parallel with and distant 375 feet from said centre line of Thirty-ninth street to the pierhead line as established by chapter 491 of the Laws of 1884, and approved by the Secretary of War on March 4, 1890; thence northeasterly along said pierhead line to a point on the westerly prolongation of the southerly line of Thirty-sixth street, as laid down on said map; thence easterly along the westerly prolongation of the southerly line of Thirty-sixth street to the westerly line or side of Second avenue; and thence southerly along the westerly line or side of Second avenue, 376 feet, more or less, to the point or place of beginning. (Ord. app. June 7, 1904.) Article VI-A.

§ 83A. Every cart, wagon or other vehicle in which articles shall be brought to market, or which shall come within the limits of any market, shall be removed therefrom 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. (R. O. 1897, sec. 57.)

§ 83B. 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 said market or the limits thereof, under the penalty of ten dollars 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. (Id., sec. 58.)

§ 83C. All carts, wagons or other vehicles, and all boxes, baskets or other things, and all market produce or other articles whatsoever which shall not be removed as directed by the Superintendent of Markets shall be removed by him to the corporation yard, and such part thereof as will pay the penalty imposed by this article shall be forthwith sold, and the said penalty, when thus received, shall be paid over by the said superintendent to the Chamberlain of the city. (Id., sec. 59.)

§ 83D. The said superintendent 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 superintendent, 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. (Id., sec. 60, with verbal changes.)

83E. The owner of every cart or other vehicle used for the purpose of bringing meat, garden produce or other 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. (Id., sec. 61.)

§ 83F. The last preceding section shall not be construed to apply to the carts used by licensed cartmen of this city, nor to wagons, carts or other vehicles owned by countrymen and bringing such countrymen's produce to market. (Id., sec. 62.)

CHAPTER 5.- THE BOROUGH PRESIDENTS.

Article I.- Contracts and General Powers.

§ 84. All contracts for work, materials or supplies relating to any of the matters under the cognizance of the respective Borough Presidents shall be made by the said Borough Presidents, and bonds, to be approved by the Comptroller, shall be taken for the faithful performance thereof; all such contracts shall be executed in triplicate by the said Borough Presidents on the part of the corporation, and by the contractor; one original copy so executed shall be kept and filed in the office of the Borough President, one shall be filed in the office of the Comptroller, and the third shall be given to the contractor. (R. O. 1897, sec. 131, with verbal changes.)

§ 85. No payment shall be made on any work or job 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 Borough President directing the same, and stating that such work is not included in the contract. And no such expenditure shall in any case be made, the total amount of which on any one work shall exceed $1,000, unless the same shall be authorized by the Board of Aldermen. (Id., sec. 132, with verbal changes.)

§ 86. All moneys payable by the corporation for work done, or supplies furnished by contract or otherwise, under the Borough Presidents, shall be paid by the Comptroller, by warrant drawn in favor of the person or persons to whom payments are due, except as otherwise provided in these ordinances, and except that in the case of a pay-roll for labor performed under the supervision of the Borough Presidents, 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. (Id., sec. 133, with verbal changes.)

§ 87. No payments shall be made for any work or supplies within the cognizance of the Borough Presidents, except upon the requisition of the Borough President, upon a voucher duly certified. A receipt shall be taken upon each of such vouchers at the time of payment, which shall be

filed in the office of the Comptroller. (Id., sec. 134, with verbal changes.)

§ 88. The respective Borough Presidents shall, when required by the Board of Aldermen, inquire into and report upon any of the matters within their cognizance, and shall, from time to time, communicate to the Board of Aldermen any information or suggestion which he may deem important in relation thereto. (Id., sec. 135, with verbal changes.) § 89. Each Borough President shall issue proposals and advertise for bids for all contracts exceeding $1,000 connected with his department; and whenever a survey or plans shall be necessary for any work duly authorized, or for the purpose of reporting any necessary information, 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. (Id., sec. 136, with verbal changes.)

§ 90. He shall control and direct all expenditures to be made by his department, shall countersign and draw his requisition upon the Comptroller for the payment of all bills and accounts therefor which in his judgment are correct, and which may be duly certified by the department under whose supervision the expenditure was incurred; and no requisition shall be drawn by any Borough President for the payment of any bills or accounts until the same shall have been duly certified as aforesaid, except that the bills and accounts for expenditures for the removal of incumbrances or for the other expenditures authorized by ordinance, but not under the immediate supervision of any department, shall be certified by the Borough President. (Id., sec. 137, with verbal changes.)

He

§ 91. The President of each Borough shall present and report to the Corporation Counsel all encroachments on the streets or avenues in The City of New York which may be brought to his notice, or take such other action thereon as may be prescribed by ordinance in relation thereto. shall appoint a competent inspector of contract work connected with his department, in all cases where he may deem the public service requires such inspector. In all cases where an assessment shall be levied for any improvements the amount paid for inspection on any contract work connected therewith shall be assessed and collected with the other expenses of such improvement, except where the inspector's wages are legally chargeable to the contractor. (Id., sec. 138, with verbal changes.)

