no such dealer shall receive any article by way of pledge or pawn. (Id., sec. 32.)

§ 345. If any goods, article or thing whatsoever shall be advertised in any newspaper printed in The City of New York as having been lost or stolen, and if the same, or any answering to the description advertised, or any part or portion thereof, shall be or come in the possession of any dealer in second-hand articles, such dealer shall give information thereof, in writing, to the Chief of Police and state from whom the same was received, and every dealer in secondhand articles who shall have or receive any goods, article or thing lost or stolen, or alleged or supposed to have been lost or stolen, shall exhibit the same, on demand, to the Mayor, Chief of the Bureau of Licenses, any police officer or magistrate of The City of New York, or any person duly authorized, in writing, by any of said authorities, and who shall exhibit such written authority to such dealer. (Id., sec. 33.)

§ 346. No dealer in second-hand articles, while licensed as such, shall be licensed as pawnbroker or junk dealer in The City of New York. (Id., sec. 34.)

VIII. Peddlers.

§ 347. Any person hawking, peddling, vending or selling merchandise in the streets of The City of New York shall be deemed to be a peddler, and shall be classified as follows: A peddler using a horse and wagon, a peddler using a push cart, and a peddler carrying merchandise in business; but the selling of newspapers or periodicals in the street is not hereby regulated in any way. (Ord. app. May 22, 1899, sec. 35.)

Ordinance requiring a license for peddlers sustained. Village of Ballston Spa vs. Markham, 58 Hun, 238. As to power imposed on Mayor to issue a license, see Bradley vs. Rochester, 54 Hun, 140. All statutes regulating hawking and peddling must be strictly construed. Village of Stamford vs. Fisher, 140 N. Y. 187. Ordinance restricting peddling to certain hours is not unconstitutional. City of Buffalo vs. Schleifer, 2 Misc. 216, 51 St. Rep. 58, 21 N. Y. Supp. 913. An ordinance restricting peddling at public markets sustained. Village of Buffalo vs. Webster, 10 Wend. 100. As to peddling milk, see People ex rel. Larabee vs. Mulholland, 82 N. Y. 324. Where a license is required and none is taken out, the peddler cannot recover the price of his goods. Best vs. Bauder, 29 How. Pr. 489.

§ 348. Any vehicle used in peddling shall show on each outside thereof the words "Licensed Peddler," together with the figures of its official number, and any peddler duly licensed to use a horse and wagon may employ two persons and no more to assist in selling and delivering the wares, but such persons shall so act only while accompanying a licensed peddler.

Any person owning or operating a farm in The City of New York and selling in the streets of said city produce raised on such farm shall not be deemed a peddler within the meaning of this ordinance. Any such person may make

application to the Bureau of Licenses upon affidavit setting forth sufficient facts to entitle him to this exemption, and thereupon shall receive a certificate thereof. (Id., sec. 36.)

IX. Ticket Speculators.

§ 349. Repealed, December 15, 1908. 350. Repealed, December 15, 1908.

X. Coal Scalpers.

§ 351. Any person who shall sell, peddle or vend any order or permit in relation to the freighting of coal by canal boat within The City of New York, or offer to do so, shall be deemed to be a coal scalper, and shall give a bond to The City of New York, with two or more sufficient sureties, to be approved by the Chief of the Bureau of Licenses, in the penal sum of $2,500, conditioned for faithful compliance with municipal ordinances. (Íd., sec. 39.)

XI. Common Shows.

§ 352. A common show shall be deemed to include a carousel, Ferris wheel, gravity steeplechase, chute, scenic cave, bicycle carousel, scenic railway, striking machines, switchback, merry-goround, puppet show, ball game, and all other shows of like character, but not to include games of baseball, or to authorize gambling or any games of chance. (Id., sec. 40.)

