joint and equal expense of the owners of the land on each side. (Id., sec. 3.) § 31. When the regulation of a lot, in conformity with the street on which it is situated, shall require the ground of such lot to be raised and kept up higher than the ground of the adjoining lot or lots, and a partition wall for supporting the same shall be necessary, such partititon wall shall be made and maintained by the owners, respectively, of the land on each side; and when the same can be equally divided each party shall make and keep in repair one-half part thereof. (Id., sec. 4.) § 32. If any dispute shall arise concerning the division of such partition wall between the parties, or as to what portion or portions of it should be made or repaired by each, respectively, or concerning the sufficiency of any such partition wall, the same shall be determined by the Alderman as aforesaid. (Id., sec. 5.) § 33. Where any partition wall cannot be conveniently divided, the same shall be made and kept in repair at the joint and equal expense of the owners of the land on each side. (Id., sec. 6.) $ 34. The regulation of lots, in conformity with the street, shall be calculated not to exceed a descent of two inches on every ten feet. (Id., sec. 7.) § 35. Where any owner or owners shall insist on maintaining his, or her, or their ground higher than such regulation, the surplus partition wall which may be necessary to support such height shall be made and maintained at the individual expense of such owner or owners. (Id., sec. 8.) § 36. Where any such owner or owners shall insist on regulating his, her, or their ground with a descent less than two inches on every ten feet, the surplus partition wall necessary to support the ground on the adjoining lot, regulated in conformity with this ordinance, that portion of the city formerly known as Long Island City shall in like manner be made and maintained at the individual expense of such owner or owners. (Id., sec. 9.) § 37. If any person, whose duty it may be to make or repair any partition fence or partition wall, or any part thereof, in pursuance of the provisions of this law, shall neglect so to do, for six days after being requested, in writing, by the owner or occupant of the adjoining ground, it shall be lawful for such owner or occupant to make or repair such partition fence or wall, or cause the same to be done, and recover from such person the expense of making or repairing so much thereof as ought to have been made or repaired by him or her, together with cost of suit in any court having cognizance thereof. (Id., sec. 10.) $ 38. All outside and boundary fences and all fences erected on the line of any public road, street, lane, or venue in that section of the city formerly known as Long land City, shall be at least four feet high, and shall be built of good and substantial materials, and sufficient in all respects to keep out and prevent the encroachment of cattle, sheep, hogs and other animals; and shall be kept in good repair and of the height above mentioned. (Id., sec. 11.) § 39. In case of any dispute between the parties concerning any fence embraced within this ordinance, or the sufficiency thereof, the matter shall be determined by the Alderman for the time being, of the district in which such fence may be situated. (Id., sec. 12.) Article V.- Blasting of Rocks. § 40. In all cases of blasting rocks, or stones, within that section of the city formerly known as Long Island City, each blast, before firing it, shall be securely covered with six timbers of not less than four inches thick, ten inches wide, and ten feet long each, to be placed over and around each charge, and to be held in place by at least 300 pounds of large stones piled on top of them. (Id., ch. 21, sec. 1, with verbal changes.) § 41. Three minutes' notice before firing the blasts shall be given by displaying a red flag on a staff, not less than ten feet high, set in a conspicuous place within twenty-five feet of the point where the charge is placed, and also by calling out the words "a blast," several times repeated, and loud enough to be distinctly heard at a distance of 200 feet from the point of discharge. (Id., sec. 2.) § 42. For every violation of either of the preceding sections of this ordinance, the offending party, or if the work be done under a contract, the contractor, upon complaint and conviction thereof before a magistrate, shall be liable to a fine of fifty dollars and stand committed until the same is paid. (Id., sec. 3, with verbal changes.) Article VI.- Venders. § 43. No owner or vender or retailer of charcoal, fish, fruit, vegetables, brooms, wooden ware, or kindling wood shall affix to, or suffer or permit to be affixed to, the cart, wagon or any other vehicle owned by or employed or used by him for the purpose of transporting, conveying or selling thereout, in that section of the city formerly known as Long Island City, charcoal, or fish, or fruit, or vegetables, or brooms, or wooden ware, or kindling wood, any bell, iron, steel, or other metal bar, or any other instrument, nor shall blow upon or use, or suffer or permit to be blown upon, any horn or other instrument for the purpose of giving notice of the approach of any cart, wagon, or other vehicle, in order to sell thereout charcoal, fish, fruit, vegetables. brooms, wooden ware or kindling wood, under the penalty five dollars for each offense, to be sued for and recovered the owner, employer, driver, or persons having charge such cart, wagon, or other vehicle, or of the owner of si coal, fish, fruit, vegetables, brooms, wooden ware, or kindli wood, severally and respectively. (Id., ch. 27, sec. 1, with verbal changes.) § 44. No goods, wares, merchandise or manufactures of any description shall be placed or exposed to show or for sale upon any balustrade that now is or hereafter may be erected in that section of the city formerly known as Long Island City under the penalty of five dollars for each offense. (Id., ch. 17, sec. 22, with verbal changes.) § 45. No person shall hang or place any goods, wares or merchandise or any other thing, at any greater distance than four feet in front of his, her or their house or store or other building under the penalty of five dollars for each offense. (Id., sec. 23.) § 46. No person shall place, hang or suspend at any greater distance than four feet in front of and from the wall of any house or store or other building, any sign, show bill or show board, under the penalty of five dollars for each offense. (Id., sec. 24.) Article VII.- Noises. § 47. No person shall beat any drum or other instrument, or blow any horn or other instrument, for the purpose of attracting the attention of passengers in any street in that section of the city formerly known as Long Island City, to any show of beasts or birds, or other things in said city, under the penalty of ten dollars for each offense. (Id., ch, 26, sec. 33, with verbal changes.) Article VIII.