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§ 137. Any person or persons, excepting the Commissioner of Water Supply, Gas and Electricity, neglecting or refusing to remove the dirt, sand or rubbish mentioned herein within the time specified therein, shall forfeit and pay the sum of $25 for each offense; and, in addition thereto, the President of the Borough in which such work has been done shall cause the same to be removed at the expense of the party so neglecting or refusing, who shall be liable to repay and refund the same, and which sum shall be collected and paid into the city treasury. (Id., sec. 276,

with verbal changes.)

§ 138. It shall not be lawful for any of the gas companies of this city to break up any of the pavements of this city without the permission of the President of the Borough in which such work is to be done; and such consent shall not be given until the party applying therefor shall enter into a stipulation satisfactory to the said Borough President to repair and replace the said pavement to the satisfaction of the said Borough President, at his and their own expense, by a day to be named in such permit; and if any person or persons shall neglect or refuse to repair and replace the same in accordance with such stipulation and permit, they shall forfeit and pay for each offense the sum of $50, and, in addition thereto shall be liable to pay the expense of repairing and replacing such pavement, which shall be done by and under the direction of the said Borough President. (Id., sec. 278, with verbal changes.)

§ 139. It shall be lawful for the persons employed to pave or repave any street in The City of New York, to place proper obstructions across such street or cartway for the purpose of preserving the pavement then newly made or to be made, until the same shall be fit for use, leaving at all times a sufficient passage for foot passengers. (Id., sec. 279.) § 140. No person or persons shall, without the consent of the Borough President having jurisdiction of the street in which such obstruction is placed, in writing, or without the consent of the person superintending said paving, throw down, displace or remove any such obstruction mentioned in the last preceding_section, under the penalty of $15 for every such offense. (Id., sec. 280, with verbal changes.)

§ 141. Nothing contained in this article shall be construed to authorize any person or persons to stop up or obstruct more than the space of one block and one intersection, at the same time, in any one street, or to keep the same so stopped up for more than two days after the cartway is finished. (Id., sec. 281.)

§ 142. Whenever any person or persons shall have authority under any contract with the corporation or any officer thereof, or under any permit authorizing the same, to remove the pavement from, or to excavate, or to occupy or use any part of the public streets and avenues, in the city, so as to obstruct the travel in any streets or avenues,

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and to prevent the same from being used for the time being for the purposes of travel, such person or persons shall erect, or cause to be erected, in conspicuous positions, at the several points of intersection of such street or avenue so obstructed, with the cross streets nearest to such obstruction, a suitable notice of such obstructions, which notice shall be in such manner and form as the Borough President having jurisdiction of such street may at any time direct. (Id., sec. 282, with verbal changes.)

§ 143. Every person who shall violate the preceding section shall be subject to a penalty of $10, to be sued for and recovered in any court of competent jurisdiction. (Id., sec. 283.)

§ 144. No pavement in any street in The City of New York which has been accepted by the corporation, to be kept in repair at the public expense, shall hereafter be taken up, or the paving stones removed therefrom, for any purpose whatever, without the authority of the Borough President having charge thereof, under the penalty of $100 for every offense. (Id., sec. 284, with verbal changes.)

§ 145. Whenever any pavement in any such street, or any part or portion thereof, has been or shall be taken up, or the paving stones in any such street or part of a street have been or shall be removed therefrom, or from the place or position in which they have been put in such pavement, in violation of the preceding sections, it shall be the duty of the President of the Borough in which such work has been done, forthwith to restore such pavement to its former condition and replace the same, and restore the paving stones so removed as aforesaid to their place in the said pavement, so as to restore said pavement, as nearly as may be practicable, to the condition in which it was before such taking or removal as aforesaid. (Id., sec. 285, with verbal changes.)

§ 146. Whenever any wood, timber, stone, iron or any other metal has been or shall be put or placed in or upon any such pavement so as to hinder or obstruct or be in the way of the restoration of said pavement, as mentioned in the preceding section, it shall be the duty of the Borough President having charge of the street or pavement forthwith to cause such wood, timber, stone, iron or other metal to be taken up and removed from said street or pavement, so that they shall not incumber or obstruct said street and the free use of the pavement therein and all parts thereof. (Id., sec. 286, with verbal changes.)

§ 147. Whenever, hereafter, any person or association or body of persons, or any incorporated company, shall attempt to take up any such pavement mentioned in this article, or remove the paving stones, or any of them, therefrom, it shall be the duty of the Borough President having charge thereof forthwith to prevent the same, and generally to prevent the pavement in the street aforesaid, and

every part thereof, from being taken up, removed, incumbered or obstructed. (Id., sec. 287, with verbal changes.)

§ 148. It is hereby made the duty of the Borough Presidents, each in their respective jurisdiction, whenever granting a permit for any excavation, opening or disturbance of the pavement of the carriageway of any street, avenue or public place in The City of New York, or sidewalk thereof, except in cases where such opening, excavation or disturbance shall be directly authorized by law, to require of the person or persons by whom or for whose benefit any excavation or opening is to be made, for any purpose whatever, a deposit of such sum as shall be deemed sufficient to cover and pay all the expenses on the part of the department granting the permit, as the case may be, of furnishing such material, doing such work, and taking such means as shall be required to properly restore and secure against sinkage the street and sidewalk, pavement, curb and flagging necessary to be replaced in consequence of making such excavation, opening or disturbance; which deposit shall be a full discharge of all liability and claim against the person or persons making such deposit and payment for the work herein provided for and required of the departments aforesaid. (Id., sec. 740, with verbal changes.)

