hudson street and Eighth avenue to Harlem river, be granted and given to John Petti- grew, Edmund R. Sherman, Solomon Kipp, Abrm. Brown, Washingten Smith, Joseph N. Barnes, O'Keefe & Duryea, and Marshalls & Town- send. Resolved, That the permission granted to lay or build a railroad, in the following streets, viz : Commencing at a point at the intersection of West Broadway and Chambers street, thence through Chambers street to Church street, through Church street to Canal street, and through Canal street to Wooster street, through Wooster street to Fourth street, with a single track ; thence through Fourth street to Sixth avenue, and through Sixth avenue to Harlem, with a double track ; also to lay a sin- gle track in Thompson street, from Fourth street to Canal street, to connect with the Eighth Avenue Railroad, be given to James S. Libby, George R. Howell, William Flagg, William H. Adams, John Post, jr., Edmund Morris, Matthew D. Greene, John Ridley, Wm. Ebbitt, Ward Bolster & Jacacks, and Finch, Sanderson & Beers. (Resolution, July 30, 1851.) Resolved, That the Eighth Avenue Railroad Company have authority, and the privilege is hereby granted to them, to extend their rail (which is to be constructed in like manner as their present,) through Canal street to Broadway, and also from its present termination at Chambers street through College place to Barclay street, and through Barclay and Church streets, or across Barclay street, and through the buildings which they have rented or procured, or may rent or procure for that purpose, to and into Yesey street ; through Vesey street to Broadway, and SIXTH AND EIGHTH AVEJTUE RAILKOADS. 557 through Church street, from Yesey street to Chambers street, and through Chambers street to its present termination aforesaid, and to run their cars over the same ; and when they shall have made such extension then and thereafter, they shall be at liberty to charge every passenger who may come to and ride any distance upon any part of their road be- low Fifty-first street, five cents for riding on that part of their road ; any thing in the resolutions or agreement under Avhich the said company are now acting inconsistent with any of the privileges granted by this resolu- tion, is hereby modified, so as to conform thereto. And also resolved, That the Sixth Avenue Railroad Company, upon paying to the said the Eighth Avenue Railroad Company, the one-half part of the cost of that portion of their road lying between Yarick street and West Broadway, and of keeping it in repair, from time to time, hereafter ; and also, the one-half of the costs and of the repairs, from time to time, of the extensions above authorized* shall be at liberty to use and own one-half of the same, and run their cars thereon, and to charge every passenger who may come to ride any distance upon any part of their road below Forty-third street, the like sum of five cents for riding on that part of the road, and any thing in the resolutions or agreement under which they are now acting inconsistent with the said privileges is hereby modified, so as to conform to this resolution. (Resolution, Dec. 13, 1852). Resolved, That the route of the Sixth Avenue Railroad be, and the same is hereby changed from the present location, so as to run as follows, viz : Commencing at the intersection of Chambers street and West Broadway, running thence with a double track through West Broadway to Canal street, through Canal street to Yarick, through Yarick street to Carmine street, through Carmine street and the Sixth avenue to inter- sect with the original grant of the Sixth Avenue Railroad Company. Resolved, That the portion of said railroad track to be laid down in West Broadway, from Chambers street to Canal street, shall be built jointly by the Sixth and Eighth Avenue Railroad Companies ; and, in the event of either party refusing, or neglecting to unite in the construc- tion of such portion of the road, or pay for their proportionate share of the expense thereof, then it shall be competent for either of said parties to proceed with the work, at their own expense, and for their exclusive benefit, until the other party shall actually pay their proportion of such expense; further, should any difficulty arise between said Sixth and Eigth Avenue Railroad Companies, as to the cost and value of building 558 SIXTH AND EIGHTH AVENUE RAILROADS. said road, a*d rights to run over the same, each party shall have the privilege to select a referee, not interested in any wise in either of said roads, to adjust all difficulties ; but, should said referees not be able to make a proper and amicable settlement of any dispute, arising between the parties hereinbefore mentioned, then it shall be competent for the Common Council to select a third person as referee, who shall investigate the subject matter in dispute, and a decision from a majority of said referees shall be final and conclusive ; nothing, however, contained in this resolution, shall be construed to interfere with the power and au- thority of the Common Council to prescribe rules and regulations, from time to time, for the control and management of said railroad. (Resolu- tion, June, 1852). Whereas, A resolution has passed the Common Council, and which resolution was permitted to become a law, by the non-action of the Mayor, authorizing the Sixth and Eighth Avenue Railroad Companies to extend their road through College place to and across Barclay street, or through Barclay or Yesey street to Broadway, and to return through Church street, to and through Chambers street to its present termina- tion ; and Whereas, It was the understanding, although not specified in the reso- lution, that said extension should, and was to be only with a single track,, yet, the said Eighth Avenue Railroad Company is now engaged in con- structing said road with a double track, which will have the effect to shut out from said street all other travel, and be a serious detriment to the interests of the citizens generally, and to the owners of property on the line especially ; and, as there seems to be a very serious misunder- standing as to whether there should be constiuctd a single or a double track ; therefore, be it Resolved, That the Street Commissioner be, and he is hereby directed to cause all further proceedings of said companies, in the construction of said roads through the streets mentioned in the preamble, to be stayed and suspended until the further action of the Common Council, except they build a single track only through said streets ; and if that course be not adopted by said companies, that then the said Street Commis- sioner be, and he is hereby directed to have said streets restored to their former condition, without delay. (Resolution, Dec. 21, 1852). Whereas, A resolution was passed by the Common Council, on the 21st of December last, by which the Street Commissioner was directed to cause all proceedings on the part of the Sixth and Eighth Avenue? SIXTH AND EIGHTH AVENUE RAILROADS. 559" Railroad Companies, in the construction of the extension of tyeir rail- roads to be, in part, suspended ; and Whereas, The state of the streets, during the last summer, interrupted the travel through Church street, and it now sufficiently appears, that the public convenience, and the wishes of the citizens require some modi- fication of the said resolution, and the laying of tracks, so that a continu- ous travel can be had, although interruptions and obstructions may hap- pen to occur in Church street, as before mentioned ; therefore, it is Resolved, That the aforesaid resolution be, and the same is hereby re- scinded and revoked, and the said companies are hereby authorized and directed to complete the said extensions, and make the connections be- tween the parts thereof, and with the other portion of their road, as the same was begun and unfinished, when the said resolution was passed ; the said company shall not lay a double track lengthwise, through Cham- bers street, Church street, Barclay street or Vesey street. (Resolution, Dec. 31, 1853). Resolved, That the President, Directors and Company of the Eighth Avenue Railroad be, and they are hereby directed, for the better accom- modation of the public, to run their cars, daily, from and to Fifty-ninth street and Eighth avenue, the present terminus of the rails they have al- ready laid, instead of, as they now run, from and to Fifty-first street and Eighth avenue. (Resolution Nov. 30, 1853). Resolved, That the resolution adopted by this Board, November 21, 1853, directing the Eighth Avenue Railroad to run their cars to Fifty- ninth street, be modified, and so amended as to direct them to run a car once in every twenty minutes during the day, until otherwise directed. (Resolution Dec. 29, 1853). Resolved, That the Eighth Avenue Railroad Company be, and are hereby directed to run their accommodation cars from Fifty-second to Fifty-ninth street, every ten minutes, so as to start a car every ten min. utes, from Fifty-second street up to Fifty-ninth street, and a car every ten minutes, from Fifty-ninth street down to Fifty-second street, daily, from five o'clock, A. M. to ten o'clock, p. M. (Resolution, July 12, 1854). Resolved, That the Eighth Avenue Railroad Company be, and they are hereby directed to relay the track of said railroad, and to run their cars from Fifty-first street to the junction of Eighth avenue and Broad- way, and that said company run their cars from Fifty-first street to Fif- ty-ninth street, every five minutes, and the Street Commissioner is here- by authorized and directed to carry this resolution into effect. (Resolu- tion, Dec. 20, 1855. 560 THIRD AVENUE RAILROAD. THIRD AVENUE RAILROAD. 1. Resolved, That Myndert Yan Schaick, Horace M. Dewey, John B. Dihgledein, John Murphy, James W. Flynn, James McElvaney, Patrick McElroy, Thomas Murphy, Philip Reynolds, Elijah F. Purdy, Bryant McCahill, George Caplin, Oscar F. Benjamin, and those who may here- after become associated with them, have the authority and consent of the Common Council, and permission is hereby granted to them to lay a double track for a railroad in the following streets : From a point at the intersection of Park row and Broadway, near the south-westerly corner of the Park ; thence along Park row to Chatham street ; thence along Chatham street to the Bowery ; thence along the Bowery to the Third avenue, and thence along the Third avenue to the Harlem river, upon the following conditions, viz : Such track or tracks to be laid under the direction of the Street Commissioner, and on such "grades as are now established, or may here- after be established by the Common Council ; the said parties to become bound in a sufficient penalty to keep in good repair the space inside the tracks, and a space two feet each side of the same, of each street in which the rails are laid ; and also that no steam power be used on any part of the road for propelling cars, and upon the further condition that said parties shall place new cars on said railroad, with all the modern improvements, for the convenience and comfort of passengers, and that they run cars thereon, each and every day, both ways, and as often as the public convenience may require, under such prudential directions as the Common Council and the Street Commissioner may, from time to time prescribe ; and Provided also, That the said parties shall, in all respects, comply with the directions of the Common Council, in the building of the said rail- road, and in any other matter connected with the regulation of said railroad; and Provided also, That the said parties shall, before this permission takes effect, enter into a good and sufficient agreement with the Mayor, Alder- men and Commonalty of the city of New York, to be drawn and ap- proved of by the Counsel to the Corporation, binding themselves to abide by and perform the stipulations and provisions herein contained ; and also all such other resolutions or ordinances as may be passed by the Common Council, relating to the running of said cars over the said road; and THIRD AVENUE RAILROAD. 561 Further, That they run a car thereon, each and every day, both ways, as often as every fifteen minutes, from 5 to 6 o'clock, A.M.; every four minutes, from 6 o'clock, A. M., to 8, p. M. ; every fifteen minutes, from 8, p. M., to 12, M., and as much oftener as public convenience may require, under such directions as the Common Council, may, from time to time, prescribe ; also, That the said passage on said railroad shall not exceed a greater sum than five cents for any distance, between the southern point of said rail- road, and Sixty-first street ; and six cents for the entire length of said railroad ; and also, That said track, or tracks, shall be laid upon a good foundation, with a grooved rail, or such other rail as may be approved of by the Common Council and the Street Commissioner, even with the surface of the streets through which they may pass, and shall be commenced within six months, and completed to Forty-second street, within one year from the passage of this resolution ; and from Forty-second street, toward and to the Har- lem river, as fast as the Third avenue shall be graded, and in a proper condition to lay rails thereon. 