§ 388. No person shall sell or offer for sale any commodity or article of merchandise in any market or in the public streets or in any other place in The City of New York, at or for a greater weight or measure than the true measure or weight thereof; and all ice, coal, coke, meats, poultry, butter and butter in prints, provisions, and all other commodities and articles of merchandise (except vegetables sold by the head or bunch) sold in the streets or elsewhere in The City of New York, shall be weighed or measured by scales, measures or balances, or in measures duly tested, sealed and marked by the Commissioner of Weights and Measures or an Inspector of Weights and Measures of the said City; provided, that poultry may be offered for sale and sold in other manner than by weight, but in all cases where the person intending to purchase shall so desire and request poultry shall be weighed as hereinbefore provided. person shall violate any of the provisions of this section under a penalty of one hundred dollars for each offense. (Amend. app. July 11, 1910.)

This section held valid. City of New York vs. Marco, 58 Misc. Rep. 225.

No

§ 388a. A person who injures another or defrauds another by using a false weight, measure, or other apparatus, used in weighing or measuring of any commodity or article of merchandise, or who delivers less than the quantity he represents, shall forfeit and pay not less than one hundred dollars for each such offense. (Ord. app. July 11, 1910.)

$388b. No person shall sell or offer for sale ice in any manner other than by weight, and the same shall be weighed immediately before delivery, under a penalty of fifty dollars for each offense. (Ord. app. July 11, 1910.)

§ 389. Any weight which upon being tested is found to be short a quarter of an ounce or more; or any scale of two hundred and forty pounds capacity, or less, which upon being tested is found to be short in weight by a quarter of a pound or more; or any scale of a capacity of between two hundred and forty pounds and four hundred pounds, which upon being tested is found to be short two pounds or more; or any scale of a capacity greater than four hundred pounds, upon being tested, is found to be short five pounds or more; or any scale which is in an unfit condition to be used by being worn out, badly rusted, or by any other cause; or any measure or utensil being used in the sale or purchase of any commodity or article of merchandise, which does not conform to the standards provided by statute, may be summarily confiscated and destroyed by the Commissioner of Weights and Measures, or an Inspector of Weights and Measures of the said City. (Amend. app. July 11, 1910.)

By the provisions of the Penal Code, sections 582-584, power was given peace officers to seize any false weights and measures and deliver the same to a magistrate who should test the same by comparison with standards comformable to law, and if found to be false, the magistrate could destroy them or turn them over to the District Attorney to be used as justice should require.

§ 390. No person shall sell or supply any coal or coke within the limits of The City of New York, unless there shall be delivered to the person in charge of the wagon or conveyance used in such delivery a certificate duly signed by the person selling such fuel, showing the weight of the fuel proposed to be delivered, the weight

of the wagon or conveyance used in such delivery, the total weights of fuel and conveyance and the name of the purchaser. (Id., sec. 11.) This and the next section are taken from the State law on the subject. See L. 1900, ch. 327, art. 10, secs. 150, 151.

That such an act is valid is unquestionable. Where it was required to have coal weighed by city weighers, the requirement was held not to be void as in restraint of trade or unreasonable. Stokes vs. Corporation, 14 Wend. 87.

§ 391. No person in charge of a wagon or conveyance used in delivering coal, coke or other fuel, to whom the certificate mentioned in the previous section has been given, shall neglect or refuse to supply such certificate to the Inspector or Deputy Inspector of Weights and Measures, or to any person designated by either of them, or to the purchaser or intending purchaser of the fuel being delivered; and when the said officer or person so designated, or the intending purchaser, shall demand that the weight shown by such certificate be verified, it shall be the duty of the person delivering such fuel to convey the same forthwith to some public scale in the district, or to any private scale the owner whereof shall consent to such use and permit the verifying of the weight shown, and shall after the delivery of such fuel return forthwith with the wagon or conveyance used to the same scale and verify the weight of said wagon or conveyance. (Id., sec. 12.)

§ 392. It shall be the duty of the Deputy Inspectors of Weights and Measures, and each of them is hereby authorized, to inspect, examine, test and seal, at least once in each year, and as much oftener as the Inspector of Weights and Measures may deem proper, the weights, measures, scale beams, patent balances, steelyards and other instruments used in The City of New York in weighing and measuring as aforesaid. (Id., sec. 13.)

§ 393. No person shall refuse to exhibit any weights, measures, scale beams, patent balances, steelyards or other instruments to any of said Inspectors for the purpose of being so inspected and examined, under the penalty of twenty-five dollars for every such offense. (Id., sec. 14.)

