shall be more than two miles, under the penalty of five dollars for each offense. (Id., sec. 512.) § 3291. No public porter or handcartman shall suffer or permit any other person than himself to carry any article or articles in his wheel or handbarrow, or handcart, or to wear his badge, under the penalty of five dollars for every such offense. (Id., sec. 513.) § 329j. If any public porter shall ask or demand any greater rate of pay or compensation for the carrying or conveyance of any articles than is herein provided, he shall not be entitled to any pay for the said service, and to so ask, demand, or receive any greater pay or compensation shall be deemed a violation of this article. (Id., sec. 514.) § 329k. It shall not be lawful for any person to represent himself as, or to wear or exhibit any badge, inscription, card, or device, purporting or implying that he is employed or authorized by the keeper, proprietor, agent or officer of any hotel, boarding-house, vessel, steamboat or railroad company, to solicit, receive or convey persons, baggage, or other things to or from any such hotel, boarding-house, vessel, steamboat or railroad company's station or depot, without being actually and duly authorized by such keeper, proprietor, officer or agent so to do, under the penalty of twenty-five dollars for every offense. (Id., sec. 50.) V. Expresses and Expressmen. § 330. Every vehicle of whatever construction kept or used for the conveyance of baggage, packages, parcels and other articles within or through The City of New York for pay, shall be deemed a public express, and the owner thereof shall be deemed a public expressman, and the term expressman shall be deemed to include any common carrier of baggage, packages, parcels or other articles within or through The City of New York. (Ord. app. May 22, 1899, sec. 18.) 66 § 331. Every public express shall show on each outside thereof the word Express," or the letters " Exp.," together with the figures of its official number. (Id., sec. 19.) § 332. Every owner of a public express shall give a bond to The City of New York for each and every vehicle licensed in a penal sum of $100, with sufficient surety, approved by the Mayor or Chief of the Bureau of Licenses, conditioned for the safe and prompt delivery of all baggage, packages, parcels and other articles or things entrusted to the owner or driver of any such licensed express. (Id., sec. 20.) § 333. The legal rates for regular deliveries, unless otherwise mutually agreed, shall be as follows in the city: Between points within any borough Not more than five miles apart, each piece... $0.40 55 75 Between points in different boroughs: One-half the above rates in addition. Special deliveries at rates to be mutually agreed upon. (Id., sec. 21.) VI. Junk Dealers. § 334. Any one dealing in the purchase and sale of junk, old rope, old iron, brass, copper, tin or lead, rags, slush or empty bottles shall be deemed to be a junk dealer and the place of business a junk shop, and every such junk dealer shall give a bond to The City of New York with sufficient surety, approved by the Mayor or Chief of the Bureau of Licenses, in the penal sum of $250, conditioned for the due observance of all municipal ordinances. (Id., sec. 22.) § 335. Every junk dealer shall keep a book in which shall be legibly written, at the time of every purchase, a description of every article so purchased, the name and residence of the person from whom such purchase was made and the day and hour of such purchase, and such book shall at all reasonable times be open to the inspection of the Mayor, Chief of the Bureau of Licenses, any police officer or magistrate of The City of New York, or any person duly authorized, in writing, for such purpose by any of said authorities, and who shall exhibit such written authority to such dealer. (Id., sec. 23.) § 336. No junk dealer shall carry on business at any other place than the one designated in the license therefor, or shall continue to carry on business after such license is suspended or revoked or expired. (Id., sec. 24.) § 337. No junk dealer shall purchase any goods, article or thing whatsoever from any minor, apprentice or servant, knowing or having reason to believe the seller to be such, or from any person or persons whatsoever, between the setting of the sun and the hour of seven o'clock in the morning. (Id., sec. 25.) § 338. If any goods, article or thing whatsoever shall be advertised in any newspaper printed in The City of New York as having