2. Resolved, That said parties have the consent of the Common Coun- cil, and permission is hereby given to them to connect their said railroad, at the junction of the Bowery and Grand street, with the Second Ave- nue Railroad, if constructed ; and said parties, and those to whom per- mission may be given by the Common Council, to lay a railroad through the Second avenue, shall have the free use in common of the double track from said junction, through the Bowery to Chatham street ; and of one of the tracks to be laid from the southerly termination of the Bowery, through Chatham street to Pearl street ; each of said parties to pay one-half the expense of constructing and keeping in repair the double and single track, so to be used by them in common. Either of said parties to have the right to construct said double and single track, so to be used in common, and if constructed by either, the other of said parties shall pay one-half the actual cost thereof; or said parties may, by mutual agreement, construct the same jointly. 3. Resolved, That in consideration of the good and faithful performance of the conditions, stipulations and agreements above prescribed, and of such other necessary requirements as may hereafter be made by the Com- mon Council, for the regulations of the said railroad, the said parties shall pay, from the date of opening the said railroad, the annual license fee for each car now allowed by law, and shall have licenses accordingly. 562 SECOND AVENUE RAILROAD. 4. Resolved, That within a reasonable time after the passage of these resolutions, the said parties, or a majority in interest thereof, may form themselves into an association, which shall be vested, with all the rights and privileges hereby granted ; and shall have power, by the votes of at least a majority in interest of the associates, to frame and establish ar- ticles of association, providing for the construction, operation and ma- nagement of said railroad, and to make contracts for the purchase of property, for the use or benefit of said railroad. 5. Resolved, That the association shall not be deemed dissolved, by the death or act of any associate, but his successor in interest shall stand in his place, and the rights of each associate shall depend on his own ful- fillment of the conditions imposed on him by these restrictions, or the articles of association and by-laws of the association ; and in case of his failure to fulfill the same, his rights shall be forfeited to, and devolve upon the remaining associates, after twenty days' notice of such failure, from the secretary of the association, specifying the particulars of his de- linquency ; and said parties or associates may, at any time, incorporate themselves, under the general railroad act, whenever two-thirds in in- terest of the associates shall require it. (Res. Dec. 31, 1852 ). Resolved, That the time within which, by the provisions of the grant dated January 1,1853, authorizing the construction of the Third Avenue Railroad, the grantees in said grant named, and their assigns were per- mitted to lay down a double track in the Bowery, south of Fifth street, and along Park row, be, and the same is hereby extended until the ex- piration of three months after such time as the Third Avenue Railroad Company shall be deprived by the New York and Harlem Railroad Company, of the privilege now enjoyed by the Third Avenue Railroad Company, of running their cars over the tracks of the New York and Harlem Railroad Company. (Res. Dec. 9, 1853;. THE SECOND AVENUE RAILROAD. Resolved, That permission is hereby given to Denton Pearsall, Joseph C. Skadon, Abraham B. Rapelyea, Wm. L. Hall, R. T. Mulligan, Charles Miller, Daniel J. Sherwood, Abraham Allen and Henry Gofif, to lay a grooved railroad track in the following streets and avenues of the city of New York, viz : Commencing at a point in the Second avenue* at or near to Forty-second street, thence running down the Second ave~ SECOND AVENUE RAILROAD. 563 nue to Twenty-third street with a double track ; through Twenty-third street, with a single track, to the First avenue ; down First avenue to Allen street ; through Allen street to Grand street ; through Grand street to the Bowery ; down the Bowery to Chatham street ; across Chatham street to Oliver street ; through Oliver street to South street ; through South street to Eoosevelt street ; across Roosevelt street to Front street ; through Front street to Peck slip, the terminus. Return- ing, with a single track, as follows : Through Peck slip to Pearl street ; through Pearl street to Chatham street ; through Chatham street to the Bowery ; through the Bowery to Grand street ; through Grand street to Chrystie street ; through Chsystie street to the Second avenue, to Twen- ty-third street, where it intersects the double track, and so on to its ter- mination, opposite the Harlem river, with a double track. Provided, however, That all the said rails shall be laid down in such manner, and in such parts of the said streets and avenues as shall be ap- proved by the Street Commissioner, so as to cause no impediment to the common and ordinary use of the streets and avenues for all other pur- poses ; and that the water courses of the streets shall be left free and un- obstructed, and that the said company shall pave the streets in and about the rails in a permanent manner, and keep the same in repair to the entire satisfaction of said Street Commissioner. And, provided further, That no motive power, except horses, be used below Forty-second street ; and, further, that they run a car on said road, for the convenience of public travel, each and every day, both ways, as often as every fifteen minutes, from 5 to 6 o'clock, A. M. ; every four* min- utes, from 6 o'clock, A. M. to 8 o'clock, p. M. ; every fifteen minutes, from 8 o'clock, P. M. to 12 o'clock, p. M., and every thirty minutes, from 12 o'clock, p. M. to 5 o'clock, A. M., and as much oftener as public conve- nience may require, under such directions as the Common Council may, from time to time, prescribe. Also, that the rate of passage on said railroad shall not exceed a greater sum than five cents to Forty-second street ; and also, that the Common Council shall have power to regulate the fare for the entire length of said road, when it shall be completed to Harlem river. Also, that said road shall be commenced within six months, and com- pleted to Forty-second street within one year, and from Forty-second street to Harlem river within three years from the passage of this reso- lution. 564 NINTH AVENUE RAILROAD. Resolved, That the said parties shall, in all respects, comply with the direction of the Street Commissioner, and of the Common Council, in the building of said railroad, and in the running of the cars thereon, and in any other matter connected with the regulation of said railroad. Resolved, That the said parties shall, before this permission takes ef- fect, enter into a good and sufficient agreement with the Mayor, Alder- men and Commonalty of the city of New York, to be drawn and ap- proved of by the Counsel to the Corporation, binding themselves to abide by and perform the stipulations and provisions herein contained, and also all such other regulations or ordinances as may be passed by the Common Council, relating to the said road. (Res. Dec. 11, 1852;. Resolved, That the route of the Second Avenue Railroad be, and the same is hereby changed from Front street, between Roosevelt street and Peck slip to South street, between the same points. (Resolution, July 20, 1853). THE NIXTII AVENUE RAILROAD. Resolved, That the Common Council do hereby grant the right and privilege to James Murphy, William Radford and Miner C. Story, and their respective assigns, and to those they may associate with them, to construct a railroad from Fifty-first street to the Battery, and back, in and through the following streets, viz : With a double track from Fifty-first street through the Ninth avenue to Gansevoort street; thence by a single track through Greenwich street to the Battery ; and by a single track through Gansevoort street to Washington street, and through Washington street to the Battery, and through Battery place, between Greenwich and Washington streets, to connect the said single tracks. And also, to run cars for the convey- ance of passengers, &c., upon said road each and every day, at such times as they may think proper, subject to provisions hereinafter named. Provided, said railroad shall be constructed in all respects after the manner of the' construction of the Eighth avenue railroad. Provided, That in no case steam power be used on any part of said railroad ; and also, Provided, That the said grantees shall begin the construction of said railroad on or before the 1st day of May next, and shall complete the same, and commence running cars thereon, within eighteen months there- after ; and also, NINTH AVENUE RAILROAD. 565 Provided, That the said grantees shall run cars upon the road so con- structed, each way, between Fifty-first street and the Battery, every day, as often as every fifteen minutes from five to six A. M. ; and every four minutes from six A. M. to eight p. M. ; every, fifteen minutes from eight p. M. to twelve M., and as much oftener as public convenience may require, under such direction as the Common Council may, from time to time, prescribe ; and Provided, That no more than five cents be charged for each passenger, riding over the whole, or any portion of the distance of said road ; and also Provided, That said grantees shall keep the space between the tracks, and the space for two feet each side of the same, at all times, in thorough repair ; and also, Provided, That the said cars shall be licensed by the Mayor, and the grantees shall pay the annual fee of twenty dollars per car for such li- cense ; and Also, The said grantees and their associates and assigns, shall have the privilege to organize a joint stock association, either with or with- out incorporation, to carry out the objects of this grant, and a majority in interest of the grantees, their assigns and associates, shall have the control, management and direction of the road, and the business thereof; and should any or either of the grantees or their associates, or of the shareholders, neglect to pay their respective proportion of the money re- quired for carrying into full effect the grant hereby made, when by such majority thereunto required, the others shall be at liberty to make such payment ; and this grant shall enure to the benefit of those who pay in the proportion of their respective contributions. These resolutions, shall be certified by said grantees above-named ; and a copy thereof signed by them shall be deemed the agreement between the Mayor, Aldermen and Commonalty of the city of New York, and said associates ; and shall be sufficient, in all respects, to give and grant to the said grantees, their associates and assigns aforesaid, the right and privilege above-mentioned, and bind them to conform to the directions herein contained. And also provided, that said railroad shall be continued from Fifty- first street along the Ninth avenue to the Bloomingdale road, thence along the Bloomingdale road to th3 Tenth avenue ; thence along the Tenth avenue to the Harlem river, whenever required by the Common Council, and as soon and as fast as said avenues are graded (Resolu- tion, Dec. 28,1853). C O N TRACTS GASLIGHT COMPANIES NEW YORK GASLIGHT COMPANY'S CONTRACT. ARTICLES OF AGREEMENT, indented, made and concluded this twelfth day of May, in the year of our Lord, one thousand eight hundred and twenty three, between the Mayor, Aldermen and Commonalty of the city of New York, of the first part, and the New York Gaslight Company r of the second part, WITNESSETH : that the said parties of the first part> for and in consideration of the covenants, articles and agreements here- inafter mentioned, on the part of the said parties of the second part, and their successors, to be observed, performed and kept, do hereby grant, demise and to farm let, to the said parties, of the second part, and their successors, all and singular the sole and exclusive privilege and right of laying or placing under ground, pipes in all and every of the public streets and parts of streets, of the city of New York, lying and being south of a line commencing at the East river, at the foot of Grand street, and running through Grand street to Sullivan street, and through Sulli- van street to Canal street, and through Canal street to the North or Hud- son river, for conducting gas, for lighting the public lamps in the streets and parts of streets, south of said rlne, and the houses and buildings, fronting or to front on, or bounded by or adjacent to the streets or part of streets south of said line. To HAVE AND TO HOLD and to enjoy the same unto the said parties of the second part, and their successors, from the day of the date of these presents, for and during and until the 12th day of May, which will be in the year of our Lord one thousand eight hundred and fifty -three, Provided, nevertheless, and this grant is upon this express condition, that the said parties of the second part, and their successors shall and do in all things well and sufficiently keep, perform and observe all and sin- gular the covenants, articles, agreements and stipulations on their part to be kept, performed and observed as hereinafter is set forth and agreed. CONTRACTS WITH GASLIGHT COMPANIES. 