§ 394. No person shall in any way or manner obstruct, hinder or molest the Commissioner of Weights and Measures or any Inspector of Weights and Measures in the performance of his duties as herein imposed upon him, under a penalty upon every such person of one hundred dollars for every such offense. (Amend. app. July 11, 1910.)

§ 395. All weights, measures, scale beams, patent balances, steelyards, and other instruments used for weighing or measuring, may be inspected and sealed at the stores and places where the same may be used; and in case they or any of them shall be found not to conform to the standard of this State, an Inspector of Weights and Measures shall condemn the same and shall seal thereto a notice that such scale or measure does not conform to the standard of this State, and the owner thereof shall within five days at his own expense cause the same to be so altered and repaired as to conform it to the said standard of the State, and shall thereupon serve notice upon the Bureau of Weights and Measures in writing that such scale or measure has been so altered and repaired, but shall not break or remove the said seal or notice. No person other than a Deputy Inspector of Weights and Measures shall remove or cause to be removed the said notice. No person shall violate any of the provisions of this

section under a penalty of twenty-five dollars for each such offense. (Amend. app. July 11, 1910.)

§ 395a. No person shall manufacture, construct, sell, offer for sale, or give away, any dry measure or liquid measure, nor any barrel, pail, basket, vessel, container, intended to be used in the purchase or sale of any commodity or article of merchandise which shall not be so constructed as to conform with the standards provided by statute. Nor shall any person use any barrel, cask, pail, basket, vessel or container in the purchase or sale of any commodity or article of merchandise which does not conform to the standards provided by law, under a penalty of one hundred dollars for each offense. (Ord. app. July 11, 1910.)

§ 396. It shall be the duty of each of the said Inspectors to make a record and certificate as hereinafter provided of all the weights, measures, scale beams, patent balances, steelyards and other instruments used for weighing and measuring inspected by him, in which he shall state the names of the owners of the same, and whether they are conforming to the standard of the State. (Id., sec. 17.)

§ 397. It shall be the duty of the Deputy Inspector of Weights and Measures to report promptly to the Inspector of Weights and Measures the names of all persons whose weights, measures and other instruments for weighing and measuring shall be found to be incorrect. (Id., sec. 18.)

§ 398. It shall also be the duty of said Deputy Inspectors to file monthly reports with the Inspector of Weights and Measures, and to make such other and further reports and keep such further records as may be required from time to time by said Inspector. (Id., sec. 19.)

§ 399. It shall be the duty of the Inspector of Weights and Measures to report forthwith to the Corporation Counsel the names and places of business of all persons violating any of the provisions of this chapter, and of all persons making use of any fraudulent or unsealed weights, measures, scales or other instruments for weighing or measuring. (Id., sec. 20.)

§ 400. It shall not be lawful for the said Inspector or Deputy Inspector to vend any weights, measures, scale beams, patent balances, steelyards or other instruments to be used for weighing or measuring, or to offer or expose the same for sale in The City of New York, under the penalty of fifty dollars for every such offense. (Id., sec. 21.)

§ 401. Each Deputy Inspector shall give a certificate to the owner of the weights or measures inspected, and shall keep a record of such certificate given on a corresponding stub. The certificates and corresponding stubs shall be numbered consecutively. The books containing the stubs, after the corresponding certificates have been given out, shall become a public record. The Inspector shall be authorized, when required, to certify extracts from these records. (Id., sec. 22.)

of

§ 402. All complaints against Deputy Inspectors Weights and Measures shall be lodged with the Inspector of Weights and Measures, and by him reported, with his recommendation thereon, to the Mayor for his final action. (Id., sec. 23.)

§ 403. The Deputy Inspector shall be assigned for service by the Inspector to such district as he may deem proper. Whenever any Deputy Inspector shall resign or be removed from office, it shall be his duty to deliver at the office of the Inspector of Weights and Measures all the standard weights and measures and other official property in his possession. (Id., sec. 24.)

CHAPTER 9.- CLEANING STREETS AND SIDEWALKS.

§ 404. No person or persons shall throw, cast or lay, or direct, suffer or permit any servant, agent or employee to throw, cast or lay any ashes, offal, vegetables, garbage, dross, cinders, shells, straw, shavings, paper, dirt, filth or rubbish of any kind whatsoever in any street in The City of New York, either upon the roadway or sidewalk thereof, except that in the morning before eight o'clock or before the first sweeping of the roadway by the Department of Street Cleaning, in the Boroughs of Manhattan, Brooklyn and The Bronx, dust from the sidewalk may be swept into the gutter, if there piled, but not otherwise, and at no other time.