§ 149. The said Borough Presidents shall deposit weekly with the City Chamberlain all moneys received under the last preceding section, an account of which moneys shall be kept separate and distinct from all other funds and accounts whatsoever by the said Borough Presidents, and the City Chamberlain, who shall receive the same as a "special fund" in respect to each department separately, which is hereby created and established subject to such payments as hereinafter provided for. (Id., sec. 741, with verbal changes.)

§ 150. Whenever any pavement, sidewalk, curb or gutter in any street, avenue or public place shall be taken up, it shall be the duty of the Borough President, within whose jurisdiction said street or avenue is, to restore such pavement, sidewalk, curb or gutter to its proper condition as soon thereafter as is practicable, requiring the person or persons by whom or for whose benefit the same is removed to deposit the material composing the superstructure without breaking or injuring the same, and in a manner which will occasion the least inconvenience to the public, and to fill in any excavation made, and to leave the same properly packed, rammed and repaired for the repaving required. And the said Borough Presidents are hereby authorized to establish such rules and regulations as in their judgment shall be deemed necessary for the purpose of carrying out the provisions of this ordinance. (Id., sec, 742, with verbal changes.)

§ 151. Such sums as shall be certified by the said Borough Presidents to have been necessarily expended by him or them for any repaving done pursuant to this ordinance, shall be paid from the special fund hereby created upon the requisition of the said Borough Presidents, as the case may be, after examination, audit and allowance of accounts by the Finance Department, in the same manner that payments are or shall be required by law to be made from the city treasury, provided that the amount so certified and paid shall not exceed the aggregate amount of such special fund. (Id., sec. 743, with verbal changes.)

Article V.- Sewers and Drains.

§ 152. All sewers and drains in any of the streets, avenues or public places in the city shall be under the charge of the President of the Borough in which the same are situated, and said Borough Presidents in their respective territories shall keep the same in good order and condition, and clean and free from obstructions, and shall cause such repairs to be made to them and to the receiving basins. culverts and openings connected therewith, as may from time to time become necessary. Such sewer culverts shall be cleaned at night and not in the daytime. (R. O. 1897, sec. 301, with verbal changes.)

§ 153. The said Borough Presidents shall prescribe the mode of piercing or opening any of the sewers or drains in their respective territories, and the form, size and material of which connections therewith shall be composed, and shall have authority to grant permission to make lateral connections with said sewers. (Id., sec. 302, with verbal changes.)

§ 154. The said Borough Presidents may grant permission to persons to construct at their own expense sewers or drains, or to lay pipes to connect with any sewers or drains built in any of the streets or avenues in the city under their respective supervision, on being furnished with the written consent of the owners of a majority of the property upon the street through which such sewer, drain or pipe is to pass; but such permission shall not be granted except upon the agreement, in writing, of the persons applying therefor, that they shall comply with the ordinances in relation to excavating the streets, that they will indemnify the corporation for any damages or costs to which they may be put by reason of injuries resulting from neglect or carelessness in performing the work so permitted; and that no claim will be made by them or their successors in interest against the corporation, if the work so permitted be taken up by the authority of the Board of Aldermen, or for exemption from an assessment lawfully imposed for constructing sewers or drains in the vicinity of their property; and upon the further condition that the Board of Aldermen may at any time revoke and annul such

permission, and direct such sewers, drains or pipes to be taken up or removed. (Id., sec. 303, with verbal changes.) § 155. Each of the said Borough Presidents shall keep a record of all permits granted for connection with sewers or drains, in which he shall enter the names of all persons from whom he may receive money for such permits, with the amount received from each person and the time when it was received. He shall render an 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 also thereupon receive from the Chamberlain a voucher for the payment thereof, which he shall forthwith on the same day exhibit to the Comptroller, and shall at the same time leave with him a copy thereof. (Id., sec. 304, with verbal changes.)

§ 156. No connection shall be made with any sewer or drain without the written permission of the Borough President having jurisdiction as aforesaid; and any connection or opening made into any sewer or drain without such permission, or in a manner different from the mode prescribed for such opening by said Borough President, shall subject the person making the same and the owner of the premises directing it, respectively, to a penalty of $50. (Id., sec. 305, with verbal changes.)

§ 157. All openings into any sewers or drains, for the purpose of making connection therewith, from any house, cellar, vault, yard or other premises, shall be made by persons to be licensed by the several Borough Presidents, in writing, to perform such work; and the said persons, before being so licensed, shall execute a bond to the city in the sum of $1,000, with one or more sureties to be approved by the Borough President issuing such license, conditioned that they will carefully make the openings into any sewers or drains in the manner prescribed by the Borough President having jurisdiction to permit such openings to be made, without injuring them, leave no obstructions of any description whatever in them, and properly close up the sewer or drain around the connection made by them and make no opening into the arch of any sewer or drain; that they will faithfully comply with the ordinances relating to opening and excavating streets; be responsible for any damages or injuries that may accrue to persons, animals or property, by reason of any opening in any street, lane or avenue made by him or those in his employment; and that they will properly refill and ram the earth, and suitably restore the pavement taken up for excavating, and repave the same, should it settle or become out of order within six months thereafter; and in case any person so licensed shall neglect to repair the pavement aforesaid within twenty-four hours after being notified, the Borough President in whose territory the same is located may cause the

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