567 And the said parties of the second part, in consideration of the pre- mises, do for themselves and their successors covenant and agree to and with the said parties of the first part, and their successors, as follows: that is to say, that they," the said parties of the second part, shall and will, before the twelfth day of May, in the year of our Lord, one thou- sand eight hundred and twenty-five, erect, establish and complete in the said city of New York, good and sufficient buildings, works and appa- ratus for the preparing and manufacture of gas, and that they will also cause the pipes for conducting the same, and of sufficient capacity, to be laid, and will also manufacture or cause to be manufactured and supplied in the most improved manner, sufficient quantities of the best quality gas, commonly called inflammable gas, for lighting the houses and public lamps in the street called Broadway, in the said city, from the Battery to Grand street, in the manner hereinafter mentioned ; AND ALSO MOREOVER, that they, the said parties of the second part, shall and will at all times from and after the twelfth day of May, in the year of our Lord, one thou- sand eight hundred and twenty-eight, and during the residue of the term of this grant, in like manner cause the pipes of sufficient capacity for conducting the said gas to be laid; and will also manufacture, or cause to be manufactured and supplied in the most approved manner, sufficient quantities of the said gas, of the best quality, for well and sufficiently lighting the streets, parts of streets and public places, and the public lamps and houses adjoining, or to adjoin all and singular the streets and parts of streets lying in the said city, south of the aforesaid line, at such periods as the said parties of the first part shall, from time to time, after the said twelfth day of May, in the year of our Lord one thousand eight hundred and twenty-eight, by resolution or by law reasonably re- quire, of the said parties of the second part. And that all such pipes to be furnished by the said parties of the second 'part, and placed under ground for the purpose of conducting the said gas in all or either of the said streets, or parts of streets, shall be made and constructed in the most approved manner, of cast-iron and of the best materials ; and also, that the said parties of the second part, shall and will light such and so many of the public lamps with the best quality of gas as are in the streets, or parts of streets of the said city, south of the aforesaid line, whenever they may be required to light the same, or any] number of the same, by the said parties of the fitst part, or their successors ; the said lamps to be lighted during such times as the public lamps are now required to be lighted, and in the streets or parts of streets in which the pipes for conducting gas shall be laid ac- 568 CONTRACTS WITH GASLIGHT COMPANIES. cording to these presents, at a yearly expense to the said parties of the first part, not exceeding what would be the expense of lighting and supplying an equal number of the said lamps with oil of the quality generally used for that purpose, estimating the price of oil at the average price of the same in the city of New York during the preceding year. AND FURTHER, That the said parties of the second part, shall likewise furnish at their own expense the necessary conductors of metal of suffi- cient capacity to the lamp posts, that the lights of the said lamps shall be of a quality, brilliancy, or intensity, equal to the gas in use for the public lamps in the city of London ; the said parties of the first part r however, to be at the expense of lamps, lamp irons, and lamp posts, and fittings up, and at no other expense for fixtures, conductors, repairs, or on any other account whatsoever. And also, that the parties of the second part shall and will, at all times give forty-eight hours' notice to the said parties of the first part, or to their Street Commissioner, of their intention to break up, or open any street, or part of a street, for the purpose of laying or repairing the pipes to conduct the gas ; and that they will replace the earth which they may remove in so doing, before sunset of the day on which such opening shall be made, and that they will replace the pavements, and re- pave and repair the same, in such reasonable time and manner as the said parties of the first part, or their Street Commissioner, may direct, and in as good and firm a manner as the streets were in before being broken up for the'aforesaid purpose ; and further, that all such repairs as shall, at any time, become necessary by reason of the said pipes or conductors, shall always be made and done by the said parties of the second part, at their own cost and expense. And also, that the said parties of the second part will so conduct their manufactory or manufactories of gas as not to create a nuisance, and that they will in all things be governed by such reasonable and necessary rules and regulations as the said parties of the first part, or their suc- cessors, may, from time to time pass, ordain and establish, relative to the opening of streets, and laying down the pipes and conductors afore- said. Provided, always, that nothing in this grant contained shall be con- strued to prevent any person or persons residing on, adjacent, or near to any of the said streets or parts of streets in the said city, south of the aforesaid line, from erecting in or on his or their own premises, any CONTRACTS WITH GASLIGHT COMPANIES. 569 building or apparatus to light with gas his or their own house or manu- factory ; and, Provided further, and the premises hereby granted, are also upon this express condition, any thing herein contained to the contrary, notwith- standing, that if the said parties of the second part, or their successors, shall not well and faithfully observe, perform, fulfill, and keep all and singu- lar the covenants and conditions above contained, on their part and behalf to be observed, performed, fulfilled and kept according to the true intent and meaning of these presents, then and in that case it shalFand may be lawful for the said parties of the first part, in Common Council convened, by a resolution or order to annul and vacate this grant, and thereupon the premises hereby demised shall be revested in the said parties of the first part, or their successors, as fully and completely as if this indenture had never been executed. In witness whereof, to one part of this indenture remaining with the said parties of the first part, the said parties of the second part, have caused the common seal of the said The New York Gaslight Company to be affixed ; and to the other part thereof remaining with the said par- ties of the second part, the said parties of the first part have caused the common seal of the city of New York to be affixed, the day and year first above written. By the Common Council. [L. S.] ' STEPHEN ALLEN. J. MORTON, Clerk. SAMUEL LEGGETT, President of the New York Gaslight Company. MANHATTAN GAS LIGHT COMPANY'S CONTRACT. THIS INDENTURE, made this eighth day of May, A.D., 1833, between the Mayor, Aldermen and Commonalty of the city of New York, of the first part, and the Manhattan Gas Light Company of the second part, witnesseth: That the said parties of the first part, for and in consideration of the covenants, articles and agreements hereinafter mentioned, on the part of the said parties of the second part, and their successors, to be observed, performed and kept, do hereby grant and demise to the said parties of the second part, and their successors, the privilege and right to lay or place under ground, pipes in any or all of the streets, avenues 37 570 CONTRACTS WITH GASLIGHT COMPANIES. and public places of the city of New York, lying and being north of a line commencing at the East River, at the foot of Grand street, and running through Grand street to Sullivan street, and through Sullivan street to Canal street, and through Canal street to the North or Hudson river, and in every or any part of such street, avenue or public place, for the purpose of conducting gas, commonly called inflammable gas, for lighting the public lamps in the said streets, avenues and public places, and parts thereof, as hereinafter mentioned, and for lighting the houses or buildings fronting or to front on, or bounded by or adjacent to the said streets, avenues and public places, or parts thereof; to have, hold, use and enjoy the said right and privilege, unto the said parties of the second part, and their successors, from the day of the date of these pres- ents, until the twelfth day of May, which will be A.D., 1853 ; provided, always, and these presents are upon this express condition, that they, the said parties of the second part, and their successors, shall and do, in all things, well and sufficiently keep, perform and observe, all and singular the covenants, articles, provisions, agreements and stipulations on their part to be kept, performed and observed, as hereinafter specified. And the said parties of the second part, in consideration of the premises, do, for themselves and their successors, covenant and agree to and with the said parties of the first part, and their successors, as fol- lows, that is to say : that any gas house or works, for the manufactory of such gas, to be erected or established by the said parties of the second part in the city of New York, shall be so erected and established on the margin either of the Hudson or of the East river, not south of Four- teenth street in the said city ; and that all pipes for conducting the same which the said parties of the second part may cause to be laid, shall be of sufficient capacity, and made and constructed of the best materials of cast iron, and in the most approved manner ; also, that from all such main pipes as they may lay or cause to be laid by virtue of the right and privilege hereby granted, they will supply with gas, and cause to be lighted, such and so many of the public lamps opposite or adjacent to such main pipes, as they may, from time to time, be required to do by the said parties of the first part ; and that the said lamps shall be so lighted during such times as the public lamps throughout the city of New York are required to be lighted by the regulation of the said par- ties of the first part ; and that all such public lamps situated north of the line aforesaid, and south of the line of Sixth street, which the par- ties of the first part may require to be so supplied with gas, and lighted as aforesaid, shall be so supplied and lighted by the said parties of the CONTRACTS WITH GASLIGHT COMPANIES. 