been lost or stolen, and if the same, or any answering to the description advertised, or any part or portion thereof, shall be or come in the possession of any junk dealer, such dealer shall give information thereof, in writing, to the Chief of Police and state from whom the same was received, and every junk dealer who shall have or receive any goods, article or thing lost or stolen, or alleged or supposed to have been lost or stolen, shall exhibit the same on demand to the Mayor, Chief of the Bureau of Licenses, any police officer or magistrate of The City of New York, or any person duly authorized, in writing, by any of said authorities, and who shall exhibit such written authority to such dealer. (Id., sec. 26.) § 339. No junk dealer while licensed as such shall be licensed as pawnbroker or dealer in second-hand articles in The City of New York. (Id., sec. 27.) § 340. Any vehicle in the streets or any vessel in the waters of The City of New York, used for the purpose of collecting junk, rags, old rope, paper, bagging, old iron, brass, copper, tin, empty bottles, slush or lead, shall be deemed respectively a junk cart or junk boat, and every junk cart or junk boat shall show on each outside thereof the words "junk cart” or “junk boat," together with the figures of its official number, and no person shall do such collecting in any other way or manner than as aforesaid. (Id., sec. 28.) VII. Dealers in Second-Hand Articles. § 341. Any one dealing in the purchase and sale of secondhand furniture, metal, clothes or other articles shall be deemed to be a dealer in second-hand articles, and every such dealer in second-hand articles shall give a bond to The City of New York with sufficient surety, approved by the Mayor or Chief of the Bureau of Licenses, in the penal sum of $100, conditioned for the due observance of all municipal ordinances. (Id., sec. 29.) Such an ordinance should be strictly construed as it limits persons in gaining a livelihood. Where a person who kept a book shop sold second-hand books as an incident thereto, held in Illinois not to be a "dealer in second-hand goods." Eastman vs. Chicago, 79 Ill. 178. § 342. Every dealer in second-hand articles shall keep a book in which shall be legibly written, at the time of every purchase, a description of every article so purchased, the name and residence of the person from whom such purchase was made and the day and hour of such purchase, and such book shall at all reasonable times be open to the inspection of the Mayor, Chief of the Bureau of Licenses, any police officer or magistrate of The City of New York, or any person duly authorized, in writing, for such purpose by any of said authorities, and who shall exhibit such written authority to such dealer. (Id., sec. 30.) § 343. No dealer in second-hand articles shall carry on business at any other place than the one designated in the license thereof or shall continue to carry on business after such license is suspended or revoked or expired. (1ú., sec. 31.) § 344. No dealer in second-hand articles shall purchase any goods, articles or thing whatsoever from any minor, apprentice or servant, knowing or having reason to believe the seller to be such, or from any person or persons whatsoever, between the setting of the sun and the hour of seven o'clock in the morning. No article or thing, except wooden furniture, stoves and kitchen utensils purchased in the way of business, shall be 1 or disposed of by any dealer in second-hand articles the expiration of one month after such purchase, and no such dealer shall receive any article by way of pledge or pawn. (Id., sec. 32.) § 345. If any goods, article or thing whatsoever shall be advertised in any newspaper printed in The City of New York as having been lost or stolen, and if the same, or any answering to the description advertised, or any part or portion thereof, shall be or come in the possession of any dealer in second-hand articles, such dealer shall give information thereof, in writing, to the Chief of Police and state from whom the same was received, and every dealer in secondhand articles who shall have or receive any goods, article or thing lost or stolen, or alleged or supposed to have been lost or stolen, shall exhibit the same, on demand, to the Mayor, Chief of the Bureau of Licenses, any police officer or magistrate of The City of New York, or any person duly authorized, in writing, by any of said authorities, and who shall exhibit such written authority to such dealer. (Id., sec. 