above details shall be made by each branch office to the principal office. All moneys received each day shall be duly deposited in a designated city depository the following day. There shall also be kept in the principal office of said Bureau a book showing a statement of all licenses issued and fees received by said Bureau and its branches, tabulated by days, months and quarters of the year, and compiled annually. (Id., sec. 5.)

TITLE II. THE GRANTING AND REGULATION OF LICENSES.

Article I.-Business Requiring a License.

§ 305. The following businesses must be duly licensed as herein provided, namely, public cartmen, truckmen, hackmen, cabmen, expressmen, drivers, junk dealers, dealers in second-hand articles, hawkers, peddlers, venders, ticket speculators, coal scalpers,. common shows, shooting galleries, bowling alleys, billiard tables, dirt carts, exterior hoists and stands within stoop-lines and under the stairs of the elevated railroad stations. (Ord. app. May 22, 1899, sec. 1.)

This ordinance covered the entire field of licenses and revised the whole subject. The power to require licenses is given the Board of Aldermen in section 51 of the Greater New York Charter, L. 1901, chap. 466. At the time the ordinance was passed, 1899, pawnbrokers were licensed under the State law. See L. 1883, chap. 339, as amended by chap. 363, L. 1884; chap. 240, L. 1890, and chap. 538, L. 1893, and keepers of intelligence offices also by chap. 410, L. 1888, as amended by chap. 330, L. 1891. They are now enumerated in section 51 of the Charter as among the businesses that may be licensed by the city. Stands within stoop-lines may be authorized under section 50 of the Charter. The decisions construing the general subjects in this chapter are given under the sections relating to specific business. Penalties for all violations of this and the subsequent sections to No. 379, inclusive, are regulated by section 379. See also section 329. An act of the legislature requiring dancing academies in New York City to be licensed, declared unconstitutional. People ex rel. Duryea vs. Wilber, 198 N. Y. 1. A city ordinance forbidding non-residents from engaging in the business of distributing packages without a license declared unconstitutional and void. City of Watertown vs. Rodenbaugh, 112 App. Div. 723.

§306. No person shall engage in or carry on any such business without a license therefor under a penalty of not less than two dollars, nor more than twenty-five dollars for each offense, and for the purposes of this ordinance the term person shall include any human being or lawful association of such. (Id., sec. 2.)

There can be no doubt of the general power of a municipal corporation to regulate and control the occupations referred to. The courts have even gone so far as to hold that where a license is required of a business, one who engages in that business without a license may not recover the value of goods sold or services rendered. Ferdon vs. Cunningham, 20 How. Pr. 154; Best vs. Bauder, 29 How. Pr. 489; but, see Miller vs. Burke, 6 Daly, 171, affd. 68 N. Y. 615; see cases under specific subjects, infra.

Article II.-Licenses and License Fees.

§ 307. All licenses shall be granted by authority of the Mayor and issued by the Bureau of Licenses for a term of one year from the date thereof, unless sooner suspended or revoked by the Mayor, and no person shall be licensed except a citizen of the United States or one who has regularly declared intention to become a citizen.

The Mayor shall have power to suspend or revoke any license or permit issued under the provisions of this ordinance. The Mayor shall also have power to impose a fine of not more than five dollars or less than one dollar for any violation of the regulations herein provided, and to suspend the license pending payment of such fine, which, when collected, shall be paid into the sinking fund for the redemption of the city debt. (Id., sec. 3.)

§ 308. The anuual license fees shall be as below enumerated:

For each newspaper or periodical stand, or both, and in

addition also fruit or soda water, or both

15 00

For each movable newspaper stand

1 00

For each newspaper and periodical stand, or both.
For each chair of a bootblack stand..

5 00

5 00

For each stand under elevated railroad stations.

10 00

For each driver of any licensed vehicle

50

(Id., sec. 4.)

§309. Any license, before its expiration or within thirty days thereafter, may be renewed for another term, upon payment of one-half the license fee above designated therefor.