571 second part at a yearly expense to the parties of the first part, not ex- ceeding fifteen dollars for supplying each of such lamps with gas, and lighting the same. And it is further agreed, that the said parties of the second part shall furnish at their own expense, the necessary conductors of metal of sufficient capacity to the lamp posts of such public lamps as they may be required to supply with gas and light as aforesaid ; and that the light of the said lamps shall be of a quality, brilliancy or inten- sity equal to the gas in use for the public lamps in the city of London. It is understood, however, that the parties of the first part, are to be at the expense of such lamps, with their lamp-irons, lamp-posts and fittings up, but at no other expense for fixtures, conductors, repairs, or on any other account whatsoever for the same. And it is further agreed, that the said parties of the second part shall, at all times, give forty-eight hours' notice to the said parties of the first part or their Street Commis- sioner of their intention to break up or open any street, avenue or public place or part thereof, or to remove any part of the pavement therefrom, for the purpose of laying or repairing the pipes to conduct the said gas, and that they will replace the earth which they may remove in so doing, before sunset of the day on which such opening shall be made, and that they will replace the pavement and repave and repair the same in such reasonable time and manner as the said parties of the first part, or their Street Commissioner may direct, and in as good and firm a manner as such streets, avenues or public places or parts thereof were in before be- ing broke up for the purpose aforesaid. Also, that all such repairs as shall at any time become necessary by reason of laying the said pipes or conductors, shall be made and done by the said parties of the second part, at their own cost and expense. Also, that no such street, avenue or public place or part thereof, shall be so broken up or opened, or the pavement thereof removed, or shall be again filled up or repaired, or such pavement replaced, except under the direction and supervision of a competent person to be appointed by the said Street Commissioner, and who shall be considered as in the employ of the said parties of the first part ; but who shall be paid for his services by the said parties of tb second part, such sum as the said Street Commissioner may direct, not exceeding one dollar and fifty cents per diem, for each day that he may be so employed. Also, that no such street, avenue or public place or part thereof, shall be so broken up or opened, or the pavement thereof removed at any time between the first of December and the first of March, during the continuance of the term mentioned in these presents, 572 CONTRACTS WITH GASLIGHT COMPANIES. without the consent of the said Street Commissioner being first obtained for that purpose. And it is farther agreed, that the said parties of the second part shall and will so conduct their manufactory or manufactories of gas as not to create a nuisance ; and that they will, in all things, be governed by such reasonable and necessary rules and regulations as the said parties of the first part or their successors, may, from time to time, pass, ordain and es- tablish, relative to the opening of such streets, avenues or public places, or parts thereof, and laying down the pipes and conductors aforesaid. And it is hereby expressly provided that nothing herein contained, shall be construed or deemed as granting to the said parties of the second part, any sole or exclusive right or privilege, or as preventing the said parties of the first part from granting the like privileges as are hereby given to the said parties of the second part, to any other company, per- sons or parties whatsoever, or as preventing any person or persons resid- ing in, or adjacent, or near to any of the said streets, avenues or public places, or parts thereof, lying north of the line hereinbefore first mention- ed, from erecting in or upon his or their own premises any building or apparatus, to light with gas, his or their own house, store, manufactory or premises. And it is further provided, and these presents are upon the express condition, that if the said parties of the second part or their successors, shall not well and truly observe, perform, fulfill and keep all and singular, the covenants and conditions hereinbefore contained, on their part and behalf to be observed, performed, fulfilled and kept, according to the true intent and meaning of these presents, then and in that case, it shall and may be lawful for the said parties of the first part, by a reso- lution or order to be passed in Common Council, to annul and vacate this grant, and thereupon the premises hereby demised shall be re-vested in the said parties of the first part, or their successors, as fully and com- pletely as if this indenture had never been executed. In witness whereof, to one part of this indenture, remaining with the said parties of the first part, the said parties of the second part, have caused the common seal of the said the Manhattan Gas Light Company to be affixed, and to the other part thereof, remaining with the said par- ties of the second part, the said parties of the first part have caused the common seal of the city of New York to be affixed the day and year above written. [L. S.] LAMBERT SUYDAM, President M. G. L. Co CONTRACTS WITH GASLIGHT COMPANIES. 573 MANHATTAN GASLIGHT COMPANY'S CONTRACT. THIS INDENTURE, made the first day of May, in the year of our Lord one thousand eight hundred and forty-eight, between the Mayor, Alder- men and Commonality of the city of New York, of the first part, and the Manhattan Gaslight Company of the second part, witnesseth: That the said parties of the first part, for and in consideration of the covenants, articles and agreements, hereinafter mentioned on the part of the said parties of the second part, and their successors, to be observed, performed and kept, do hereby grant and demise, to the said parties of the second part, and their successors, the privilege and right to lay or place under ground, pipes in any or all the streets, avenues, and public places of the city of New York, comprised between a line commencing at the East river, at the foot of Grand street, and running through the middle of Grand street, to Sullivan street, and through the middle of Sullivan street, from Grand street to Canal street, and through the middle of Canal street, from Sullivan street to the North or Hudson river, and a line com- mencing at the East river, at the foot of Forty-second street, on the north side thereof, and running parallel with said street to the North or Hudson river, and embracing both sides of said street, and in any, or every part of any such street, avenue, or public place, for the purpose of conducting gas, commonly called inflammable gas, for lighting the public lamps, in the said streets, avenues and public places and parts thereof, as hereinafter mentioned, and for lighting the houses and buildings, front- ing, or to front on, or bounded by or adjacent to the said streets, avenues and public places, or parts thereof. To have, hold, use and enjoy the said right and privilege, with the said parties of the second part, and their successors, from the day of the date of these presents, until the fifth day of May, which will be in the year one thousand eight hundred and sixty-eight; provided always, and these presents are upon this express condition, that they, the said parties of the second part, and their suc- cessors, shall and do, in all things well and sufficiently keep, perform and observe all and singular, the covenants, articles, agreements, provisions stipulations, on their part, to be kept, performed, and observed, as here- inafter specified. And the said parties of the second part, in considera- tion of the premises, do for themselves and their successors, covenant and agree, to and with said parties of the first part, and their successors, as follows, that is to say: that any gas- house, or works for the manufactory of such gas, which the said parties of the second part, hereafter may use, or erect and establish in the city of New York, shall be located, erected and established, on the margin of either the Hudson or the East river 574 CONTRACTS WITH GASLIGHT COMPANIES, and not south of Fourteenth street, in the said city, and that all pipes for conducting the gas, which the parties of the second part may cause to be laid, shall be of sufficient capacity, and made and constructed of the best materials, of cast iron, and in the most approved manner. That the said parties of the first part, shall have the right to order the pipes called the mains of the company to be extended in and along all the streets, avenues, and public places in the said city, within the limits aforesaid, commencing at Grand and Canal streets, and continuing through each street in regular succession. Provided, however, that the said parties of the second part, shall not be compelled to expend in the laying of said mains, as last aforesaid, during the continuance of this contract, a yearly sum to exceed six thousand dollars. Also, that the said parties of the second part shall fit up and light all the public lamps required by the Corporation, wherever the pipes of the company are or shall be laid, within the district aforesaid, and that the said lamps shall be so lighted during such times as the public lamps throughout the city of New York are required to be lighted by the regulations of the said parties of the first part; and that all such public lamps, situated within the district aforesaid, which shall be required by the Corporation as aforesaid, shall be so supplied and lighted by the said parties of the second part, at the yearly rate of fifteen dollars for each lamp for the light, and for lighting and extinguishing the same. Also, that the said parties of the first part may direct and require, by notice to that effect, that all or any portion of the said public lamps, shall be lighted, and kept burning at any other time or times during the continuance of this contract ; and the said parties of the second part, shall light the same, and continue them burning in accordance with any and every direction of the said parties of the first part, or their proper agent or agents, to that effect ; provided that if, in compliance with the direction of the said parties of the first part, the whole number of hours, during which the said lamps, or a portion of them are kept burning in any year, shall exceed the average number of hours during which the public lamps in the city of New York have been kept burning during the last five years, prior to the date of this contract (which the parties hereto estimate to be and fix at two thousand three hundred hours,) then, in that case, the said parties of the second part shall be entitled to claim and receive, for such additional number of hours during which the public lamps, or a portion of them, in the district aforesaid, are kept burning, in accordance with such directions of the said parties of the first part, an additional com- pensation equivalent to a pro rata increase of the compensation herein- CONTRACTS WITH GASLIGHT COMPANIES 575 before allowed, proportioned to the increased number of hours beyond the said average number. The burners in the public lamps shall be equal to those heretofore used in the city of New York, equal to an average consumption of three cubic feet per hour. And it is fort her agreed, that the said parties of the second part shall furnish, at their own expense, the necessary con- ductors of metal of sufficient capacity to the lamp posts of such jublic lamps, as they may be required to supply with gas and light as aforesaid. The parties of the second part, shall also fit up the said public lamps, and shall receive, as compensation therefor, the sum of five dollars for each lamp so fitted up. It is agreed, however, that the cost of the posts, lanterns and repairs shall be at the expense of the said parties of the first part ; and it is further agreed, that the said parties of the second part, shall have the right to lay pipes at any time within the said district, upon giving forty-eight hours' notice to the said parties of the first part, or to the Street Commissioner, of their intention to break up or open any street, avenue or public place, or part thereof, or to remove any part of the pavement thereof for the purpose of laying or repairing the pipes to conduct the said gas, and that they will replace the earth which they may remove in so doing, before sun-set of the day in which such opening shall be made, and that they will replace the pavement, and repave and repair the same, in such reasonable time and manner as the said parties of the first part, or their Street Commissioner may direct, and in as good and firm a manner as such street, avenue, or public places, or parts thereof, were in before being broken up for the purpose aforesaid. Also, that all such repairs as shall at any time become necessary, by reason of laying the said pipes, or conductors, shall be made and done by said parties of the second part, at their own cost and expense. Also, that no such street, avenue or public place, or