upon said building or premises named in the said notice, from the time of filing of a copy of the said notice, with a notice of the pendency of the action or proceeding as proIvided in this Code, taken thereunder, in the office of the clerk of the county where the property affected by such action, suit or proceeding is located; and the said Supreme Court, or a judge or justice thereof, to whom application shall be made, is hereby authorized and directed to grant any of the orders above named, and to take such proceedings as shall be necessary to make the same effectual, and any said judge or justice to whom application shall be made is hereby authorized and directed to enforce such lien in accordance with the mechanics' lien laws applicable to The City of New York; and in case any of the notices herein mentioned shall be served upon any lessee or party in possession of the building or premises therein described, it shall be the duty of the person upon whom such service i made to give immediate notice to the owner or agent of said building named in the notice, if the same shall be known to the said person personally, if such person shall be within the limits of The City of New York, and his residence known to such person, and if not within said city, then by depositing a copy of said notice in any post-office in The City of New York, properly inclosed and addressed to such owner or agent, at his then place of residence, if known, and by paying the postage thereon; and in case any lessee or party in possession shall neglect or refuse to give such notice as herein provided, he shall be personally liable to the owner owners of said buildings or premises for all damages he or they shall sustain by reason thereof. (Id., sec. 156, rev. from L. 1882, ch. 410, § 513, as amended.)

or

Part 32.- Recovery of Bodies Under Fallen Buildings. § 157. Recovery of Bodies Under Fallen Buildings.— In case of the falling of any building or part thereof in The City of New York, where persons are known or believed to be buried under the ruins thereof, it shall be the duty of the Fire Department to cause an examnation of the premses to be made for the recovery of the bodies of the killed and injured. Whenever, in making such examination, it shall be necessary to remove from the premises any debris, it shall be the duty of the Commissioners of the Department of Docks, of the Department of Parks, of the Department of Highways, and of the Department of Street Cleaning, when called upon by the Department of Buildings to co-operate to provide a suitable and convenient dumping place for the deposit of such debris. In case there shall be, in the opinion of the Department of Buildings, actual and immediate danger of the falling of any building or part thereof so as to endanger life or property, said department shall cause the necessary work to be done to render said building or part thereof temporarily safe until the proper proceedings can

be taken, as in the case of an unsafe building, as provided for in this Code. The Department of Buildings is hereby authorized and empowered in such cases, and also where any building or part thereof has fallen, and life is endangered by the occupation thereof, to order and require the inmates and occupants of such building or part thereof to vacate the same forthwith, and said department may, when necessary for the public safety, temporarily close the sidewalks and streets adjacent to such building or part thereof, and prohibit the same from being used, and the Police Department, when called upon by the said Department of Build. ings to co-operate, shall enforce such orders or requirements. For the aforesaid purposes the said Fire Department, or the Department of Buildings, as the case may be, shall employ such laborers and materials as may be necessary to perform said work as speedily as possible. (Id., sec. 157, rev. from L. 1882, ch. 410, § 502, as amend.)

§ 157A. In case there shall be, in the opinion of the Borough President or Superintendent of Buildings in any borough having jurisdiction, danger to life or property by reason of any defective or illegal work, or work in violation of or not in compliance with any of the provisions or requirements of this Code, the said Borough President or Superintendent of Buildings or such person as may be designated by him shall have the right and he is hereby authorized and empowered to order all further work to be stopped in and about said building, and to require all persons in and about said building forthwith to vacate the same, and to cause such work to be done in and about the building as in his judgment may be necessary to remove any danger therefrom. And said Borough President or Superintendent of Buildings may, when necessary for the public safety, temporarily close the sidewalks and the streets adjacent to said building, or part thereof, and the Police Department, when called upon by the said Borough President or Superintendent of Buildings to co-operate, shall enforce such orders or requirements. (Ord. app. June 1, 1904.)

Part 33.- Fund for Use and Benefit of the Department of

Buildings.

§ 158. Fund for Use and Benefit of the Department of Buildings. The Corporation Counsel shall sue for and collect all penalties and take charge of and conduct all legal proceedings imposed or provided for by this Code; and all suits or proceedings instituted for the enforcement of any of the several provisions of the preceding sections of this Code or for the recovery of any penalty thereunder shall be brought in the name of The City of New York by the Corporation Counsel, to whom all notices of violation shall be returned for prosecution, and it shall be his duty to take charge of the prosecution of all such suits or proceedings, collect and receive all moneys that may be collected upon

judgments, suits or proceedings so instituted, or which may be paid by any parties who have violated any of the provisions of this Code, and upon settlement of judgment and removal of violations thereunder, execute satisfaction therefor. He shall, on the first day of each and every month, render to each Commissioner of Buildings an account of and pay over to the commissioner having jurisdiction the amount of such penalties and costs received by him, together with his bill for all necessary disbursements incurred or paid in said suits, keeping a separate account for each Commissioner, and each Commissioner shall pay over monthly the amount of such penalties and costs so collected to the Comptroller of The City of New York as a fund for the use and benefit of the Department of Buildings for the purpose of paying any expenses incurred by said department, under section 157 of this Code, and also for the purpose of carrying into effect any order or precept issued by any court, or judge or justice thereof, in this Code named, to any Commissioner of Buildings, and upon the requisition of the Commissioner of Buildings having jurisdiction, said Comptroller shall pay such sum or sums as may be allowed and adjusted by any court of record, or a judge or justice thereof, for such purposes, as far as the same may be in his hands. A separate account shall be kept by the Comptroller of the moneys paid to him by each Commissioner, and no such moneys shall be paid for such purposes to any of said Commissioners except from the account of the funds received from him. (Id., sec. 158, rev. from L. 1882, ch. 410, § 515, as amend.) Part 34.- Seal. Officers of Department May Enter Buildings. § 159. Seal.-- The Board of Buildings may adopt a seal and direct its use in the Department of Buildings. (Id., sec. 159, L. 1892, ch. 275, § 4.)

