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one fare, desires to traverse such route or routes. (Id., sec. 593, with verbal changes.)

§ 64. Every violation of the foregoing provisions of this ordinance shall subject such company or companies to a penalty of five dollars for each day, or part thereof, during which the notice above provided for shall not be posted and maintained as herein before required, and each and every of the cars included in the foregoing section of this ordinance, to be recovered on behalf of The City of New York by the Corporation Counsel, in any court of competent jurisdiction. (Id., sec. 594, with verbal changes.)

§ 65. The several railroad companies now running cars on the surface of any streets in the Borough of Manhattan are hereby directed and required to cause their cars to be run and operated on their tracks as frequently as public convenience may require, and not less than one car every twenty-four minutes, between the hours of twelve midnight and six o'clock a. m., each and every day, both ways, for the transportation of passengers. (Id., sec. 595, with verbal changes.)

In a suit to enforce the penalty evidence was offered to show that the ordinance was unreasonable, but it was not received. Held reversible error. Mayor, etc., vs. Dry Dock East Broadway R. R. Co., 133 N. Y. 104. See Mayor vs. N. Y. Harlem R. Co., 10 Misc. 417. Where fenders were required on the front platforms of Brooklyn cars, held to be unreasonable. City of Brooklyn vs. Nassau Electric Co., 38 App. Div., 365.

§ 66. Each and every company who shall neglect or refuse to comply with the provisions of section 1 of this ordinance shall thereby incur a penalty of $100 for each and every such neglect or refusal, to be recovered by the Corporation Counsel, as in the case of other penalties. (Id., sec. 596, with verbal changes.)

§ 67. It shall be the duty of every person, company or corporation, operating or controlling any railroad in the Borough of The Bronx, City of New York, upon which cars are drawn by locomotive engines other than those known as "dummies," to erect and maintain suitable and substantial gates or doors on each and either side of said railroad, at every point in said borough at which its road or tracks cross any public street, road or avenue at the grade thereof. Such gates or doors shall be kept well painted and in good repair, and be attended at all times during the approach and passage of cars or trains by sober, careful and experienced men, whose duty it shall be to keep the tracks clear of all horses, cattle and vehicles, to properly warn all the persons against crossing said track during the approach of any train, locomotive or car, and to close said gates or doors at least one minute before the passage of any locomotive, engine or car over said public street, road or avenue. (Id., sec. 597, with verbal changes.)

§ 68. It shall not be lawful for any person, company or corporation, operating or controlling any railroad in the

Borough of The Bronx, City of New York, to run or allow to run any locomotive or locomotive and tender without cars across any public street, road or avenue in said borough, unless the gates or doors at such crossing are closed or down, or to permit any locomotive or steam engine, car, carriage, wagon or vehicle of any kind whatever to stand for a longer time than five minutes on the intersection caused by the crossing of such railroad and any public street, road, or avenue at the grade thereof. (Id., sec. 598, with verbal changes.)

§ 69. Every failure to comply with the provisions of this ordinance on the part of the president, directors, superintendent or other officers of any company or corporation, or on the part of any person or persons operating or controlling any such railroad, shall be deemed a misdemeanor, and the person or persons so offending shall be punished on conviction before any of the City Magistrates of The City of New York, pursuant to the provisions of section 85 of The New York City Consolidation Act of 1882. (Id., sec. 599, with verbal changes.)

§ 70. It shall be unlawful for any railroad company or companies using the tunnel or tunnels in Park avenue, and for any manager, employee or servant of such company or companies to permit bituminous coal smoke to escape from any locomotive while in or running through said tunnels. (Id., sec. 600, with verbal changes.)

§ 71. Any company, manager or employee or servant of any railroad company or companies who shall allow or suffer any violation of this ordinance to be committed within any of said tunnels shall pay a penalty of fifty dollars, and in default of payment of such fine, shall be punished by imprisonment, as provided by section 85 of the New York City Consolidation Act of 1882. (Id., sec. 601, with verbal changes.)

§ 72. Such penalty shall be without prejudice to the right of action of any person injured by violation of this ordinance. (Id., sec. 602.)

§ 73. The several railroad companies whose lines terminate at the port of New York may draw or cause to be drawn their freight cars by the use of dummy engines furnished by the said railroads, or the Central Park, North and East River Railroad Company as may be agreed upon, between the hours of seven o'clock in the evening and five o'clock in the morning, between the fifteenth day of April and the fifteenth day of September, and between the hours of six o'clock in the evening and five-thirty o'clock in the morning, between the fifteenth day of September and the fifteenth day of April in each year, over the railroad tracks used by the said Central Park, North and East River Railroad Company on West street, and from West street to and on the East river side of the Borough of Manhattan as far as Grand street, with the consent of said company, and also

to lay down railroad tracks to and upon any of the bulkheads and piers and into warehouses on the North and East rivers to connect with any railroad tracks now laid on West street, and also to connect with any railroad tracks from West street to Grand street, on or near the East river, used by the said Central Park, North and East River Railroad Company, with the necessary branches, switches and turnouts, and to run their freight cars thereon, provided the consent of the owners, lessee or lessees of said bulkheads and piers and warehouses for the construction of said branches, switches and turnouts be first had and obtained. Every railroad company which shall avail itself of the permission hereby granted shall limit the number of loaded cars to be drawn by a dummy engine at any one time to fifteen and the speed of said engine to six miles an hour, and shall pay to The City of New York an annual license fee of fifty dollars for each dummy engine run by said company. None of said cars shall be permitted to stand on said railroad tracks, nor shall they be loaded or unloaded except on said bulkheads and piers or in said warehouses. Provided always that said Central Park, North and East River Railroad Company shall extend equal privileges to said first-mentioned companies in the use of its railroad tracks. (Id., sec. 603, with verbal changes.)