part thereof, shall by so broken up or opened, or the pavement thereof removed, or shall be again filled up or repaved except under the direction and supervision of a competent person, to be appointed by the said Street Commissioner; but the said parties of the second part shall not be called upon to pay any sum to any party or parties, for the inspection of any pavement which they may have occasion to replace. And it is further agreed, that the said parties of the second part, shall and will so conduct the manufactory or manufactories of gas, as not to create a nuisance, and that they will in all things be governed by such reasonable and neces- sary rules and regulations, as the said parties of the first part, or their successors, may from time to time pass, ordain and establish, relative to 576 CONTRACTS WITH GASLIGHT COMPANIES. the opening of such streets, avenues, or public places, or parts thereof, and laying down the pipes and conductors aforesaid. And it is hereby expressly provided, that nothing herein contained, shall be construed or deemed as granting to the said parties of the second part, any sole or exclusive right or privilege, or as preventing the said parties of the first part from granting the like privileges as are hereby given to the said parties of the second part to any other company, persons or parties whatsoever, or as preventing any person or persons residing in or adja- cent, or near to any of the said streets, avenues, or public places, or parts thereof, lying north of the line hereinbefore first mentioned, from erecting in or upon his or their own premises, any building or apparatus, to light with gas his or their own house, store or manufactory, or premises. And it is further covenanted and agreed, by and on the part of the said parties of the first part, that the said parties of the first part and their successors shall and will pass all needful ordinances, which shall be necessary to protect the interests of the said parties of the second part, and which of right ought to be passed for that purpose. And it is further provided, and these presents are upon the express condition, that if the said parties of the second part, or their successors, shall not well and truly observe, perform and fulfill, and keep all and singular, the covenants and conditions, hereinbefore contained, on their part and behalf to be observed, performed, fulfilled, and kept, according to the true intent and meaning of these presents, then, and in that case, it shall and may be lawful for said parties of the first part, by a resolu- tion or order to be passed in Common Council, to annul and vacate this grant ; and thereupon the premises hereby demised shall be re-vested in the said parties of the first part, or their successors, as fully and com- pletely as if this indenture had never been executed. In witness whereof, to one part of this indenture remaining with the said parties of the first part, the said parties of the second part have caused the common seal of the said the Manhattan Gaslight Company to be affixed ; and to the other part thereof remaining with the said parties of the second part, the said parties of the first part have caused the com- mon seal of the city of New York to be affixed, the day and year above written. Signed, [i, s .] W. V. BEADY, Mayor. By the Common Council, Signed, D. T. VALENTINE, Clerk, C.C. CONTRACTS WITH GASLIGHT COMPANIES. 577 To the counterpart, held by the Corporation of the city, is attached the common seal of the Manhattan Gaslight Company, verified by the signatures respectively of the President, [L. s.J DAVID C. GOLDEN, And Secretary, S. H. HOWARD. HARLEM GASLIGHT COMPANY'S CONTRACT. THIS INDENTURE, made this twentieth day of May, in the year of our Lord, one thousand eight hundred and fifty-eight, between the Mayor, Aldermen and Commonalty of the city of New York, parties of the first part, by Edward Cooper, their Street Commissioner, and the Harlem Gaslight Company, of said city, parties of the second part, witnesseth : That the said parties of the first part, for, and in consideration of the covenants, articles and agreements hereinafter mentioned on the part of the said parties of the second part, and their successors, to be observed, performed and kept, do hereby grant and demise to the said parties, of the second part, and their successors, the privilege and right to lay or place under ground pipes in any and all of the streets, avenues and public places of the city of New York, comprised between a line com- mencing at the centre of Seventy-ninth street, at the East river, running thence through the centre of said Seventy-ninth street to the North or Hudson river, thence along said river to the northern boundary of the city and county of New York, thence along said northern boundary of the city and county of New York to the East river, and thence along said East river to the point of beginning, and in every part of any street, avenue or public place comprised within said limits, for the purpose of conducting gas for lighting the public lamps in the said streets, avenues, and public places and parts thereof as hereinafter mentioned, and for lighting the houses and buildings fronting, or to front on, or bounded by or adjacent to the said streets, avenues and public places or parts thereof, to have and to hold, use and enjoy the said right and privilege unto the said parties of the second part, and their successors, from the 6th of November, one thousand eight hundred and fifty-seven, until the 6th of November, which will be in the year one thousand eight hundred and fifty-eight. Provided always, and these presents are upon this express condition, that they, the said parties, of the second part, and their successors, shall and will in all things well and sufficiently keep, perform and observe all 578 CONTRACTS WITH GASLIGHT COMPANIES. and singular, the covenants, articles, agreements, provisions and stipu- lations on their part, to be kept, performed and observed, as herein- after specified. And the said parties of the second part, in consideration of the pre- mises, do, for themselves and their successors, covenant and agree to and with the said parties, of the first part, and their successors, as follows : that is to say, that any gas-house or work for the manufacturing of such gas which the said parties of the second part, hereafter may use or erect and establish in the city of New York shall be located, erected, or es- tablished on the margin of either the Hudson or North river, or the East or Harlem river, in the said city, and that all pipes for conduct- ing the gas which the said parties of the second part may cause to be laid, shall be of sufficient capacity and made and constructed of the best materials of cast-iron, and in the most approved manner . That the said parties of the first part shall have the right to order the pipes called the mains of the company to be extended in and along all the streets, avenues, and public places in the said city within the limits aforesaid, commencing at the foot of Seventy-ninth street and the East river, and continuing through such street in regular succession, pro- vided, however, that the said parties of the second part shall not be compelled to expend in the laying of said jnains, as last aforesaid, during the continuance of this contract, a yearly sum to exceed six thousand dollars. Also, that the said parties of the second part shall fit up and light all the public lamps required by the Corporation, wherever the pipes of the company are, or shall be laid within the district aforesaid, and that the said lamps shall be so lighted during such times as the public lamps throughout the city of New York are required to be lighted by the regulations of the said parties of the first part, and that all such public lamps situated within the district aforesaid, which shall be required by the Corporation as aforesaid, shall be so supplied and lighted by the said parties of the second part, at the yearly rate of twenty-eight dollars and eighty cents for each lamp, for the light and for lighting and extin- guishing the same, and for keeping the lanterns clean ; also that the said parties of the first part may direct and require, by notice to that effect, that all or any portion of said public lamps shall be lighted and kept burning at any other time or times during the continuance of this con- tract; and the said parties of the second part shall light the same, and continue them burning in accordance with any and every direction of CONTRACTS WITH GASLIGHT COMPANIES. the said parties of the first part, or their proper agent or agents to that effect. Provided that if, in compliance with the direction of the said parties of the first part, the whole number of hours during which the said lamps or a portion of them are kept burning in any year, shall ex- ceed the average number of hours during which the public lamps have been kept burning for three years prior to the date of this contract, (which the parties hereto fix at three thousand eight hundred hours,) then, and in that case, the said parties of the second part shall be enti- tled to claim and receive for such additional number of hours during which the public lamps, or a portion of them, in the district aforesaid are kept burning, in accordance with such direction of the said parties of the first part, an additional compensation equivalent to a pro-rata in- crease of the compensation hereinbefore allowed, proportioned to the increased number of hours beyond the said average number. The burners in the public lamps shall be equal to those heretofore used in the city of New York, equal to an average of consumption of three cubic feet per hour. And it is further agreed that the said parties of the second part shall furnish, at their own expense, the necessary conductors of metal of suf- ficient capacity to the lamp-posts of each public lamp, as they may be required, and will make all necessary connections with such conductors and the street mains to supply with gas and light as aforesaid, and will furnish the burner to each lamp-post, such burner to consume three (3) cubic feet of gas per hour. The parties of the second part shall also fit up the said public lamps, and shall receive as compensation therefor the sum of nine dollars and thirty-five cents for each lamp so fitted up. It is agreed, however, that the cost of the posts, lanterns and repairs shall be at the expense of the said parties of the first part, and that said posts, lanterns, &c., are to be delivered to the said parties of the second part, by the said parties of the first part, at the works of said Company, foot of One hundred and eleventh street, Harlem river. And it is further agreed that the said parties of the second part shall have the right to lay pipes at any time within the said district upon giving forty-eight hours' notice to the said parties of the first part, or to the Street Commissioner of said city of their intention to break up or open any street, avenue or public place, or part thereof, or to remove any part of the pavement thereof for the purpose of laying or repairing the pipes to conduct the said gas; and that they will replace the earth which they may remove in so doing before sunset of the day on which such opening shall be made, 580 CONTRACTS WITH GASLIGHT COMPANIES. and that they will replace the pavement, and repave and repair the same in such reasonable time and manner as the said parties of the first part, or the Street Commissioner of said city may direct, and in as good and firm a manner as such streets, avenues, or public places or parts thereof were in before being broken up for the purpose aforesaid. Also, that all such repairs as shall, at any time, become necessary by reason of laying the said pipes or conductors, shall be made and done by the said parties of the second part at their own cost and expense. Also, that no such street, avenue, or public place or part thereof, shall be so broken up or opened, or the pavement thereof removed, or shall be again filled up or repaired, except under the direction and supervision of a competent person to be appointed by the Street Commissioner of said city ; but the said parties of the second part shall not be called upon to pay any sum to any party or parties for such inspection, where, however, any pavement is to be removed or replaced ; iti such case notice is to be given to the Croton Aqueduct Department. And it is further agreed that the said parties of the second part shall and will so conduct the manufacture and manufactories of gas as not to create a nuisance ; and that they will, in all things, be governed by such reasonable and necessary rules and regulations as the said parties of the first part or their successors may, from time to time, pass, ordain and es- tablish, relative to the opening of such streets, avenues or public places or parts thereof, and laying down the pipes and conductors as aforesaid. And it is hereby expressly provided that nothing herein contained shall be construed or deemed as granting to the said parties of the second part any sole or exclusive right or privilege, or as preventing the said parties of the first part from granting the like privileges as are hereby given to the said parties of the second part, to any other company, persons or parties whatsoever, or as preventing any person or persons residing on or adjacent or near to any of the said streets, avenues, or public places or parts thereof, lying north of the line hereinbefore mentioned, from erecting on or upon his or their own premises, any building or apparatus to light with gas his or their own house, store, manufactory or premises. And it is further covenanted and agreed, by and on the part of the said parties of the first part, that the said parties of the first part and their successors, shall and will pass all needful ordinances which shall be neces- sary to protect the interests of the said parties of the second part, and which of right ought to be passed for that purpose. CONTRACTS WITH GASLIGHT COMPANIES. 