All licenses in force when this ordinance takes effect for any business enumerated above may be renewed under the foregoing provisions regulating renewals of licenses hereunder issued. (Id., sec. 5.)

Article III.-Special Regulations and Rates.

I. Public Carts and Cartmen.

§ 310. Every vehicle, of whatever construction, drawn by animal power or propelled by other motive power, which shall be kept for

hire or used to carry merchandise, household furniture or other bulky articles within The City of New York for pay, shall be deemed a public cart, and the owner thereof shall be deemed a public cartman. (Id., sec. 6.)

An ordinance requiring a license to be taken out where trucks are used for hire was held valid in City of Brooklyn vs. Breslin, 57 N. Y. 591. And it has been held that where a license was required, unless one was taken out, the driver or owner of carts and trucks used for public hire could not recover for services actually rendered. Ferdon vs. Cunningham, 20 How. Pr. 154.

§ 311. Every public cart shall show on each outside thereof the words "Public Cart" or the letters "P. C.," together with the figures of its official number. (Id., sec. 7.)

312. The amount to be charged for loading, transporting or transmitting and unloading, may be agreed upon in advance, and such a contract shall regulate and control the employment. (Id., sec. 8.)

§313. The legal rates for moving household furniture, unless otherwise mutually agreed, shall be as follows:

For a single truck load, within two miles
For every additional mile or part thereof

For each flight of stairs, up or down.

For loading, unloading and housing to ground floor.

For a double truck load, within two miles
For every additional mile or part thereof

For loading, unloading and housing to ground floor.
For every flight of stairs, up or down.

(Id., sec. 9.)

§ 314. Every public cartman shall be entitled to be paid the legal rate of compensation herein provided immediately after the transportation and before actual delivery, and in default of such payment to retain a load or part thereof sufficient to secure charges, and convey the same promptly to the Property Clerk of the Police Department, or to a convenient storage warehouse, where the same may be left on storage, subject to all charges incurred, including cartage to place of deposit. A notice, in writing, with a brief statement of particulars, shall be sent at once by the cartman to the Bureau of Licenses. (Id., sec. 10.)

II. Drivers of Licensed Vehicles.

§ 315. Every person driving a licensed hack, or express, shall be licensed as such driver, and every application for such license shall be indorsed, in writing, by two reputable residents of The City of New York testifying to the competence of the applicant. No owner of a licensed hack or express shall employ an unlicensed driver under a penalty of $10 for each and every offense. (Amend. app. June 29, 1909.)

III. Public Hacks and Hackmen.

§ 316. Any vehicle kept for hire shall be deemed a public hack and a vehicle intended to seat two persons inside shall be deemed a cab, and a vehicle intended to seat four persons inside shall be deemed a coach, and the term hackman shall be deemed to include owner or driver, or both. (Ord. app. November 2, 1905, sec. 1.)

But a hotel omnibus conveying guests of a hotel to and from station free of charge is not a "public conveyance.' City of Oswego vs. Collins, 38 Hun, 171. § 316a. Any meter, instrument or device by which the charge for hire of a licensed hack is mechanically calculated either for distance traveled or for waiting time or both, and upon which such charge shall be indicated by means of figures, shall be deemed a taximeter. Every vehicle upon which such taximeter is affixed shall be deemed a taxicab. (Ord. app. June 29, 1909.)

§ 316b. Each vehicle upon which a taximeter is affixed shall be licensed and the owner thereof shall pay annually such fees as are hereinafter provided:

Each special taxicab, $10.

Each public taxicab, $10.

Each driver of a taxicab shall pay an annual license fee of $2. The owner or driver of any hack upon which a taximeter is affixed and who has duly procured a license to use or drive such vehicle according to the provisions of any ordinance hereinbefore enacted, may continue to use or drive said vehicle under such license until its expiration. (Ord. app. June 29, 1909.)

§ 316c. There shall be under the direction of the Chief of the Bureau of Licenses such inspectors as may be found necessary to carry on the work hereinafter described, who shall be appointed by the Mayor and who shall be paid such compensation as shall be fixed by law.