- Sale of Oysters, Etc. § 48. No person shall erect any booth or establish or fix any stand in any of the streets or public grounds in that section of the city formerly known as Long Island City, for the purpose of opening and exposing for sale, or selling, any oysters or other shell fish provisions, of any nature or kind, or any goods of any description whatever, under the penalty of five dollars for each offense. Article IX.- Surface Railroads. § 49. For every street or surface car operated within the limits of that ection of the city formerly known as Long Island City, there shall be paid to the Comptroller, for the use of the city, a license fee of fifteen dollars, and the said Comptroller shall, upon the receipt of said sum, issue a license therefor, which license shall be posted in a conspicuous place in each car operated within the limits as aforesaid. (Res. adopted July 6, 1897, sec. 1.) § 50. The penalty for each and every violation of any of the provisions of this ordinance shall be twenty-five dollars. It shall be the duty of the police to make daily reports of any violation of the ordinance, and the same shall be transmitted to the Corporation Counsel for the prosecution of the offending parties. (Id., sec. 2.) § 51. All street railroads operated within the limits of that section of the city formerly known as Long Island City by electric power, shall have attached at the end of each car, in front of each wheel, a suitable guard to prevent persons from being run over by such car, and all violations of this ordinance shall be subject to a penalty of ten dollars for each offense to be sued for, as other penalties in said ordinance provided. PART V. Ordinances Relating to that Section of the City of New York Article I.- Altering Grade of Streets. Section 1. No person, without having been first previously authorized by a permit from the President of the Borough, shall fill in or raise, or cause to be filled in or raised, any road, avenue, street, highway or other public place in that section of The City of New York formerly known as the Village of Flushing, or any part of any such road, avenue, street, highway or other public place, or take up, remove or carry away, or cause or procure to be taken up, removed or carried away, any sod, turf, stone, sand, clay or earth from any such road, avenue, street, highway or other public place. Any person or persons violating any of the provisions of this section of this ordinance shall, upon conviction thereof, be punished by a fine of not less than five dollars and not exceeding ten dollars. (Ord. Village of Flushing, passed Aug. 8, 1883, sec. 6, with verbal changes throughout all following sections in this chapter.) § 2. No avenue or street the width whereof is less than sixty feet, shall hereafter be accepted by the Board of Aldermen as a public street or highway; nor shall the same be accepted unless the carriageway and said walks shall have respectively been properly graded and regulated, and shall severally be in good order and condition for convenient use, with sufficient gutters for the drainage of the same and of the waters from adjoining lands. (Id., sec. 8.) Article II.- Paving Streets. § 3. Each sidewalk of all the avenues and streets laid out and opened in that section of The City of New York formerly known as the Village of Flushing, shall respectively be one-fourth of the width of the avenue or street between the lines thereof. (Id., sec. 9.) § 4. All sidewalks in that section of The City of New York formerly known as the Village of Flushing shall be paved to the extent of not less than four feet of the width thereof respectively with stone flagging of square or oblong shape, with straight edges laid close together; and when any carriageway leading to and from the adjoining premises shall cross any such sidewalk, so much of said sidewalk shall be paved with flat, square or oblong stone with straight edges laid close together, and of sufficient thickness and strength for the purpose of such carriageway or what is commonly known as bridge or crosswalk stone, not less than four inches in thickness, which may be laid in strips not more than six inches apart, and the intervals between the strips paved with round cobble or paving stone, to afford foothold for the horses or other animals crossing such sidewalk. The residue of any such sidewalk may be paved in like manner as aforesaid, or with such other materials as shall be approved by the President of the Borough. (Id., sec. 10.) § 5. No drain or drains to lead from any building or buildings across any sidewalks in any street, road or highway in that section of The City of New York formerly known as the Village of Flushing shall be constructed or laid down without permission having first been obtained from the President of the Borough so to do, nor shall any plank or board walk be constructed or laid down in any street, road or highway of that section of The City of New York formerly known as the Village of Flushing without the like permission, under a penalty of twenty dollars for each offense, and a further penalty of ten dollars for every day such drain or drains, or plank or board walk shall remain after the President of the Borough shall have notified the offending party or parties to remove the same. (Id., sec. 11.) § 6. Whenever the President of the Borough shall cause any sidewalk to be curbed, guttered, and flagged, all, any or either such flagging shall be in conformity with this ordinance, or of such greater width as those who are to pay the major part of the expense of such flagging may desire; all such curbstone shall not be less than five inches thick and twenty inches deep, seven inches of which width shall be laid above and the residue thereof below the surface of the kennel; the ends shall be squared so as to form close and even joints, and the front so laid as to present a fair surface. (Id., sec. 12.) § 7. No sidewalk in that section of The City of New York formerly known as the Village of Flushing laid wholly or in part with flagging shall be taken up, or the flagging removed therefrom, for the purpose of digging out any lot or cellar, or for any other purpose, except previously authorized by the President of the Borough, under the penalty for each offense of ten dollars, to be forfeited and paid by each and every person offending in the premises, and when so taken up, or when any other sidewalk shall be broken, dug up or in any wise injured by, or by the direction of, any person, the same shall be well and sufficiently repaired and reinstated by such person within such time as shall be specified for that purpose in any written or printed notice from the President of the Borough, served upon such person or upon |