581 And it is further provided, and these presents are upon the express con dition that if the said parties of the second part or their successors shall not well and truly observe, perform, fulfill and keep all and singular the covenants and conditions hereinbefore contained on their part, and be- half, to be observed, performed, fulfilled and kept, according to the true intent and m?aning of these presents, then, and in that case, it shall and may be lawful for the said parties of the first part, by a resolution or order to be passed in Common Council, to annul and vacate this con- tract, and thereupon the premises hereby demised shall be vested in the said parties of the first part or their successors, as fully and completely as if this indenture had never been executed. In witness whereof, the parties hereto have executed triplicate copies of this Indenture, the said Edward Cooper, Street Commissioner, hath hereto set his hand and sea! on behalf of the said parties of the first part, and the said parties hereto of the second part have hereunto affixed their corporate seal, and caused the same to be attested by their President and Secretary, one of which copies of this Indenture to remain with the said Street Commissioner, one other to be filed with the Comptroller of the city of New York, and the third to be delivered to the said parties of the second part, the day and date herein first written. [L, s.l EDWARD COOPER, Street Commissioner. Sealed and delivered in the presence of As to the Harlem Gas Light Co., JAS. 0. BROWN. As to Edward Cooper Street Comm'r, C. H. LAWRENCE. [L. s.] BARR WAKEMAN, President. HENRY J. McGowAN, Secretary. EXTRACTS FROM THE STATE LAWS BELATING TO THE POLICE DEPARTMENT, EMBRACING SUCH PARTS AS CONCERN THE ENFORCEMENT OF THE CITY ORDINANCES. The Police Board shall guard the public health ; preserve order at elections ; remove nuisances existing in the public streets, roads, places and highways ; provide a proper police at fires ; see that all laws relat- ing to the observance of Sunday, and regarding pawnbrokers, mock auc- tions, emigrants, elections, gambling, and the public health, are promptly enforced. They shall obey and enforce all ordinances which are applicable to police or health.* They shall, when consistent with the rules of the Board, comply with all requests of the Common Council or the Mayor .f The General Superintendent of Police shall be the superintendent of cabs and cabmen, hackney coaches and hackney cabmen, stages and ac- commodation coaches or omnibuses and their drivers, carts and cartmen, and all persons employed to drive carts, public porters, hand-cartmen, renders of charcoal, firewood, hard coal, and boats and boatmen. He shall also be inspector of pawnbroker's shops, second-hand dealer's shops, junk shops and intelligence offices.! All violations of Corporation ordi- nances reported to him shall forthwith be reported by him to the Corpo- ration Attorney.^ He shall perform the duties previously performed by the Inspectors of hacks, omnibuses, cabs and public porters ; Inspector and Deputy Inspector of stages ; Inspector of carts, and keepers of lands and places. I) The Inspectors or Captains of Police shall be dock masters within their respective districts, and assisted by the Sergeants, shall perform all the duties previously performed by Dock Masters.^ * From ^ 5 of act of April 15, 1857. f From 20. Ibid. $ From ^ 6 of Art. II., Act of April 13, 1853. ^From 7, Art. II., Act of April 13, 1853. J From 1, Art. II., Act of May 7, 1844. f From $ 6, Act April 13, 1853. STATE LAWS RELATING TO THE POLICE DEPARTMENT. 583 Patrolmen shall report through the Inspectors, or Captains, or Ser- geants to the General Superintendent all violations of the Corporation ordinances.* The Police Force shall, in accordance with rules and regulations pre- scribed in conformity with the laws of the State and the City Ordi- nances, watch and guard the city day and night. * From 7, Act April 13, 1853. INDEX. A. ABANDONMENT, Bonds, by whom prosecuted 122, 126 to 130 ACCIDENTS Prevention of, erection of barriers for 264 to 267 By vehicles, provision concerning. . . 359 ACCOUNTANT in Bureau of Water Registrar, his duties 142 ACCOUNTS, Joint Committee on, their functions 58 ADVERTISEMENTS, Corporation, general provision concerning ALDERMEN- Charter, provisions concerning 14 Powers of, designating stands for hacks 397 as to junk shops 410 as to regulation of stages 381 as to disputes concerning fences, 325 to 327 How distinguished at fires 227 Board of, charter provisions respect- ing 12 Executive Committees abolished.. . 42 rejection of acts of Councilmen. ... 43 transmission of messages 44 method of transacting business 42 amending acts of Councilmen 44 Committees of Conference 44 receding from its action 44 adhering to its acts 44 notices of meetings 46 Clerk of 45 Deputy Clerk, his duties, bond and salary 48 Messengers and assistant 49 Reader, his duties and salary 52 Sergeant-at-Arms, his duties and salary 53 ALDERMEN Board of, President, provisions of charter respecting 12, 13 ALLEYS, cleaning of when necessary, to be reported 159 ALMS-HOUSE Department, provisions of charter respecting 32 ANIMALS Dead, provision as to removal of, 158, 322, 419 carts for removing to be licensed. . 418 docks assigned for boats 418 Bone burning, provisions respect- ing 424 to 426 Slaughtered, removal of offal 417 Skinning of, provision respecting, 424 to 426 Putrid, not to be thrown in streets or lots 417 Sale of, at auction in the streets 309 APPROPRIATIONS Charter provisions respecting 10 Annual estimate of. 58 Exhausted, report of 59 For expenditures, how made 187 Contracts and expenditures, not to exceed 187 AREAS, size and enclosure of. 258, 259 ARREARS Cleric o/. ; See " Clerk of Arrears." Of taxes and assessments and Cro- ton water rent, how collected 72 ASH CARTS construction of. 372 regulation of 271, 272 not to unload in streets 420 ASHES- Ihr owing or dumping in streets, prohibited 419, 421 Delivery of to be to ash carts 421 586 INDEX. ASHES Removal of, by whom 271 to 275 box or barrel to be placed on side- walk 428 Sifting, provision respecting 420 ASSESSMENTS Apportionment of, how made 88 Arrears of, provision as to collecting, 72, 117 bills, how copied, kept, &c 74 Bonds, provision as to issuing 185, 186 Collection of, Bureau of 79, 111 to 118 general provisions concerning. .111 to 118 Collector and Deputy Collectors, their duties, compensation, &c Ill to 118 Confirmed, list of titles, where kept. . 73 List, proof of work done to be attached to 188 For improvements when not to be less than $5 118 Improvements involving, notice to be published 188 On Corporation property, to be re- ported 84 Sales for, under whose cognizance. . 73 Searchers for, fees established 73 ASSISTANT ENGINEER in Croton Aqueduct Board and his salary, 141 AUCTION SALES In streets, provisions respecting 308 On sidewalks, purchasers not to stand on 310 Of horses, in the streets, prohibited. 316 Of carriages and animals in streets 309 Oj furniture, provisions respecting. . 311 In Chatham square, provisions re- specting 311, 312 AUDITOR OP ACCOUNTS Charier, provisions respecting 25 Bureau of, established 55, 76 Duties of, defined 76 Assistants to, their duties 76, 77 AUDITORS in Comptroller's office, thetr duties, &c 65, 68 AUDITING BUREAU established. ... 76 AVENUES See " Streets." AWARDS for Corporation property, to be reported 84 AWNINGS, regulations concerning. . . 284 AWNING POSTS, regulations 282 to 284 B. BADGES- Fire See " Fire Badges." Constables See " Constables." BALANCES, sealing and inspection of See ' ' Weights and Measures." BALUSTRADES- regulations concerning 282 Removal of, provision concerning. . . 284 Goods not to be exhibited on 285 BARGES, lying of, at wharves 292 to 297 BARRIERS to prevent accidents, erec- tion of 264 to 267 BASEMENT Doors, regulations of. .280, 281 BASINS, Receiving, under whose charge 78,93,137 BASTARDY BONDS, by whom prose- cuted. 122, 126 to 130 BATHING in the rivers, provision respecting 427 BATTERY, firing of cannon on 234 Cattle, &c., running on 435 Enlargement, dirt not to be carted on 290 Wall, boats not to receive passengers, &c., from 301 BAY WINDOWS, extent of, in the street 281 Removal of. 284 BEEF, unsound &c., provisions, respect- ing 158,165 BELL-RINGEBS See" Fire Bell-ringers." BIRTHS, Record of, where kept 172 BLACKSMITH SHOPS, refuse stuff from 419 BLASTING ROCKS, regulations for. . 328 BOARDING HOUSES, examination of 159 BOAT BELLS, ringing of 302 BOATS for collecting junk, &c., to be licensed 411,412 BONDS and Mortgages of Corporation assignment, payment, &c 197 Assessment, issuing of 185, 186 Of officers, where filed 38 BONE BOILING, &c., provisions re- specting 424 to 426 BOOK-KEEPER, in Comptroller's office, and his assistants 64 In Street Commissioner's, duties,&c. 90 BOWERY, sweeping of 272 INDEX. 587 BREAD, sale and manufacture of 432 BRIDEWELL, designation of 444 BRO AD WAY, sweeping of 272 BROOM WAGONS, regulations 430 to be licensed 430 BUILDINGS Public, charter provisions respecting, 28 construction and repairs of, under whose charge 79, 102 to 108 removal of snow and ice from 273 ffoistways in, regulations 329 Moving of, regulations 287 Ra ising goods outride of, regulations 286 Goods placed in front of, regulations 285 Cleansing of, when necessary, to be reported 159 Sloops, platforms and steps, regula- tions 281,282 removal of 2S4 Windows, regulations 281 removal of. 284 Balustrades, regulations 282 removal of 284 Rubbish, removal of 420 Entering of, by City Inspector 161 BULKHEADS, cordracts for, what to contain 189, 301 BURIAL Grounds, duties of proprietors 439 Permit, by whom granted and recorded, 172 BURIALS, report of, how made 439, 440 BUREAUX Charier, provisions concerning 10, 22 Of City Revenue, provisions respect- ing 55,67 Of Receiver of laxes, ib 55, 71 Of 'Deposit and Disbursement, ib 55, 74 Of the Clerk of Arrears, ib .... 55, 72 Auditing, ib.... 55,76 Of Street Improvewents, ib 79,91 Of Wharves, ib 79, 93 Of Roads, ib 79, 99 Of Lands and Places, ib 79, 97 Of Lamps and Gas, ib 79,99 Of Repairs and Supplies, ib 79, 102 Of the Chief Engineer, of Fire De- partment, ib 80,108 Of the Collection of Assessments, ib.80, 111 Of the Corporation Attorney, ib. .122, 126 Of the PMic Administrator, ib. .122, 130 Oflhe Water Registrar, ib. .136, 141 BUREAUX Of the Water Purveyor, provisions respecting 136, 14S Of Sanitary Inspection and Street Cleaning, ib 157, 162 Of Records and Statistics, ib 157, 172 Of Markets, ib 157, 166 Of Weights and Measures, ib 157, 173 BUTCHERS in markets, their licenses 1 and regulations 167, 341, 342 See also " Markets." Permits, by whom granted 167 BUTTER, in market*, sale of, regula- tions 345,346 C. CABS, provisions respecting 401 CANNON../i7"in<7 of 234 CANVASSERS, Gity.cba.rier provisions 13, 16 CAPS, Fire See " Fire Caps/' CARCASSES of animals, how removed 419 CARPETS, shaking, provisions respect- ing 420 CARRIAGES, -washing of, regulations 263 Auction sale of, in the streets 309 See also " Hackney Coaches/' CARRIAGE-WAYS of streets See " Streets, carriage-ways of."' CARTMEN, Public- License of, regulation 356, 357 Residence, report of, to the Mayor. . 