The power to regulate common shows is found in section 51 of the charter. While different kinds of shows are enumerated in the ordinance, this does not exclude other shows which contain the same general elements of public exhibition such as are usually conducted on the stage for the benefit and amusement of the public. Mayor, etc., of N. Y. vs. Eden Musee American Co. (Ld.), 102 N. Y. 593; Thurber vs. Sharp, 13 Bar. 627; Society for Reformation of Juvenile Delinquents vs. Newbosch, 16 Week. Dig. 349. And where a license is required and performances are successively given without one, injunction lies. Society for Reformation of Juvenile Delinquents vs. Diers, 10 Abb. Pr., N. S., 216. Where as incidental to selling a book on gambling, an exhibition was given, held not to require a license as the exhibition was not the main object. People vs. Royal, 23 App. Div. 258. Where a license is required, and the Mayor has power to "grant such licenses," he cannot refuse to do so arbitrarily. Matter of O'Rourke, 9 Misc. 564. Moving picture show in candy store is a common show requiring a license. Weisblatt vs. Bingham, 58 Misc. 328. When license may be suspended and revoked. Fox Amusement Co. vs. McClellan, 62 Misc. 100; McKenzie vs. McClellan, 62 Misc. 342.

XII. Shooting Galleries.

§ 353. Any shooting gallery in a place open to the public and not otherwise licensed shall be deemed to be included within the terms of this ordinance, and every keeper of a public shooting gallery shall maintain good order and allow no person under sixteen years of age to shoot therein. (Id., sec. 41.)

XIII. Bowling Alleys.

§354. Any bowling alley in a place open to the public and not otherwise licensed shall be deemed to be included within the terms of this ordinance, and every keeper of a public bowling alley shall maintain good order and allow no person under sixteen years of age to bowl therein. (Id., sec. 42.)

XIV. Billiard Tables.

§355. Any pool or billiard table in a place open to the public and not otherwise licensed shall be deemed to be included within the terms of this ordinance, and every keeper of a public place where there are pool or billiard tables shall maintain good order and allow no person under sixteen years of age to play therein. (Id., sec. 43, as amd. by ord. app. March 7, 1904.)

XV. Dirt Carts and Cartmen.

§ 356. Every vehicle of whatever description, excepting such as shall have painted thereon, on each side, the name and address of the owner thereof in plain letters and figures of at least three inches in length, used in carting or transporting dirt, sand, gravel, clay, paving stones, ashes, garbage or building rubbish within The City of New York shall be deemed a dirt cart. Every such vehicle of whatever description, whether or not described as a dirt cart, shall be furnished with a good and tight box, whereof the sides, forepart and tailboard shall be at least eighteen inches high, and of sufficient capacity to contain not less than twelve cubic feet, and shall be securely covered when loaded, so as to prevent the contents from being scattered upon the streets. (Id., sec. 44.)

§ 357. Every dirt cart shall show on each outside thereof the words "Dirt Cart" or the letters "D. C.," together with the figures of its official number. (Id., sec. 45.)

XVI. Exterior Hoists.

$358. No person shall hoist anything whatsoever on the outside of a building from the street into any loft or lower anything on the outside thereof by any means without a license or permit therefor, and giving an indemnity bond to The City of New York, with sufficient surety, approved by the Mayor or Chief of the Bureau of Licenses. (Id., sec. 46.)

§ 359. Any one generally engaged in such a business shall take out a general license or permit, and any one so hoisting in front of certain premises only shall take out a special license or permit therefor. (Id., sec. 47.)

§ 360. It shall be the duty of any person, while engaged in such hoisting or lowering over any sidewalk, roadway or public place to give warning thereof by two conspicuous signs displaying the word "Danger," in letters at least six inches long. (Id., sec. 48.)

Article IV.- Stands Within the Stoop Lines and Under Elevated Railroad Stations.

§ 361. No person shall have or use any bootblack stand outside of any building in The City of New York, and there shall be no booth or stand erected or maintained within the stoop lines of any building or under the stairs of the elevated railroad stations in The City of New York without first procuring a license therefor, as hereinafter provided; and any person so doing shall be deemed guilty of a misdemeanor, and upon conviction before any magistrate shall be fined by said magistrate not less than two dollars or more than ten dollars for each offense, and in default of payment of such fine may be committed to prison by such magistrate until the same be paid; but such imprisonment shall not exceed ten days. (Ord. app. April 15, 1902, sec. 1.)

