specify the location desired for such stand, and no such stand or booth or any projection therefrom shall, be erected which is wider than the width of the stairs under which it is placed or which extends along the sidewalk a greater distance than to a point where the under surface of the stairs is not over seven feet from the level of the sidewalk; and said stand shall be constructed, erected and maintained at the expense of the applicant and under the direction of the President of the Borough in which such stand is located, upon plans to be approved by the chief engineer of the elevated railroad company affected, so as to permit of a ready removal of so much thereof as may be necessary to enable the said company, its agents or employees, to get convenient access to any part of the said stairways for the inspection, painting or repairing thereof, and shall be painted the same color as the stairs of the elevated railroad, and no advertisement shall be painted or displayed thereon. (Id., sec. 5.)

Although there is an ordinance permitting such permits the present charter contains no direct authority for issuing the same. It has been held that stands under the stairs of the elevated railroad maintained with the city's consent are not illegal under subdivision 3, section 86 of the Consolidation Act as amend. L. 1896, ch. 718 (People ex rel. Simmons vs. New York, 20 Misc. 189), and also held that the power granted to the city authorities to allow such stands in 1896 was not repealed by the Greater New York Charter. People ex rel. Pumpyansky vs. Keating, 168 N. Y. 390.

§ 366. Every license granted pursuant to the foregoing section shall contain the following reservation: "It is expressly agreed and understood that this permit is given subject to the right of the elevated railway company affected, its agents, employees, successors or assigns, or the owner of said stairway, at any time properly to inspect, paint, repair, renew, reconstruct or remove said stairway or any portion thereof, and without claim on the part of said licensee as against said company, its agents, employees, successors or assigns, or the owner of said stairway, for damages to or interference with said booth or stand, or the business therein conducted, occasioned by such inspection, painting, repair, renewal, reconstruction or removal. (Id., sec. 6, with verbal change.)

§ 367. The licensee shall pay for such a stand or booth underneath the stairs of the elevated railroad stations, the annual license fee of ten dollars. (Id., § 7.)

§ 368. The official license for any stand or booth must be displayed thereon, so as to be easily visible at all times. (Id., sec. 8.)

§ 369. In the event of a refusal by any Alderman of the consent required by the foregoing sections 363, 364 and 365, the applicant for license or transfer may present his application to the Board of Local Improvements of the district in which the proposed stand is to be located, and by a vote of a majority of the members elected, the consent of the said board may be substituted for that of the Alderman. case an Alderman fails to give his consent as aforesaid within

In

ten days after he has received the application for license or transfer, such failure shall be deemed to be a refusal within the meaning of this section. (Id., § 9.)

§ 370. The Chief of the Bureau of Licenses shall have the power to hear and determine complaints against any of the licensees hereunder, and impose a fine of two dollars for any violation of the regulations herein provided, and, subject to the approval of the Mayor, shall have power to suspend the license pending payment of such fine. All such fines when collected shall be paid into the Sinking Fund for the Redemption of the City Debt. (Id., sec. 10.)

371. The Chief of the Bureau of Licenses of The City of New York shall furnish to the Police Board of said city a list of unexpired licenses and permits, such list to contain the names of the persons to whom licenses were issued, the place and business for which issued, and the date of expiration of such license or permit, and thereafter, during the first week of each month, the said Police Board shall send to the captains of police of the various precincts of The City of New York a list of licenses and permits granted affecting their respective precincts, with the names of persons to whom granted, location of stand or business, and date of expiration of such permit or license, and also a list of all licenses or permits expiring the month for which the report is sent. (Ord. app. Dec. 24, 1901.)

§ 372. Upon a written revocation by the owners in front of or adjoining whose property any such booth (or) stand shall have been erected, of any consent which shall have been given therefor, signed by such owner or owners and filed in the office of the Mayor, it shall be the duty of the Mayor to revoke the license or permit for such booth or stand and the same shall thereupon cease, determine and become null and void. (R. O. 1897, sec. 676, with verbal changes.)

§ 372a. Any license issued in pursuance of the provisions of this article shall be not transferable, with or without consideration, and any license transferred to another person shall immediately thereupon cease and determine, and the privileges thereunder come to an end. Any person who shall be guilty of a violation of the provisions of this section shall not thereafter be granted a license or permit or other privilege to keep a stand or stands within the stoop lines or under the elevated railroad stations for the sale of newspapers, or periodicals, or both, of fruits or soda-water, or both, or of all the foregoing items, or for the blacking of boots. Further, any person found guilty of violating any provisions of this section by a Court of competent jurisdiction shall be subject to a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). It shall be the duty of the City Clerk and the Chief of the Bureau of Licenses to have the language of this section printed in bold type on all applications for and licenses granted to persons under the provision of this article. (Amend. app. July 9, 1908.)