358 Stands of, regulations 358 Loads of, regulations 364, 365 Rates of charges, established 362 to 364 Disputes with, how determined 364 Attendance on carts, regulations. . . 365 Suspended, not to drive 365 Names of in be given, when required 359 Responsil>ility of, for damages 357 Carls of, may stand before their own- er's premises 366 Of lime, regulations 355 Of hay and straw, regulations 353, 354 Sale of firewood by, regulations 352 CARTS AND CARTMEN, general provisions 356 to 373 CARTS, Public, definition of 356 Stands for, regulations 353 Standing of, in front of cartmen's premises 366 588 INDEX. CARTS, Public- Accidents by, provisions concerning 359 Licensed carlmen, only can drive. . . 357 Cartmen, to attend them 365 Driving on piers, &c., speed regu- lated 361 Passing to the right of others 360 Speed of, regulated generally 360 when driven on wharves 361 Numbers of, regulations 358 Size of, regulations *361 Loads of, regulations 384, 365 Rates of Charges, established. . .362 to 364 Wheels of, regulations 361 Encumbering the streets, regulations 359 Spilling of dirt from, regulations. . . 239 On sidewalks, prohibited 360 Superintendent of, his duties 367 who to be (by state law) 582 Dirt, license of. 367, 36S construction of 372, 368 provisions concerning 367 Private, provisions concerning 366 Ash, construction of 372 Hag, to be licensed , 411, 412 For removing dead animals, license of 418 Sand, construction of 372 For hay and straw, regulations. . .353, 354 Mud, construction of. 372 Offal, construction of 372 Garbage, construction of 372 For removal of nuisances, to be em- ployed 419 Market-See " Markets." Junk, to be licensed 411, 412 Lime, construction 372 regulation 355 For firewood, construction of 366 regulations 351, 352 Furniture, size and construction 362 Gravel, construction of. 372 Manure, construction of 372 Swill, construction of 372 regulations 423 C ARTWAYS, Private, flagging of. ... 242 CASTLE GAKDVN , firing of cannon, 234 CATTLE, running at large, imponud- ing 433 to 437 \ CELEBRATIONS, mone?//or, howvoted 10 CELLAR Doors, regulations. . . .280, 281, 284 CELLARS, cleaning of, when to be re- ported 159 CEMETERIES, regulations concerning, 438 CESSPOOLS Building of, under whose cognizance, 158 regulations 317 to 322 Cleaning of, when necessary, to be reported 159 Emptying of, permission, by whom granted 161 Inspection of, under whose cognizance, 158 CHAMBERLAIN, City Charter, provisions respecting 25 Bureau of, established 55, 74 Accounts of, how reported 58 Bond and duties of, prescribed 74 CHANCE, games of, prohibited in the streets 427 CHARCOAL, sales of, regulations 355 Wagons, regulations 430 License, to be taken 430 Venders, superintendence of 582 CHARTER (Amended), analysis of . . . 9 CHATHAM SQUARE, auction sales in 311,312 CHATHAM STREET, sweeping of. . . 272 CHIEF ENGINEER of the Fire De- partment Charter, provisions respecting 27 Bureau of, established 80, 108 to 110 Duties and Junctions of, prescribed, 108 to 110, 204 to 207 Appointment of, how made 204 Salary of, prescribed 205 Vacancy, how filled 206 Cap and trumpet of, how distin- guished 206 Elections for, regulations 207 CHIMNEY, taking fire, penalty 229 Sioeepers, licenses of. 447 apprentices, &c 447 responsibilities 448 badges 448 fees 448 inspector of. 448 register of licenses 449 CINDERS, throwing in streets prohibit-,419, 421 INDEX. 589 CISTERNS Construction of, permission, by whom given 256 fee to be paid 256 Under sidewalks, regulations 256, 257 CITY HALL, name, to what applied. . 107 Keeper of, his duties, salary, &c. . .107, 108 Cleaning and charge of, under whom, 107 CITY INSPECTOR Charter, provisions respecting 29 Duties, bond and salary, prescribed, 158 to 162 Duties of, in respect to public pounds, 437 as to piers for offal boats 418 as to bone-boiling establishments, 424 to 426 as to removal of nuisances 426 as to interments 438 as to slaughter-houses, &c , 417 as to sinks, privies and cesspools. . 317 as to placing lists in station-houses, 227 Repori of, quarterly 176 Weights and measures, custody of, standard 335 CITY INSPECTOR'S DEPARTMENT Charter, provisions respecting 29 Organization of. 157 General cognizance of, prescribed. . 157 Bureaux in, established 157 Clerks and Messengers in office 162 CITY PRISON, designation of. 444 CITY RAILROADS-See " Railroads." CITY REVENUE- Bureau of, its functions, &c 67 Collector of, duties, bond and compen- sation 67 Collection of, how made 68 Clerk to Collector, his duties, &c 69 Deputy Collectors, duties, bond and salary 70 CITY STOCKS See " Stocks." CLERKS Of Common Common and his assist- ants, duties, salaries, &c 45 to 49 See also " Common Council." Deputy of Board of Aldermen, duties, &c 48 Of Board of CouncUmen and his assistants, their duties, sala- r' tfc ,&c 49to52 a/so " Councilmen." CLERKS- Of Departments, their number, how fixed under charter 10 Of Arrears, his duties, bond, and salary 72 to 74, 117 his bureau established 55, 72 charter provisions respecting 25 In Bureau of Arrears 73 In Comptrollers office 67 To Receiver of Taxzs 71 To Collector of City Revenue 69 To City Chamberlain 75 In Street Commissioner's office 89, 90 In Bureau of Wharves 95 In Bureau of Roads *. . 97 In Bureau of Repairs and Supplies 104 To Deputy Superintendent Repairs and Supplies 106 In Bureau of Street Improvements, 92 In Bureau of Lamps and Gas 101 To Croton Aqueduct Board 141 In Bureau of Water Purveyor. .. 150 In Bureau of Water Registrar. . . 142 In the Law Department 126 Of the Corporation Attorney 129 In the City Inspector's office 162 In, the Bureau of Sanitary Inspec- tion 164,166 In the Bureau Records and Sta- tistics 173 To Superintendent of Markets 169 To Commissioners of the Fire De- partment 227 Of the Board of Fire Wardens. . . 209 CLOCKS, Public, regulator of 88 COAL, sale of, regulations 355 COLLECTOR Of City Revenue, charter provisions, 25 Bureau of, established 55, 67 Of Assessments, charter provisions. . 27 duties, bond and compensation. .111 tolls COMMITTEES Executive, abolished 42 Joint, provisions concerning 43 on Croton Aqueduct 43 On Accounts, provisions concern' ing 43 General powers, prescribed 43 Reports, how made and printed 43 590 INDEX. COMMITTEES Meetings, notices of 46 Witnesses, how subpoenaed 46 COMMON COUNCIL Members of, charter provisions 10 see also, "Aldermen," " Councilmeu." Business of, how transacted 42 Clerk of, charter provisions 15 how appointed and removed 45 salary and bond 48 datie.s 45 to 49 deputy, clerks and messengers 48, 40 to countersign warrants 57 COMPTROLLER- Charier, provisions respecting 23 Vacancy, how supplied 63 Duties, salary, bond, &c 56 to 63, 196 Deputy, duties, bond and salary 63 COMPTROLLER'S OFFICE Deeds, contracts, &c., to be deposit- ed in 56 Clerks and officers in, tbeir du- ties, &c 64 to 67 CONTRACTS- Charter, provisions respecting 19 Report of, to be annually made 59 Appropriations, connected with 187 Drawing of, by whom 123 For supplies and work, how author- ized 177 when necessary 177 estimates and proposals 178 estimates 178,179,180 sureties with estimates 179, 180 form of execution 183 general provisions 177 to 189 For supplies, samples with estimates, 181 For work, clause to prevent acci- dents 182 proof of work done 188 retention of last instalment 182 reservation of 10 per cent 182, 189 Payment of, raising money for 184 issuing of assessment bonds 1S5 when amount is less than $10,000. . 186 on certificate of amount due 186 when, to be in full 189 Intertst on, when to be paid 188 CONTRACTS For building piers or bulkheads, contents 189 In Street Department , by whom made, 80 expenditures to be reported 85 work in, inspectors of 84 For Croton works, provisions con- cerning 150, 151 CORONERS, Charter provisions 30 Inquisitions, where kept 172 CORPORATION OF THE CITY General powers, under charter of 1857, 9 Legislative powers, under charter. . 9 Executive potvirs, under charter. . . 9 Legislative a, charter provisions 3 ' ERRY Slips and Boats, as to ob- structing 294.295 ILTH, not to be thrown in streets. . . 419 ILTHY WATER, not to run from pre- mises 422 INANCE, Department of Charter provisions respecting 22 General ordinance concerning 54 Bureaux in, defined 55 'IRE Cliimneys, stovepipes and flues, taking fire 229 Kindling in the streets, regulations. 229 Prevention of, who may inspect buildings, &c 208 notice to remove things dangerous . 208 general provisions 229, 230 FIRE-ARMS^ring of, provisions con- cerning 234 to 236 FIREWORKS Keeping of, in the city, regulations 232 Seizure and sale of, provisions con- cerning 233 Firing of in the city, prohibited 235 - Sale of certain descriptions, pro- hibited 235 FIREWOOD Sales of, regulations 351, 352 in the street, regulations 312 Landing and carting of, regulations, 351 Carts and Loading, regulations. ..351, 352 Carts fur, construction of 366 Superintendence of venders, under under state law 582 FIRES, FIRE DEPARTMENT, &c. Apparatus, as to taking from houses, 220 old,saleof 205 superintendent of, appointment, &c. 110 Badges, regulations concerning. .216 to 219 Bell-ringers, appointment, duties, &c. 222 removal of. 223 report of neglect 223 stations of. 223 Caps, regulations 215, 216 Companies, how organized 209 number of members 209 election of members 213 regulations as to number of 214 594 INDEX. FIRES, FIRE DEPARTMENT, &c Companies, return of members to Chief Engineer 221 volunteers prohibited 213 duties of, on alarm of fire 213 in going to or returning from fires 212,220 duties, in respective districts 226 to obey Engineers 211 taking engines from 221 annual report to fire commissioners 222 officers, responsible for neglect 212 Regulations, at fires 219, 220 Departments, general provisions 203 general privileges and duties 203 of whom to consist 203 Commissioners of 227 Clerk and Messenger of Commis- sioners 228 Chief Engineer, appointment and and salary 204, 205 Chief Engineer, powers and du- ties 108 to 110, 205 to 207 Assistant Engineers 205, 206 election of engineers 205 to 207 penalties, to whom paid 230 suits for penalties 230 entitled to proceeds from fireworks seized 233 entitled to penalties for hoistways, 329 other penalties 213 Districts, division of 224 signals for 226 duties of companies in 226 Engines, apparatus, &c., under whose cognizance 79, 80,108 to 1JO construction of new 109 as to lending or letting to hire 220 Engine houses, supplies for 79, 80, 104 gas for 221 strangers not to enter 211 regulations concerning 211 volunteers not allowed at 213 FIREMEN Appointment of, regulations 214 Transfer of, to other companies 221 Duties of, prescribed 210 in going to or returning from fires. 212 To obey Engineers 211 Return of, to Chief Engineer 221 FIREMEN Complaints against, how reported. . 214 Offenses by, how reported 214, 215 Suspended, regulations concerning. . 212 Expelled, regulations concerning 212 how reported 214 Caps of, regulations 215,216 Badges of, regulations 216 to 219 Volunteers, prohibited 213 Exempt, performance of duty by 216 caps and badges 216 FIRE SIGNALS, striking of. 226 for assistance 226 FIRE WARDENS Appointment, duty and salary. .207 to 209 Cap and trumpet 209 Duties of, in regard to hoistways. . . 329 Seizure of fireworks, by 233 Clerk of Board and his salary 209 FISH, unsound, provisions concerning,158,165 fresh, sale of, in markets 345 Wagons, regulations 430 license 430 penalty 431 FLAGGING sidewalks. See " Streets , sidewalks." FLAX, keeping of, regulations 229 FLYING HORSES, prohibited 428 FOOD, wholesome, charter provisions. 33 Unwholesome, removal of. 158, 165 FOUNDRIES, removal of rubbish from 419 FOREMAN of Corporation Yard, du- ties, &c HO FRUIT WAGONS, regulations 430 License, provisions concerning 430 Penalty, prescribed 431 Exceptions, as to certain persons. . . 432 FUEL, /or public offices, how supplied. 79, 104 FULTON street, sweeping of 272 FUNERALS, bells not to be tolled. ... 439 FURNITURE, sale of, in the streets ... 311 G. GAMES of chance in streets, prohibited 427 GARBAGE Throwing in sinks, &c., prohibited. 319 Throwing in streets, prohibited 419 Throwing in streets or lots, prohibi- ted... 417 INDEX. 595 GARBAGE Removal of, by whom 271 to 275 barrels, &c., on sidewalks 428 Carts, constouction of. 372 GAS lamps, lighting of. 255 Breaking pavements, for regulations 239 Pipes, protection against excava- tions 252 to 254 GAS COMPANIES New York Gas Company contract 5G6 Manhatten.Ib 569, 573 Harlem. Ib 577 GOODS, raising of, outside of buildings 286 Placing in front of buildings 285 GRANTS from the city, charter provi- sions 33 Water, directions concerning 199, 200 Covenants, in 200 GRATES, of vaults, provisions concern- ing 259 GRAVEL carte, construction of.. ..... 372 GRAVES, opening of, regulations... 