dividing line to be the Fifth avenue. (Id., sec. 230, with verbal changes.)

§ 103. Whenever any street shall have been numbered or renumbered, as the case may be, in pursuance of these ordinances, such numbers shall not be changed or altered without the consent of the President of the Borough, under the penalty of twenty-five dollars ($25) for each offense, to be sued for and collected of the person or persons SO violating these ordinances. (Id., sec. 231, with verbal changes.)

§ 104. In all cases where a street shall have been numbered or renumbered, in pursuance of these ordinances, it shall be the duty of the Borough President thereafter to adjust and renumber such street as the same may be required from. time to time. (Id., sec. 232, with verbal changes.)

§ 105. Whenever any house or lot in any street in the Borough of Manhattan shall have been numbered or renumbered, according to law or the provisions of these ordinances, it shall be the duty of the President of the Borough to cause to be served upon the owner of the house so numbered or renumbered, or upon his agent, or upon the sole lessee (if any) of such house, either personally or by leaving at the residence of said owner, agent or lessee a copy of the resolution or ordinance so numbering or renumbering such house, together with a notice designating the numbering or renumbering of the same, directed to such owner, agent or lessee. If such owner, agent or lessee shall fail, within ten days after such service, to number or renumber in a conspicuous manner the house so numbered or renumbered, as aforesaid, the one or such of them so notified, and failing as aforesaid, shall be jointly and severally liable to a penalty of $1 for each day after the expiration of said ten days, until said resolution or ordinance shall have been complied with. Provided, however, that the penalty above provided for shall not be recoverable in either of the following cases: First, as against the agent if he offer satisfactory proof that compliance with the resolution or ordinance is not within the scope of his authority; second, as against the lessee, if he offer satisfactory proof that his control of the demised house does not extend to numbering or renumbering the same; third, as against any defendant who shall prove that the house in question has been numbered or renumbered within the two years last preceding the date of the beginning of the action for such penalty. A copy of this section shall be indorsed upon each notice so served as aforesaid. (Ord. app. Feb. 24, 1905.)

§ 106. No person or persons shall cover up or remove any of the monument stones for designating the avenues and streets in The City of New York, without giving three days' notice in writing of his intention so to do to the President

of the Borough in which such monument stone is situated. (R. O. 1897, sec. 233, with verbal changes.)

§ 107. It shall be the duty of the Borough President receiving such notice forthwith to cause one of the city surveyors or an engineer in his department 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 his office for that purpose. (Id., sec. 234, with verbal changes.)

§ 108. It shall be the duty of each of the Borough Presidents above mentioned 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 Borough President. (Id., sec. 235, with verbal changes.)

§ 109. No excavation or embankment shall be made, or any pavement or flagging laid or moved by any person or persons within two feet of any monument or bolt, which has been set by proper authority or designated on any official map as a landmark to denote street lines within The City of New York unless a license therefor has been obtained from the President of the Borough in which such monument or bolt is situated. (Id., sec. 236, with verbal changes.)

§ 110. Whenever it may be necessary to make any excavation or embankment, or to lay or remove any pavement or flagging within two feet of any street monument or bolt, as aforesaid, any person or persons intending to do such work shall make written application to the Borough President having jurisdiction as aforesaid for a license, which application shall set forth the nature of the work proposed and location of the monument affected thereby.

The said Borough President shall thereupon cause one of the city surveyors or an engineer in his department to take such measurements and field notes as may be necessary to restore such monuments to their correct position after the completion of the contemplated work, and when such measurements and field notes have been taken, but not before, may issue a license as desired. (Id., sec. 237, with verbal changes.

§ 111. Whenever any of the Borough Presidents above mentioned shall ascertain that any monument stone has been removed, he shall forthwith cause the same to be placed in its proper position, and shall note the same on the map in the manner before stated. (Id., sec. 238, with verbal changes.

§ 112. The expenses attending the same shall be paid by the Comptroller on the certificate of the Borough President, causing such work to be done. (Id., sec. 239, with verbal changes.)

§ 113. If any person or persons shall make any excavation or embankment, or lay or take up any pavement or flagging within two feet of any street monument, or shall in any way remove, injure or deface any such monument, without having first obtained a license as aforesaid, such person or persons shall be subject to a penalty of $50 for each offense, to be imposed by any city magistrate or justice either on his own view or on testimony taken in a summary manner, and in default of payment of any fine so imposed such city magistrate or justice shall commit such offender to the city prison for a period not to exceed thirty days unless such fine is sooner paid. (Id., sec. 240, as amended by ord. app. Nov. 23, 1906.)

Article III- Flagging, Curbing and Repairing Sidewalks.

§ 114. All streets in the Borough of Manhattan of 22 feet in width and upward shall have sidewalks on each side thereof laid with granite or bluestone flagging, not less than 3 inches thick, and not less than 2 feet wide, and containing a superficial area of at least 8 square feet. (R. O. 1897, sec. 242, with verbal changes. (Amended by ord. app. Nov. 17, 1906, infra.)

The general plan prescribed in this article is very old, having been adopted early in the last century.