TITLE 3.-GENERAL REGULATIONS AND COmplaints.

§ 373. All license fees received by the Bureau of Licenses shall be regularly paid over to the City Treasury, except the license fees received from hackmen, dealers in junk and second-hand articles, and for stands within stoop-lines, which shall be paid into the Sinking Funds for the Redemption of the City Debt. (Ord. app. May 22, 1899, sec. 56.)

8 374. The Mayor shall have power to appoint inspectors in the Bureau of Licenses to see that the provisions of this ordinance are fully and properly complied with; and all licensed vehicles and places of business shall be regularly inspected, and the result of such inspection shall be indorsed on the official license therefor, together with the date of inspection and the signature of the inspector, and all inspections shall be regularly reported to the Bureau of Licenses. (Id., sec. 57.)

375. Every licensee shall have the official license and exhibit the same upon the demand of any person; and shall report within three days to the Bureau of Licenses any change of residence or place of business; and shall at all times perform the public duties of the business licensed when called upon so to do, if not actually unable. (Id., sec. 58.)

§ 376. All words, letters and numbers hereinbefore prescribed for licensed vehicles shall be shown permanently and conspicuously on each outside thereof in colors contrasting strongly with background, and not less than two inches high, as directed and approved by the Mayor or Chief of the Bureau of Licenses, and shall be kept legible and plainly visible at all times during the term of the license; and shall be obliterated or erased upon change of ownership or expiration of the license; and no person shall have or use any vehicle with words, letters or numbers thereon like those herein prescribed for licensed vehicles without being duly licensed therefor. (Id., sec. 59.)

§ 377. Every licensed hackman, whenever with a hack or waiting for employment anywhere in The City of New York; every licensed peddler while peddling; every person while using a licensed junk cart or boat, and every licensed ticket speculator while acting as such, shall wear conspicuously on the left breast of the outer coat a metal badge, of a shape, size and style approved by the Mayor or Chief of the Bureau of Licenses, and furnished by said Bureau, having engraved or embossed thereon the official designation and number of the license, together with the words "New York City." (Id., sec. 60.)

§ 378. The Chief of the Bureau of Licenses, or Deputy Chief, shall have power to hear and determine complaints against licencees hereunder and impose a fine of not more than five dollars or less than one dollar for any violation of the regulations herein provided, subject to the approval of the Mayor, who shall have power to suspend the license pending payment of such fine. All such fines, when collected, shall be paid into the Sinking Fund for the Redemption of the City Debt. (Id., sec. 61.)

TITLE 4.-VIOLATIONS.

§ 379. Except as hereinbefore otherwise provided, no person shall violate any of the regulations of this ordinance under a penalty

of ten dollars for each offense. No such violation shall be continued under a penalty of one dollar for each day so continued. Any person engaging in or carrying on any business herein regulated without a license therefor, or any person violating any of the regulations of this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof by any magistrate, either upon confession of the party or competent testimony, may be fined not more than ten dollars for each offense, and in default of payment of such fine may be committed to prison by such magistrate until the same be paid; but such imprisonment shall not exceed ten days. (Id., sec. 62, as amended June 29, 1909.)

It should be noted that this provision provides the penalty for all sections in chapter 7, beginning with section 300, to section 378, inclusive. Two separate remedies are authorized, one a suit in a civil action to recover a penalty, the other a criminal proceeding before a City Magistrate for a misdemeanor, where a fine may be imposed.

CHAPTER 8.-WEIGHTS AND MEASURES.

§ 380. There shall be a Mayor's Bureau of Weights and Measures in The City of New York, in charge of a Commissioner of Weights and Measures, to be appointed by the Mayor and removable by him at his pleasure, who shall be paid an annual salary of $5,000. The Deputy Inspectors of Weights and Measures shall hereafter be known as Inspectors of Weights and Measures, and shall be removable by the Mayor at his pleasure. (Amend. app. July 11, 1910.)