438 GROUND, made, provision concerning 416 GUNPOWDER, keeping of, regulations 231 Magazines, license for 231 erection of 231 penalties 232 GUNS, ,/iring of, provisions concern- ing 235,236 GUTTERS across sidewalks, construc- tion of. 421 Liquids, as to throwing in 421 Cleaning"* of, who to clear obstruc- tions 251 Snow and ice, removal of. 276 H. HACKNEY COACHES Owners of, licenses to 47, 386, 387 to give name and number 396 to obey regulations as to stands. . . 398 not to refuse employment 394 not to leave their coach, &c 395 when not to solicit passengers 396 Drivers of, Sunday regulations 398 licenses .of, regulations 47, 388 badges of, regulations 388, 389 cards to be presented to passengers 389 to give name and number 396 not to refuse employment 394 HACKNEY COACHES Drivers, not to leave their coaches. 395 to obey regulations as to stands. . . 398 when not to solicit passengers 36 Fares of, rates established 390 to 392 Disputes concerning 392 collecting 392 demand of, excessive 393 proof in suits for 393 Stands for, regulations 396 to 398 Numbering of, on inside and outside 393 on lamps 393 Cards, to be fixed in 394 exhibition of. 394 Lamps, with numbers on 393 Speed of, regulated 360 Passing other vehicles 360 Sunday regulations 398 Penalties 387, 388, 390, 393, 394, 398 Special, license for 390, 398, 399 regulations 399 provisions applicable to 399 Superintendence of, provisions re- specting 400 Superintendents, who to act (un- der State law) 582 HANDBILLS of quack medicines 427 HAND CARTS, for junk, &c., license, 411,412 HARDWARE, sale of, in the streets. . 309 HAY, keeping of, regulations 229 Sale and carting of, regulations 353 Boats, slips appropriated for 296 Cartmen, regulations 353 Stand, in Hall street 353 HEALTH, Commissioners of. 157 * Board of, in relation to City Inspec- tor 157 Examination of boarding houses, &c 159 notices of Committee meetings 46 who to be clerk of. 45 legal adviser of 123 Public removal of things prejudicial. 159 removal of noxious things 158, 165 duties of police (by State law) 582 Wardens, duties and salary 166 duties as to sinks, privies and cess- pools 317 to 322 duties as to removal of building rub- bish 420 596 INDEX. HEALTH Wardens, duties as to nuisances 419 HEATH HENS, sale of, in markets. 350 HEMP, keeping of, regulations 229 HIDES, unwholesome, prohibition 416 HIGH BRIDGE, under whose cogni- zance 135 HORSES, dead, casting of, in streets. . 417 Driving in the city, general provi- sions 315, 316 Speed of, regulated 315 turning corners 315 See also " Hackney Coaches," " Stages," " Streets." Racing of, prohibited 315, 316 Running at large, provisions con- cerning 315 Auction sales of, in streets, prohibited 316 On sidewalks, provisions concerning. 315 To sleighs, bells to be attached 316 Tandem, provisions concerning 316 Washing of, regulations 263 Watering of, regulations 263 HOISTWAYS, regulations and penalties 329 HOSE CARTS. See " Fire Apparatus." HYDRANTS Construction and repair of, esti- mates 149 Opening of, regulations 154, 155 Unscrewing of, regulations 263 ICE on crosswalks, removal of 277 On sidewalks, strewing ashes and sand 276 On sidewalks and guttei~s, removal of Before public buildings, removal of. 273 INCUMBRANCES Removal of, under whose cognizance 79 from streets, wharves, &c 85 to 88 In streets, regulations 280 to 288 to be reported to Corporation Attor- ney 83 INSPECTOR, of chimney sweepers. . 449 Of contract work in Street Depart- ment 84 Of manure, appointment of 278 Of meats and articles of food, &c. 165 Of sidewalks, appointment, duties, 92 Of lamps and oil, appointment, &c. . 101 INSPECTOR Street. See " Street Inspectors." Of street paving , a nd compensation . 149 Of vessels, charter provisions 33 Of weights and measures, charter provisions 30 appointment and bond 173 their duties 330 to 335 fees 332,333 " See also " Weights and Measures." INTELLIGENCE OFFICES, license to keepers 47,413 Inspector of, (under State law.) 582 INTERMENTS, general provisions 438 Disinterment, permits for 172 J. JUNK SHOPS Inspectors of, who to act as 412 Keepers of, license to 47, 407, 409, 411 surety 407 what they may purchase. . . , 408 not to receive pawns 408 not to make advances 408 record of purchases 408 books to be open for inspection ... 408 place of business to be designated 408 from whom may not purchase 409 not to purchase after sundown 409 as to things advertised 410 as to things alleged to be stolen. . . 410 not to be pawnbrokers or second- hand dealers 410 carts and boats to be licensed 411,412 removal of place of business 412 penalties 408, 412 K. KEEPERS of junk shops- see " Junk Shops." Of Public Parks, appointment, &c. 99 KINDLING WOOD license to wagons 430 regulations of 430 penalties 431 KITES, flying, in the streets 427 L. LAMPS, Public, under whose cogni- zance 99 to 101 INDEX. 597 LAMPS AND GAS, Bureau of. . .79, 99, 101 Superintendent of, duties , salary, &c. 99 Inspectors of, duties, &c 101 LAND, under water, grants of 199, 200 LANDS AND PLACES Bureau of, provisions respecting. . . 79, 97 Foreman of, duties, &c 98 Superintendent of, duties, salary, &c. 97 to 99 see also, " Public Places." LAW DEPARTMENT, Charter pro- visions , 28 organization of 122 Clerks in, and their duties 126 LEASES, appraisement on renewal. .60, 197 Assignment of, provisions respecting 60 by whom consent to be given 197 Expiration of, appraisal of rent, &c. 197 LEATHER, unwholesome, prohibited. 416 LEGISLATURE, memorials to, draw- ing of. 123 LIBRARY, City, Librarian 49 LICENSES to Carts for removing dead animals 418 to boats for collecting junk, &c. . 411, 412 to wagons for sale of brooms 430 to cartmen 356, 357 to dirt carts 367,368 to rag carts 411, 412 to carts for removing dead animals 418 to junk carts 411, 412 to charcoal wagons 430 to chimney sweepers 447 to persons to open drains, &c 138 to express wagons 374 to fish wagons 43 L to fruit wagons 430 for gunpowder magazines 231 to owners of hackney coaches. . .386, 387 to drivers of hackney coaches 388 to special hackney coaches. .390, 398, 399 of hand-carts for junk, &c 411, 412 to keepers of intelligence offices.. .47, 413 to keepers of junk shops, 47, 407, 409, 411 to carts and boats of junk dealers 411, 412 to wagons for sale of kindling wood 430 to butchers in public markets 341, 342 to pawnbrokers 47, 403 LICENSES to make connections with sewers 138,139 to public porters 369 to night scavengers 158 to dealers in second-hand articles 47, 405, 406, 409, 411 to stage owners 47, 376, 377 to stage drivers 47, 377, 378 to street sprinklers 152, 153 to vegetable wagons 431 to junk vessels 411,412 to wagons for sale of wooden ware. 431 LIGHTING Streets, Roads, &c., under whose cognizance 78, 79, 99 LIME Carts, construction of 372 regulations of. 355 Houses, regulations 355 Screening, regulations 420 Vessels, regulations 354 LOANS, in anticipation of revenue. ... 63 LODGING-Houses, examination of 159 LOTS, sunken, filling of 78, 79, 91 Cleaning, report of necessity for 159 Nuisances in, provisions concerning 417 Regulation of, to conform with streets 326 LUMBER DOCK, provisions respecting 303 M. MAIDEN LANE, sweeping of 272 MAINS-see " Croton Mains." MANUFACTORIES, water running from 422 MANURE Sale and cartage of, regulations. ... 278 Inspectors of, duties, &c 69, 278 Removal of, regulations 278 time for 279 by whom 273 Keeping of, in the city 279 Places of deposit, regulations 279 Carts, construction of 372 Revenue from, how collected 68, 69 MAP, Clerk in Street Commissioner's office 90 MARKET Boats, regulations 296 Bureau', of, established 157, 166 598 INDEX. MARKET Fulton, chains across entrance 340 attendance of clerk 340 Hay, on Grand street 336 MARKETS, PUBLIC, designated. ... 336 Cognizance of, in whom 157 Iteport of condition of, to be made. 168 Superintendent of, duties, salary, &c. 166 to 171 Market rents and fees 68 Clerks of, under whose control 171 duties, salaries, &c. .109 to 171,337 to 350 Butchers in, licenses and duties. . .341, 342 Countrymen, sale of meats by 344 Gardeners, stands to sell produce. . . 310 Hucksters, regulations 346 ForestaUers, exclusion of. 340 Forestalling, regulations 347 Agents in, regulations 345 Purchases to sell again, regulations 347 Persons wanting employment may stand in 341 Stalls and stands, arrangement and numbers 169 permits 68, 167, 169, 339, 347 rents 69, 169, 336, 343 how leased 336 near markets 343, 344 suspension of occupants 170,171,338,339 report of to City Inspector 341 Articles for sale to be exposed to view 349 Sale of meats by the quarter, permits 167 Poultry, regulation as to sale 345 Heathhens, sale of. 350 Trout, sale of 350 Quail, sale of 350 Partridges, sale of 350 Woodcock, sale of 350 Garden produce, stands for 337 Baiter, sale of 345, 346 Eggs, sale of 345 Fresh fish, sale of. 345 Meagre shad, regulations 345 Meat, sale of 344 Hides or skins, regulations 345 Sheep or lamb, regulations 345 Gut fat, regulations 345 Unwholesome things, regulations 337, 344, 345 MARKETS, PUBLIC Wagons, fees to be paid 69 Carts, wagons, &c., removal of 347, 348 name of owner to be painted on. . . 349 Weights and Measures, inspection of 339 to be sealed 342 Weighing and measuring in, short weights 339 Days designated 336 Opening and closing of, regulations 337 Hours of purchase, in 347 Lighting of, under whose cognizance 99 Supplies for, by whom furnished 79 Public worship in 313 Refrigerators, regulations 349 Casks, &c., regulations 349 Boxes, drawers and closets, regula- tions 349 Arrangements of things in, under whom 338 Produce, removal of 348 Cleansing of, under whose supervi- sion 170 Removal of filth, &c., regulations. .168 271 MARRIAGES, Record of, where kept 172 MARSHALS in Mayor's office, see " Mayor's Office." MATS, shaking of, regulations 420 MAYOR Charter t provisions respecting 11 Salary of, prescribed 37 Powers and duties generally 37 may offer rewards 37 as Commissioner of Sinking Fund . 193 executing conveyances 202 as to approval of papers 47, 51 countersigning warrants 57 licensing charcoal and other wagons 432 designating stands for hacks 397 ordering seizure of fireworks 233 as to keepers of junk shops 410 as to regulation of stages 381 as to licenses, see " Licenses" How distinguished at fires 227 MAYOR'S OFFICE Clerks in, duties, salary &c 38, 39 Marshals in, duties, salary, &c 40, 41 MEASURES used in markets, sealing of. . . 342 INDEX. 599 MEASURES- Sealing and inspecting, see "Weights and Measures." MERCHANDISE, placing in front of buildings 285 MESSENGERS Of Board of Alaermea , duties , &c . . 49 Of Board of Councilmen, ib 52 In Comptroller's office, ib 67 Jn Street Commissioner's office, ib. . 90 In City Inspectors office, ib 162 To Croton Aqueduct Board, ib 141 In Bureau of Arrears, ib 73 To Receiver of Taxes, ib 71 Of the Corporation Attorney, ib. . . 129 To Commissioners of Fire Depart- ment, ib 228 MONEY Borrowing of ', Charter provisions .. 10 Assessment Bonds, issuing of. 185 Deposit of, by Chamberlain 74 Disbursed, vouchers for 175 Collected by officers, report of 175, 176 MONUMENTS, designating streets. . 268 MUD Carts, construction of. 372 N. NEWSPAPERS Corporation, what to be published in 45 Improvements, notices to be published 188 see, also " Publication.' 7 NIGHT SCAVENGERS, regulations. 3 18, 322 see also " Scavengers." NIGHT SOIL, sale of 321 NOXIOUS THINGS AND PRACTICES General provisions 416 NUISANCES, general provisions 416 On premises, prohibited 416 Cognizance of, under whom 158 Investigation of, by whom 163 Removal of, by whom 161, 426 Duties of Police by state law 582 Report of ordinances for 160 Regulations 158, 165 Not to be thrown in streets. .. 417 NUISANCES, NOXIOUS THINGS, AND PRACTICES Made ground 416 Nuisances on premises 416 Hides, blubber, &c 416 Slaughter houses 417 Dead horses 417 Unwholesome things 417 Docks for offal 418 Boats removing offal 418 Carts for removing carcasses 418 throwing carcasses in river 419 throwing offal in streets 419 Penalty 419 Enforcement of ordinance 419 Oyster andfish dealers 419 Foundries, &c 419 Building rubbish 420 Sifting ashes, &c 420 Screening sand, &c 420 Shaking carpets, &c 420 Ash Carts 421 Cinders and coal ashes 421 Throwing out liquids 421 Gutters across sidewalks 421 Throwing out offensive liquors 422 Water from manufactories 422 SwiH and v egetable substances 422 Shellfish 422 Booths and stands in streets 423 SwuT, carts 423 Bone boiling, skinning animals, &c 424,425,426 Removal of nuisances, by whom. . 426 Oysters 427 Games of chance 427 Bathing 427 Flying kites 427 Posting notices of quack medicines, &c 427 Washing the streets 428 Drying clothes in the streets 428 Flying horses, whirligigs, 2000 ftFTURNED QHT 2 7 1333 12,000(11/95) YC 09779 U.C. 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