of for a smaller sum than that affixed to the description of said property under this article, and at least thirty days' previous notice of the time and place of such sale, including a description of the property to be sold, be published in the City Record. (Id., sec. 97, with verbal changes.)

§ 73. Real estate under lease, without covenants of renewal, shall not be sold for a less sum than the same may be appraised at by the Board of Commissioners of the Sinking Fund, or a majority of them, at a meeting to be held and on an appraisement made within one month prior to the date of the sale. (Id., sec. 98, with verbal changes.)

§ 74. Real estate under lease, with covenant of renewal, shall not be sold for a less sum than an amount equal to a commutation on the present rents reserved, calculated at six per cent. (Id., sec. 99.)

§ 75. Real estate not embraced in the last two preceding sections shall not be sold for a less sum than the same may be so appraised at. (Id., sec. 100.)

§ 76. Whenever any real estate shall have been sold pursuant to the preceding sections of this article, it shall be the duty of the Board of 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 article, 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 Board of Aldermen to execute proper conveyances of such real estate under their hands and the seal of the city corporation. (Id., sec. 101, with verbal changes.)

Article V.- The Collector of Assessments and Arrears.

§ 77. There shall be paid to and collected by the Collector of Assessments and Arrears, for the benefit of the city treasury, on his furnishing a bill of arrears or making searches upon a requisition for searches on each lot or piece of property mentioned or referred to therein, in respect to Croton water rents, 50 cents; in respect to taxes, 50 cents; in respect to assessments, 50 cents; and for his certificate upon any such bill or search, when requested, 10 cents. (Id., sec. 39, with verbal changes.)

Article VI.- The Bureau of City Revenue and Markets.

§ 78. The Collector of City Revenue and the Superintendent of Markets is charged with the duty of superintending the public markets, the inspection, regulation and management thereof, and of the transferring and other regulation of the stalls and stands therein. (R. O. 1897, sec. 44, with verbal changes.)

This bureau is under the control of the Finance Department, sec. 151, Greater New York Charter. The City Ordinances of 1859 placed

the Bureau of Markets in the City Inspector's Department. That a municipal corporation has power to establish public markets is well settled. St. Johns v. Mayor, etc., of N. Y., 6 Duer, 315; People v. Lowber, 7 Abb. Pr. 158, 28 Barb. 65; Ketchum v. City of Buffalo, 14 N. Y. 356, aff. 21 Barb. 294. And municipal corporations have power to regulate established markets: Mayor, etc., of N. Y. v. Schultz, 31 How. Pr. 385; Barry v. Kennedy, 11 Abb. Pr., N. S., 421. As to power of Comptroller, see Lowenstein v. Myers, 49 N. Y. St. Rep. 807, and People ex rel. Westervelt v. Meyer, 5 N. Y. Supp. 69. An ordinance requiring butchers to have licenses sustained: City of Buffalo v. Hill, 79 App. Div. 402. The city cannot, however, grant permits to erect market stands in the public streets: Ely v. Campbell, 59 How. Pr. 333.

§ 79. The Comptroller may 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, at any time, remove them, or appoint others in their stead. (Id., sec. 45.)

§ 80. No transfer or assignment of any stall or stand in any of the public markets shall be made without the written permission of the Comptroller, and such transfer shall be duly entered upon the register or list of stands, and notice of the transfer, when made, shall be given to the Comptroller. (Id., sec. 46.)

As to rights of assignee see People ex rel. Danzinger vs. Metz, 123 App. Div. 269. § 81. The following places are hereby severally designated and declared to be the public markets of The City of New York, to wit: Clinton Market, Essex Market, Franklin Market, Fulton Market, Jefferson Market, Tompkins Market, Washington Market, West Washington Market, Gouverneur Slip and the Farmer's Market, bounded by Little Twelfth street, Gansevoort street, Washington street and West street and Tenth avenue. (Id., sec. 47.)

§ 82. So much of the lands as are bounded and described as follows, to wit: Parcel No. 1, bounded on the north by the southerly side of the approach to the Williamsburg bridge, on the east by the westerly side of Attorney street, on the south by the southerly clearance line of the Williamsburg bridge, and on the west by a line parallel with Attorney street, and distant 160 feet from the west side of Attorney street, said parcel being 160 feet in length by 31 feet 9 inches in width. Parcel No. 2, bounded on the north by the southerly side of the approach to the Williamsburg bridge, on the east by the westerly side of Ridge street, on the south by the southerly clearance line of Williamsburg bridge property, and on the west by the easterly side of Attorney street; said parcel being about 200 feet in length by 31 feet 9 inches in width; is hereby declared to be a temporary market place for hucksters and peddlers using pushcarts, pending the completion of the bridge, the Commissioner of Bridges to determine the date of said completion.

Said hucksters and peddlers are hereby authorized to stand in the said market place, as soon as the same shall e in proper condition, and there to exhibit their wares and

to vend the same; subject to such rules and regulations concerning fees, the hours of doing business and the general management of said market as may be made by the Comptroller of The City of New York. (Ord. app. July 21, 1902.) § 83. Provision is hereby made for the acquisition and establishment of a public wholesale market in the Eighth Ward of the Borough of Brooklyn, City of New York, upon the lands and lands under water hereinafter described, which are hereby selected for a public wholesale market in said Borough of Brooklyn, and surveys and maps thereof are hereby directed to be made and filed as provided by law. Said lands or lands under water shall be acquired for said purposes by purchase or by condemnation proceedings, as required by law, provided, however, that this matter be submitted to the Board of Estimate and Apportionment, and that no further proceedings be taken until the acquisition of said lands or lands under water is approved and authorized by the Board of Estimate and Apportionment, as required by law.

The lands and lands under water so selected shall be set apart for use as a public wholesale market, provided, however, that said lands or lands under water or any part thereof, whenever they shall no longer be required for the purpose of a market, may be assigned by the Commissioners of the Sinking Fund for use for any other public purpose, or may be sold by said commissioners in the manner provided by law.

For the purpose of paying for the acquisition of said lands or lands under water, whether such lands or lands under water be acquired by purchase or by condemnation proceedings, and for the purpose of paying for the construction of said market, the Comptroller, subject to the approval of the Board of Estimate and Apportionment, in the manner provided by law, is authorized to issue corporate stock of The City of New York. Such corporate stock shall be issued from time to time upon the requisition of the Board of Estimate and Apportionment, to the amount of such requisition or requisitions, and the proceeds thereof shall be paid into the city treasury and shall constitute a fund for the purpose aforesaid.

The lands or lands under water hereinbefore mentioned and referred to are described as follows:

All that certain plot, piece or parcel of land and land under water, situate, lying and being in the Eighth Ward, Borough of Brooklyn, County of Kings, City and State of New York, bounded and described as follows: Beginning at a point on the westerly line or side of Second avenue, 375 feet northerly from the centre line of Thirty-ninth street, as said street and avenue are laid down on the map of the commissioners appointed by the Legislature of the State of New York to lay out streets, avenues and squares in the former City of Brooklyn; running thence westerly on a line

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 espective 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