§ 160. Officers of Department May Enter Buildings.- All the officials of the Department of Buildings, so far as it may be necessary for the performance of their respective duties, have the right to enter any building or premises in said city, upon showing their badge of office. (Id., sec. 160, rev. from L. 1882, ch. 410, § 516.)

Part 35.- Existing Suits and Liabilities. Invalidity of One Section Not to Invalidate Any Other.

§ 161. Existing Suits and Liabilities-Nothing in this Code contained shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this Code. (Id., sec. 161, L. 1892, ch. 275, § 45.)

§ 162. Invalidity of One Section Not to Invalidate Any Other. The invalidity of any section or provision of this

Code shall not invalidate any other section or provision thereof. (Id., sec. 162.)

Part 36.- Ordinances Repealed. Date When Ordinance Takes Effect.

§ 163. Repealing Section.- All ordinances of the former municipal and public corporations consolidated into The City of New York affecting or relating to the construction, alteration or removal of buildings or other structures, and all other ordinances or parts thereof inconsistent herewith are hereby repealed. (Id., sec. 163.)

§ 164. Date When Ordinance is to Take Effect. This ordinance shall take effect sixty days after its approval by the Mayor. (Id., sec. 164.)

CHAPTER 16.- PARK ORDINANCES, RULES AND REGULATIONS.

The power of the Board of Aldermen to pass Park Ordinances is prescribed in the Greater New York Charter (L. 1897, ch. 378, sec. 47), and the Revised Charter (L. 1901, ch. 466, sec. 43). By Laws 1904, chapter 678, section 1, amending section 610, Laws 1901, chapter 466, the Park Rules in force May 1, 1904, were made a chapter in the City Ordinances and amendments when adopted by the Park Board became effective when copies were filed with the City Clerk.

The following is taken from the Park Ordinances passed March 14, 1904:

The Park Board of the Department of Parks of The City of New York ordains as follows:

All persons are forbidden

1. To cut, break or in any way injure or deface the trees, shrubs, plants, trees, posts, railings, chains, lamps, lampposts, benches, tree-guards, buildings, structures or other property in or upon any of the public parks, parkways, squares or places of or within The City of New York, under the jurisdiction of the Department of Parks, or to dig into or upon the soil within the boundaries of any such parks, parkways, squares or places or of any roads or roadways upon or across the same.

2. To go on foot or otherwise upon the grass, except when and where permitted, or to throw or leave any paper, refuse or rubbish on any of the lawns or walks of the said parks, parkways, squares or places.

3. To expose any article for sale or exhibition, unless previously licensed by the Department of Parks therefor, on any part of such public parks, parkways, squares or places.

4. To post any bill, placard, notice or other paper upon any structure within such public parks, parkways, squares or places, or upon any street or avenue adjacent thereto under the jurisdiction of the Department of Parks, unless previously licensed so to do by the Commissioner having

jurisdiction, and in accordance with the provisions of section 16 hereof.

5. To play upon any musical instrument within such public parks, parkways, squares or places, or take into, carry or display any flag, banner, target or transparency without the permission of the Commissioner having jurisdiction.

6. To erect any structure, stand or platform, or hold any meetings in such parks, parkways, squares or places, without previous permission therefor from the Commissioner having jurisdiction.

7. To use threatening, abusive or insulting language upon any of such public parks, parkways, squares or places, or doing any obscene or indecent act thereon, or any act tending to a breach of the public peace.

8. No hackney coach, carriage, wagon, cart or other vehicle for hire shall stand upon any such public park, parkway, square or place, or upon any street or avenue adjacent thereto under the jurisdiction of the Department of Parks without previous license, and then only at such place as shall be indicated and allowed by the Commissioner having jurisdiction.

9. No horse or other animal shall be allowed to go at large upon such public parks, parkways, squares or places, except that dogs may be allowed therein when led by a chain or proper dog-string not exceeding six feet in length.

10. No person shall bathe or fish in any of the waters or fountains, nor cast any substance therein, nor disturb or interfere in any way with the fish, birds or animals within such public parks, parkways, squares or places, except in the waters adjacent to Pelham Bay Park, where bathing and fishing shall be permitted, subject to the rules and regulations prescribed by the Commissioner of Parks for the Borough of The Bronx. Fishing may be allowed in the lakes of Prospect Park under permits granted by the Commissioner having jurisdiction.

11. All drunken, disorderly or improper persons, and all persons doing any act injurious to such parks, parkways, squares or places, shall be removed therefrom by the parkkeeper or police in charge thereof. When necessary to the protection of life or property, the officers and keepers of the park may remove all persons from any designated part thereof.

12. No animal or vehicles shall be permitted to stand, nor any incumbrance of any kind be allowed to remain upon any street adjacent to or bounding upon any public square or place in The City of New York, under the jurisdiction of the Department of Parks, without permission of the Commissioner for the boroughs within located, except that vehicles may be permitted to take up and set down passengers, and to load and unload merchandise in the usual manner, and may occupy the street a reasonable time for the purpose; provided, however, that they shall not, while so