The wilful violation of any of the foregoing provisions of this section shall be and is hereby declared to be a misdemeanor, and shall be punished by a fine of not less than one dollar nor more than ten dollars, or by imprisonment for a term of not less than one nor more than five days. (Ord. app. Aug. 6, 1902, sec. 1.)

§ 405. No persons other than an authorized employee or agent of the Department of Street Cleaning, or the Bureau of Street Cleaning in the Boroughs of Queens or Richmond, shall disturb or remove any ashes, garbage or light refuse or rubbish placed by householders, or their tenants, or by occupants or their servants, within the stoop or area line, or in front of houses or lots, for removal, unless requested by residents of house. (Id., sec. 2.)

§ 406. All persons and corporations engaged in sprinkling the streets, lanes or highways of The City of New York shall be required to contract with the Commissioner of Water Supply, Gas and Electricity for the purchase and sale of the water necessary therefor, and obtain the approval of the President of the Borough to such contract, but in no case shall there be contracted for or used more water than shall be sufficient to thoroughly lay the dust on such streets, lanes and highways.

Every street railroad corporation in the Boroughs of Richmond and Queens shall sprinkle the pavement between its tracks and rails when and as often as directed so to do

by the Superintendent of Highways. Water shall be furnished for this purpose free of charge by The City of New York. (Id., sec. 3.)

§ 407. No one being the owner, driver, manager, or conductor of any cart or other vehicle, or of any receptacle, shall scatter, drop or spill, or permit to be scattered, dropped or spilled, any dirt, sand, gravel, clay, loam, stone or building rubbish, or hay, straw, oats, sawdust, shavings or other light materials of any sort, or manufacturing, trade or household waste, refuse, rubbish of any sort, or ashes or manure, garbage or other organic refuse or other offensive matter therefrom, or permit the same to be blown off therefrom by the wind, in or upon any street, avenue or public place. (Id., sec. 4.)

§ 408. No person shall throw, cast or distribute in or upon any of the streets, avenues or public places, or in front yards or stoops, any hand bills, circulars, cards or other advertising matter whatsoever. (Id., sec. 5.)

§ 409. Every owner, lessee, tenant, occupant, or other person having charge of any building or lot of ground in the city, abutting upon any street, avenue or public place where the sidewalk is paved, shall, within four hours after the snow ceases to fall, or after the deposit of any dirt or other material upon said sidewalk, remove the snow and ice, dirt or other material from the sidewalk and gutter, the time between nine P. M. and seven A. M. not being included in the above period of four hours; provided, however, that such removal shall in all such cases be made before the removal of snow and ice from the roadway by the Commissioner of Street Cleaning, or by the Borough President of Queens or Richmond, or subject to the regulations of said Commissioner of Street Cleaning or of said Borough President of Queens or Richmond, for the removal of snow and ice, dirt and other material, except that in the Boroughs of Queens and Richmond any owner, lessee, tenant or occupant or other person who has charge of any ground abutting upon any paved street, avenue or public place for a linear distance of 500 feet or more, shall be considered to have complied with this ordinance if such person shall have begun to remove the snow and ice from the sidewalk and gutter before the expiration of the said four hours, and shall continue such removal and shall complete it within a reasonable time. (Id., sec. 6, revised by ord. app. March 23, 1903.)

This is the so-called snow and ice" ordinance. Section 690, R. O. 1897, required the removal to be within eight hours. Section 317 of ch. 8, R. O. 1880, only allowed four hours. The ordinance has been frequently amended, May 16, 1882; July 9, 1888, and March 18, 1902. The city is authorized to pass such a law as a police regulation, section 43, Greater New York Charter, and when within the power delegated to by the legislature such an ordinance has equal force and effect as a statute of the legislature. Village of Carthage vs. Frederick 122 N. Y. 268. Although a sidewalk be not flagged in its entire with, an owner must clean off the flagged portions. City of N. Y. vs. Brown, 27 Misc. 218. City not liable for failure to lear sidewalk immediately of ice, may wait reasonable time for abutting owner o so and weather to moderate. Cuff vs. City of Elmira, 126 App. Div. 539. liability discussed. Winckler vs. City of N. Y., 129 App. Div. 45.