§ 74. The Sixth Avenue Railroad Company, or the Metropolitan Street Railway Company, lessee thereof, shall be required to run cars over so much of its route as continues from West Third street and Sixth avenue to Carmine street, to Varick street, to Katts street, to the Desbrosses street ferry and return, in the Borough of Manhattan, at intervals of not more than five minutes between the hours of five o'clock a. m. and eleven o'clock p. m., under a penalty of twenty-five dollars for each violation of this provision. (Ord. app. Feb. 21, 1899.)

§ 75. The Metropolitan Street Railway Company be and and it is hereby directed to have placed on each and every car operated on the Lexington avenue branch of its system a sign indicating in plain letters the exact stopping point at the end of the run of each and every car so operated on said Lexington avenue branch of the railroad system of the Metropolitan Street Railway Company. (Ord. app. Dec. 19, 1899, sec. 1.)

§ 76. Each and every violation of the provisions of the foregoing section shall be subject to a fine of not less than ten dollars ($10). (Id., sec. 2.)

Article II.- Elevated Railroads.

§ 77. There shall be placed or suspended and lighted, beneath each depot station of the several elevated railways in the Borough of Manhattan, two lights of gas, or other illuminating material of not less power, inclosed in "boulevard lamps or glass globes, of such pattern and in such

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places under said depots as shall be approved by the President of the Borough, and every such light shall be kept burning during the same hours as the ordinary street lamps. Every failure to comply with the provisions of this section on the part of the president, superintendent, directors or other officer of every such railroad company, shall be deemed a misdemeanor, and shall be punished, on conviction before any of the City Magistrates of The City of New York, by a fine not exceeding ten dollars ($10) for each offense, or in default of payment of such fine, by imprisonment not exceeding ten days. (R. O. 1897, sec. 608, with verbal changes.)

§ 78. It shall not be lawful to permit any oil, grease, water, coals, scraps of iron, tools, or other liquid or solid substances, to fall or be dropped or be thrown from any engine, car, track, depot or other part or portion of the elevated railroads, into or upon any street, avenue or public place in the Borough of Manhattan; and every person offending against the above provisions of this section, and the president, superintendent, directors or other officers of every such railroad company who shall permit or allow any of the employees, agents, or servants of any railroad company to violate any of said provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof before any of the City Magistrates of this city, shall pay a fine not exceeding ten dollars ($10) for each offense, or in default of payment of said fine, shall be punished by imprisonment not exceeding ten days. (Id., sec. 609, with verbal changes, amend. by ord. app. Nov. 23, 1906.)

§ 79. All elevated railroad companies or other companies operating elevated railroads in the Borough of Manhattan shall place a guard-rail and a board pathway on each side and in the center of such elevated railroad structures throughout the entire length thereof and keep and maintain the same, and that for a violation of this ordinance each elevated railroad company or other company operating such railroads shall be liable to a fine of not less than fifty dollars ($50) for each day of such violation. (Ord. app. Nov. 8, 1899.)

CHAPTER 5.- MISCELLANEOUS ORDINANCES.

Article I.- To Prevent Injury to Hose at Fires.

§ 80. The driver of any vehicle who shall drive any such vehicle over or across any hose in use, or about to be used, or while lying in the carriageway after being used in any street, avenue or public place in the Borough of Manhattan, by any portion of the Fire Department, for extinguishing any fire that may occur within the limits of said borough, shall be deemed guilty of a misdemeanor, and on conviction thereof before any City Magistrate, shall pay a fine of ten dollars, or in default of the payment of such fine, by imprisonment, provided such imprisonment does not exceed

ten days. (R. O. 1897, sec. 710, with verbal changes, amend. by ord. app. Nov. 23, 1906.)

§ 81. The provisions of the last preceding section shall not apply to drivers of wagons carrying the United States mail, to drivers of ambulances, when conveying any patient or injured person to any hospital, or when proceeding to the scene of any accident by which any person or persons have been injured; or to any driver of any vehicle who may be permitted to drive over or across any such hose by the officer of the Fire Department in command of the force operating at any such fire, and under his direction. (Id., sec. 711.)

Article II.- Placards on Lamp-posts, Etc.

§ 82. No person shall attach, place or paste, or cause to be attached, placed or pasted any sign, advertisement, notice or hand bill, or other matter, on any curbstone, flagstone or any other portion or part of any sidewalk or curbstone in the Borough of Manhattan, under a like penalty. (R. O. 1897, sec. 730, with verbal changes.)

§ 83. The violation of any of the provisions of the preceding section shall be punishable by a fine of not less than one dollar or more than ten dollars. (Id., sec. 731.)

Article III.- Defacing Sidewalks.

§ 84. No person shall deface any sidewalk in the Borough of Manhattan, by printing thereon any advertisement or other matter, without the consent of the owner thereof, under penalty of five dollars for each offense. (Id., sec. 732, with verbal changes.)

Article IV.-Blasting of Rocks.

§ 85. In all cases of blasting rock within the Borough of Manhattan, each blast, before firing it, shall be covered on the top and sides with tin sufficiently large to cover the rock to be broken, and the tin to be covered with at least twelve timbers ten inches square and ten feet long each, to be held together at each end by a chain of either steel or iron three-quarters of an inch in diameter. The explosive to be used shall not exceed one pound in weight of forty per cent explosive for each four feet depth of hole that is not ten feet below the curb, and one pound in weight of sixty per cent explosive for each four feet depth of hole that is more than ten feet below the curb. (Id., sec. 737, with verbal changes.)

§ 86. 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 200 feet from the point of discharge, and shall notify the occupants

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