§ 316d. It shall be the duty of such inspectors to test, inspect and ascertain the accuracy of each and every taximeter affixed to or about to be affixed to any vehicle offered for hire, and to measure, test and examine every wheel, tire, gear, shaft and every part of the mechanism of such vehicle which may affect or control the operation of such taximeter. An inspector shall mark and number each taximeter and vehicle which is approved by him at least once every six months and as much oftener as the Chief of the Bureau of Licenses may deem necessary, with some suitable device, which device shall be recorded in the office of the Bureau of Licenses. Any person may provide and keep on his premises a suitable and proper apparatus to be approved and marked by the Chief Inspector for testing and proving the accuracy of taximeters and vehicles furnished for use by him and by which apparatus all taximeters and vehicles may be tested and proved. It shall be the duty of any person using or permitting to be used any taxicab immediately after any inspection or test to effectually seal up the case containing the working parts of the taximeter and the case or cover of the gear which operates the distance recording apparatus, if it is not inclosed in the main part of the taximeter. (Ord. app. June 29, 1909.)

§316e. Any person who shall use or permit to be used or who shall drive for hire any taxicab the seal of the case or cover of the taximeter or gear of which is not intact, shall, upon conviction

thereof by any city magistrate, be fined for such offense a sum not exceeding ten dollars, and in default of paying any fine which is imposed may be committed to the city prison not exceeding ten days, each day of imprisonment to be taken as a liquidation of one dollar of the fine. (Ord. app. June 29, 1909.)

§ 316f. No license shall be issued to a taxicab unless an inspector shall certify to the chief or deputy chief of the Bureau of Licenses that the taximeter of and such vehicle have been duly inspected and approved. (Ord. app. June 29, 1909.)

316g. Such inspectors shall keep a register of the name of each person owning or using a vehicle upon which a taximeter is affixed, together with a serial number, size and make of such taximeter, the description, make and necessary dimensions of such vehicle, with the date and complete record of such inspection, and such record shall be open to the inspection of the public at all reasonable times.

Each Inspector shall issue a certificate of inspection of taxicabs and shall keep a record of such certificates given on a corresponding stub. The certificates and corresponding stubs shall be numbered consecutively. All registers and books shall be public records and extracts may be certified by the Chief Inspector for use as evidence. (Ord. app. June 29, 1909.)

§ 316h. Five thousand two hundred and eighty (5,280) feet shall be deemed one mile. (Ord. app. June 29, 1909.)

§ 316i. No owner or driver of any taxicab which seeks patrons on the streets, avenues or highways of The City of New York, or occupies space thereon by reason of a permit or license from The City of New York, shall exact any fare from a passenger greater than that set forth in the official schedule of rates hereinafter provided. (Ord. app. June 29, 1909.)

§ 316j. The legal maximum rate provided in this ordinance and any schedule of rates promulgated by the owner of any such vehicle charging less than the legal maximum rate, shall be displayed in a conspicuous place on the inside of such vehicle.

Legal Maximum Rates.

For each taxicab intended to seat two persons inside and driven by motive power, for one-half mile or any part thereof, 30 cents. For each additional quarter mile or any part thereof, 10 cents. For waiting time at the rate of $1 per hour.

For each taxicab intended to seat four persons inside and driven by motive power, for one-half mile or any part thereof, 40 cents. For each additional quarter mile or part thereof, 10 cents. For waiting time at the rate of $1.50 per hour.

For one piece of baggage, 20 cents.

No charge shall be made for handbags, dress-suit cases or child under five years of age by any taxicab. (Ord. app. June 29, 1909.) § 316k. All rates of fare shall depend on the number of persons which each vehicle is intended to seat inside and not on the number of passengers actually carried, and no owner or driver of any taxicab shall use or permit to be used on such vehicle, any taximeter which shall calculate or indicate a rate of fare which shall depend on the number of persons actually carried, under a penalty