§ 92. In all cases where provision is made by ordinance that the consent of any Borough President may be obtained to authorize any act to be done, he may grant permits therefor, subject to the restriction of the ordinances in relation thereto. (Id., sec. 139, with verbal changes.)

§ 93. He shall cause to be entered in books 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, on trust account or otherwise; the amounts received, 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 Chamberlain. He shall thereupon receive from the Chamberlain duplicate vouchers for the payment thereof, one of which he shall, on the same day, file in the office of the Comptroller. (Id., sec. 140.)

§ 94. He may direct the removal of any article or thing whatsoever which may incumber or obstruct a street or avenue in The City of New York, under the penalties prescribed by law. (Id., sec. 141.)

"

See sec. 383 of the Greater New York Charter, subdivision 6, where the President of the Borough is given cognizance and control 6. Of the removal of incumbrances," and sec. 50 of the Charter, where the Board of Aldermen is given power to prevent encroachments upon and obstructions to the streets and to authorize and require their removal by the proper officers." This work for many years has been under the immediate direction of the "Bureau of Incumbrances." This name is kept in use for convenience. The Revised Ordinances of 1880, under chapter 6, use it as the heading for article IV, which includes the various ordinances forbidding encumbering the streets. In the City Ordinances of 1859, where the eight bureaux of the Street Department are explicitly enumerated and defined (sec. 2, art. 1, chap. IV), no mention is made of a "Bureau of Incumbrances," although the department is given cognizance of "the removing incumbrances for streets, roads, places, wharves, piers and slips" (Id., sec. 1). The Bureau was explicitly authorized by the Consolidation Act (chap. 410, L. 1882, sec. 317, subdiv. 8). The powers given him as above are very great. The Charter gives the Street Cleaning Commissioner (sec. 545) power to remove certain movable property found in the streets. The terms of this section (545) and of 547 are so broad as to be somewhat confusing, for they apparently give the Street Cleaning Commissioner power to remove all "incumbrances," although intended, however, to be limited to those relating to cleaning the streets. Where an officer fails to remove incumbrances mandamus lies to compel him. See notes, sec. 219.

95. Each Borough President shall keep separate accounts with the two appropriations, one for the removal of incumbrances, and the other for the contingencies of his department and the several drafts shall be made upon the Comptroller, charging each appropriation with the respective drafts, and the Comptroller shall draw his warrant in each case in favor of the Borough President for the amounts thereof. (Id., sec. 144, with verbal changes.)

96. All articles removed as provided in this article may be redeemed by the owner upon his paying to the Borough President, for the use of the corporation, the necessary expenses of removal, together with six cents per day for every cart-load thereof during the time it shall remain unclaimed. (Id., sec. 145, with verbal changes.)

§ 97. Each Borough President shall enter in a book, to be provided for that purpose, a list of all articles so removed, with the time of removal and the expenses thereof; and when the same shall be redeemed he shall likewise enter

therein the name of the person redeeming the same and the amount received therefor, and shall render a certified account thereof to the Comptroller on Thursday of each week, and shall thereupon pay over the amount so received to the Chamberlain. He shall also thereupon receive from the Chamberlain duplicate vouchers for the payment thereof, one of which he shall, on the same day, file in the office of the Comptroller. (Id., sec. 146, with verbal changes.)

§ 98. He shall between the first and tenth days of February, May, August and November, and at any other time he may designate, in each year, advertise and sell, at public auction, all such articles so removed as shall have been in the public yard, or other suitable place, one month prior to the time of advertising; and he shall, immediately after such sale, account for and pay the proceeds thereof into the city treasury in the manner provided in the last section. (Id., sec. 147.)

§ 99. The jurisdiction over the corporation yards, except such as are or shall be established by the Commissioner of Street Cleaning, is vested in the Borough Presidents. sec. 148, with verbal changes.)

(Id.,

§ 100. The Presidents of the Boroughs of The City of New York be and they are each of them hereby authorized to close temporarily to traffic any street, avenue or public highway, or a portion thereof, when in their judgment travel in the said street, avenue or public highway is deemed to be dangerous to life in consequence of their being carried on in said street, avenue or public highway building operations, repairs to street pavement, or blasting for the purpose of removing rock from abutting property. (Res. app. May 31, 1904.)

Article II.-Numbering Streets and Buildings.

§ 101. It shall be the duty of any Borough President, in numbering and renumbering streets, to leave sufficient numbers on each block, so that, under any circumstances, there would be but one block where a change would be required in case of renumbering at any subsequent time. (R. O. 1897, sec. 229, with verbal changes.)

§ 102. Whenever any street north of Ninth street inclusive, in the Borough of Manhattan, shall be directed to be numbered or renumbered, the President of said borough shall cause the numbers to commence at the Fifth avenue, numbering east and west, beginning with No. 1 on the west side of Fifth avenue; No. 100 on the west side of Sixth avenue; No. 200 on the west side of Seventh avenue, and so on east and west of the Fifth avenue through the whole series of streets north of Ninth street, and including Ninth street; and said streets shall hereafter be called and known as East Ninth street and West Ninth street and so on; the