The old ordinance covering this general article was approved May 31, 1898. Section 49 of the Greater New York Charter gives the Board of Aldermen power to enact ordinances: "1. In relation to the inspection and sealing of weights and measures by vendors." Such power held valid. People ex rel. Gould vs. City of Rochester, 45 Hun, 102. But no fees could be demanded for weighing unless specially authorized by legislature. Ford vs. N. Y. Central R. R. Co., 33 App. Div. 474. See People vs. Edelstein, 91 App. Div. 447.

§ 381. The present Deputy Inspectors of Weights and Measures shall continue to hold office as Inspectors of Weights and Measures. Any vacancy which shall hereafter occur shall be filled by appointment by the Mayor, and the Mayor may from time to time appoint such additional Inspectors as he shall deem necessary. (Amend.app. July 11, 1910.)

8382. Said Commissioner and each of the said Inspectors of Weights and Measures shall, before entering upon the duties of his office, execute to The City of New York a bond, with one or more sureties to be approved by the Mayor, in the penal sum of $2,000, conditioned for the faithful performance of the duties of his office. (Amend. app. July 11, 1910.)

§383. All persons using weights and measures, scale beams, patent balances, steelyards, or any other instrument used in weighing or measuring any article intending to be purchased or sold, shall cause the same to be tested, sealed and marked by the Commissioner of Weights and Measures or an Inspector of Weights and Measures, unless the same has been already so tested, sealed and marked by the Commissioner of Weights and Measures or an Inspector of Weights and Measures. (Amend. app. July 11, 1910.)

§ 384. No person shall use any weight, measure, scale beam, patent balance, steelyard, or any other instrument in weighing or measuring any commodity or article of merchandise intended for purchase or sale, unless the same shall have been tested, sealed and narked by the Commissioner of Weights and Measures or an In

spector of Weights and Measures of the said City, under a penalty of fifty dollars for each offense. (Amend. app. July 11, 1910.)

§ 384a. No person shall sell, offer for sale, or give away within The City of New York, any weight, measure, scale beam, patent balance, steelyard or other instrument to be used in weighing or measuring, unless the same shall have been tested, sealed and marked by the Commissioner of Weights and Measures or an Inspector of Weights and Measures of The City of New York, under a penalty of one hundred dollars for each such offense. (Órd. app. July 11, 1910.)

§ 384b. No person shall alter or change in any manner, any weight, measure, scale beam, patent balance, steelyard, or other instrument to be used in weighing or measuring any commodity or article of merchandise, after the same has been tested, sealed and marked by the Commissioner of Weights and Measures or an Inspector of Weights and Measures of said City, so that the same shall weigh or measure inaccurately, under a penalty of one hundred dollars for each such offense. (Ord. app. July 11, 1910.)

§ 385. All weights, measures, scale beams, patent balances, steelyards and other instruments for weighing, to be sealed and adjusted by a Deputy Inspector of Weights and Measures in The City of New York, shall be made to conform to the standard of the State, and shall be marked by him with the initials of his name and the date on which the same shall be sealed and marked.

66

Upon the written request of any resident of The City of New York, the Inspector of Weights and Measures shall test or cause to be tested, within a reasonable time after the receipt of such request, the weights, measures, scale beams, patent balances, steelyards or other instruments used in buying or selling by the person, firm or corporation designated in such request." (Id., sec. 6.)

§ 386. If any person shall use, in The City of New York, in weighing or measuring, as aforesaid, any weight, measure, scale beam, patent balance, steel yard or other instrument, which shall not conform to such standard, or shall use in weighing aforesaid, any scale beam, patent balance, steelyard or other instrument which shall be out of order or incorrect, or which shall not balance, he, she or they shall forfeit and pay for every such offense the sum of twentyfive dollars. (Id., sec. 7.)

In a suit to recover the penalty where only one section was in evidence, held the previous sections of the ordinance must be introduced in evidence to show what was the meaning of the words "aforesaid " and "such standard." City of N. Y. vs. Spatz, 85 N. Y. Supp. 353. This ordinance is aimed at the use of a defective weight and not at an intentional alteration. Proof of guilty intent is not required. City of N. Y. vs. Hewitt, 91 App. Div. 445.

§ 387. The Inspector shall keep a register of the name of each person, firm or corporation whose weights, measures, scale beams, patent balances, steelyards or other instruments have been inspected, together with the number and size of same, and what of each was approved and what condemned, with the date of inspection, and such record shall be open to the inspection of the public at all reasonable times. (Id., sec. 8.)