§ 115. In all streets of the Borough of Manhattan of the width of 40 feet and upward, which are paved, or shall hereafter be paved or repaved, the sidewalks or footwalks between the lines of the streets and kennels shall be of the following width, that is to say:

1. In all streets 40 feet wide, 10 feet. 2. In all streets 50 feet wide, 13 feet. 3. In all streets 60 feet wide, 15 feet.

4. In all streets 70 feet wide, 18 feet.

5. In all streets 75 feet wide, 18 feet 6 inches.

6. In all streets 80 feet wide, 19 feet.

7. In all streets above 80 feet and not exceeding 100 feet, 20. feet.

8. In all streets of more than 100 feet, 22 feet and no more. (Id., sec. 243, with verbal changes.)

§ 116. In all streets less than 40 feet in width such proportion thereof as may be directed by the President of the Borough in which such streets are located shall be used and flagged for sidewalks and footpaths. (Id., sec. 244, with verbal changes.

§ 117 omitted.

§ 118. All sidewalks in the Borough of Manhattan shall raised from the curbstone in the proportion of 2 inches 10 feet, under the penalty of $10, to be sued for and covered from the persons laying and fixing the same and ne owner or owners of the lot fronting on the sidewalk, . severally and respectively. (Id., sec. 245, with verbal changes.)

§ 119. No person shall extend the sidewalk before his lot beyond that of his neighbor, in any street where the same is not yet extended to the width allowed by law under the penalty of $10 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 sidewalks, severally and respectively. (Id., sec. 246.)

§ 120. The last preceding section of this article shall not be construed to prevent the extending of any such sidewalks when a majority of the owners of property on the same side of the street and between the two nearest corners, by and with the permission of the President of the Borough in which such street is located, agree to and do extend the sidewalks in front of their respective lots of ground in like manner. (Id., sec. 247, with verbal changes.)

§ 121. No sidewalk or any part of a sidewalk laid with brick or flagging shall hereafter be taken up, or the brick or flagging removed therefrom, for any purpose whatever, in The City of New York, without the written permission of the President of the Borough in which the same is situated, under the penalty of $25 for every such offense; but the provisions of this section, unless such work should come within the limits of an ordinance of the Board of Aldermen, shall not apply to any person engaged in the necessary repairs of any such sidewalk, the resetting, when necessary, of any curb or gutter-stones that may have become displaced, broken or sunken, or the necessary repair or alteration of any coal slide under any such sidewalk, nor shall a permit for any such purpose be necessary. (Id., sec. 248, with verbal changes. Amended by ord. app. Nov. 17, 1906, infra.)

$122. All private cart-ways, crossing any of the sidewalks of the Borough of Manhattan, and all sidewalks whatever shall be paved with granite or bluestone, not less in size than eight superficial feet, hewn and laid closely together, and not with brick or with round or paving stones, under the penalty of $10 upon the owner and occupant of the lot in front of which such cart-way or sidewalk shall be, severally and respectively. (Id., sec. 240, with verbal changes. Amended by ord. app. Nov. 17, 1906, infra.)

§ 123. In case any part of such private cart-way or any part of such sidewalk shall not be paved, repaved or repaired according to the provisions of the last section, it shall be lawful for the said Borough President 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 done under the direction of the said Borough President, and the expense thereof collected of the owner or owners, occupant or occupants of the lot fronting thereon. (Id., sec. 250, with verbal changes.)

§ 124. All curb-stones which shall hereafter be laid for the purpose of supporting the sidewalks shall not be less

than three feet in length, 5 inches thick, 20 inches wide throughout, and shall be of the best bluestone or gray granite, and cut, prepared and laid in the following manner, that is to say: 10 inches of the stone shall be laid below the kennel and 10 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 8 inches above the gutter-stone, the curb to be laid or relaid as aforesaid shall not be placed more than 8 inches above the gutter-stone unless the person or persons laying or relaying 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 replace the same in a proper manner for a space of at least 5 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 level of 1 inch; the front to be cut smooth and to a fair line to the depth of 14 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 $10 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 fronting on the sidewalk so fixed, severally and respectively; but in all cases where streets are repaved and curbs are reset at the public expense, the President of the Borough in which the same are located may lay curb not exceeding 8 inches in width and not less than 12 inches in depth, with a foundation of concrete of not less than 5 inches in depth. (Id., sec. 251, with verbal changes.)

§ 125. All gutter-stones which shall hereafter be laid in this city shall be of the best hard bluestone or granite, at least 30 inches in length, 14 inches in width, and 6 inches thick, and shall be cut to a fair and level surface without windings, with true and parallel sides, and the ends square so as to form tight and close joints, under the penalty of $10, 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. (Id., sec. 252.)

§ 126. If any street, when paved, shall not exactly range, the gutter or outside of the footpath 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 President of the Borough in which the same is located, and a profile thereof, with the regulations distinctly marked thereon, shall be deposited and kept in the fice of the Borough President regulating the same. (Id., 253, with verbal changes.)

127. When any carriageway shall have been paved, and najority of owners of lots on the same block shall have