Section 50 of the Greater New York Charter, L. 1901, ch. 466, provides as follows: "The Board of Aldermen shall not have power to authorize the placing or continuing of any encroachments or obstruction upon any street or sidewalk, except the temporary occupation thereof during the erection or repairing of a building on a lot opposite the same, nor shall they permit the erection of booths and stands within stoop lines, except for the sale of newspapers, periodicals, fruit and soda water, and with the consent in such cases of the owner of the premises." It then provided no special ordinances should be passed, but that all ordinances should be general. Stands within the stoop lines were first authorized by ch. 418, Laws 1887, and ch. 115, Laws 1888, for the sale of newspapers, periodicals, fruit and soda water. These acts amended subdivision 3 of section 86 of the Consolidation Act. L. 1882, ch. 410. By ch. 718 of Laws 1896, this was further amended so as to include bootblacks. The original charter of 1897 (sec. 49), omitted boot-black stands among those allowed, and by the revision of 1901 (supra), boot-black stands were further omitted from the list of stands permitted.

The charter therefore omitted the old provisions of the Consolidation Act, as amended in 1896, which authorized boot-black stands, but held, in People ex rel. Pumpkyansky vs. Keating, 168 N. Y. 390, such omission was not a repeal.

The Common Council may authorize stands within the stoop line. People ex rel. Weeks vs. New York, 1 N. Y. Supp. 95; and around the public markets. Ely vs. Campbell, 59 How. Pr. 333. The right of the public to the use of the highway from "side to side and end to end is well established from the earliest reported cases under the common law to the present time, and while this right of the public is preserved by section 50 in general, still stands may be lawfully permitted within the limits prescribed. People vs. Keating, supra. The legislature, by virtue of its general control over streets and highways, has the power to authorize structures in the streets for the convenience of business that otherwise and under the common law would be held to be encroachments and obstructions. This power it may delegate to the governing body in a municipal corporation. Hoey vs. Gilroy, 129 N. Y. 132. It is essential that the owner of adjoining premises should consent, as otherwise the stand would be a nuisance as to him.

§ 362. All licenses for bootblacks and stands within stoop lines or under the stairs of the elevated railroad stations in The City of New York shall be granted by authority of the Mayor, and issued by the Bureau of Licenses, for a term of one year from the date thereof, unless sooner suspended or revoked by the Mayor or the Chief of said Bureau, with the approval of the Mayor; and no person shall be licensed except a citizen of the United States or one who has regularly declared intention to become such citizen, and the time to obtain such full citizenship has not yet elapsed. (Id., sec. 2.)

§ 363. Stands within stoop lines may be permitted and licensed, with the consent of the owner of the premises and the consent of the Alderman of the district in which said stand is to be located, for the sale of newspapers, periodicals, fruits and soda water and the blacking of boots, and no bootblack stand shall be provided with more than three chairs. All such stands shall be classified, and the annual license fees therefor shall be fixed and collected as specified in the schedule following: Stands for the sale of newspapers, periodicals or both, five dollars; stands for the sale of fruits or soda water or both, ten dollars; stands for the sale of newspapers, periodicals or both, and in addition also fruits or soda water or both, fifteen dollars; bootblack stands, each chair, five dollars. (Id., sec. 3.)

§ 364. Every such stand must be strictly within the stoop line and shall not be an obstruction to the free use of the sidewalk by the public, and shall not exceed the space of six feet long by four feet wide, except that in the case of bootblack stands a space not more than three feet wide and four feet long may be occupied by each chair of such stand. The construction and erection of all stands permitted by this ordinance shall be at the expense of the applicant and under the direction of the President of the Borough in which said stand is located. No person shall be permitted to sleep in any portion of the structure or hold more than one license. The Mayor, or Chief of the Bureau of Licenses, shall have power to transfer a permit or license to another location for the period of its unexpired term; provided, however, that the application for such transfer shall be accompanied by the consent of the owner of the premises to which the proposed transfer is to be made and by the consent of the Alderman of the district in which said premises are located. (Id., sec. 4, as amend. March 26, 1909.)

§ 365. Any person desiring to erect a stand or booth underneath the stairs of any of the elevated railroad stations in The City of New York for the sale of newspapers and periodicals shall file in the Bureau of Licenses an application, having indorsed thereon the consent of the Alderman or of the Local Board of Improvements of the districts in which said stand or booth is located, in which the applicant shall