33.) § 346. No dealer in second-hand articles, while licensed as such, shall be licensed as pawnbroker or junk dealer in The City of New York. (Id., sec. 34.) VIII. Peddlers. § 347. Any person hawking, peddling, vending or selling merchandise in the streets of The City of New York shall be deemed to be a peddler, and shall be classified as follows: A peddler using a horse and wagon, a peddler using a push cart, and a peddler carrying merchandise in business; but the selling of newspapers or periodicals in the street is not hereby regulated in any way. (Ord. app. May 22, 1899, sec. 35.) Ordinance requiring a license for peddlers sustained, Village of Ballston Spa vs. Markham, 58 Hun, 238. As to power imposed on Mayor to issue a license, see Bradley vs. Rochester, 54 Hun, 140. All statutes regulating hawking and peddling must be strictly construed. Village of Stamford vs. Fisher, 140 N. Y. 187. Ordinance restricting peddling to certain hours is not unconstitutional. City of Buffalo vs. Schleifer, 2 Misc. 216, 51 St. Rep. 58, 21 N. Y. Supp. 913. An ordinance restricting peddling at public markets sustained. Village of Buffalo vs. Webster, 10 Wend. 100. As to peddling milk, see People ex rel. Larabee vs. Mulholland, 82 N. Y. 324. Where a license is required and none is taken out, the peddler cannot recover the price of his goods. Best vs. Bauder, 29 How. Pr. 489. § 348. Any vehicle used in peddling shall show on each outside thereof the words "Licensed Peddler," together with the figures of its official number, and any peddler duly licensed to use a horse and wagon may employ two persons and no more to assist in selling and delivering the wares, but such persons shall so act only while accompanying a licensed peddler. Any person owning or operating a farm in The City of 'New York and selling in the streets of said city produce raised on such farm shall not be deemed a peddler within the meaning of this ordinance. Any such person may make application to the Bureau of Licenses upon affidavit setting forth sufficient facts to entitle him to this exemption, and thereupon shall receive a certificate thereof. (Id., sec. 36.) IX. Ticket Speculators. § 349. Any person selling or offering to sell in any street of The City of New York any ticket of admission to any public place of amusement for any price shall be deemed a ticket speculator, and no ticket speculator shall sell or offer for sale nor shall any tickets of admission be sold on the sidewalk in front of the entrance to any place of amusement. (Id., sec. 37.) § 350. No ticket speculator shall deceive any purchaser by misstating or misrepresenting what is secured to the purchaser by the ticket sold, under a penalty of not less than two dollars nor more than twenty-five dollars for each offense. X. Coal Scalpers. § 351. Any person who shall sell, peddle or vend any order or permit in relation to the freighting of coal by canal boat within The City of New York, or offer to do so, shall be deemed to be a coal scalper, and shall give a bond to The City of New York, with two or more sufficient sureties, to be approved by the Chief of the Bureau of Licenses, in the penal sum of $2,500, conditioned for faithful compliance with municipal ordinances. (Id., sec. 39.) XI. Common Shows. § 352. A common show shall be deemed to include a carousel, Ferris wheel, gravity steeplechase, chute, scenic cave, bicycle carousel, scenic railway, striking machines, switchback, merry-go-round, puppet show, ball game, and all other shows of like character, but not to include games of baseball, or to authorize gambling or any games of chance. (Id., sec. 40.) The power to regulate common shows is found in section 51 of the charter. While different kinds of shows are enumerated in the ordinance, this does not exclude other shows which contain the same general elements of public exhibition such as are usually conducted on the stage for the benefit and amusement of the public. Mayor, etc., of N. Y. vs. Eden Musee American Co. (Ld.), 102 N. Y. 593; Thurber vs. Sharp, 13 Bar. 627; Society for Reformation of Juvenile Delinquents vs. Newbosch, 16 Week. Dig. 349. And where a license is required and performances are successively given without one, injunction lies. Society for Reformation of Juvenile Delinquents vs. Diers, 10 Abb. Pr., N. S., 216. Where as incidental to selling a book on gambling, an exhibition was given, held not to require a license as the exhibition was not the main object. People vs. Royal, 23 App. Div. 258. Where a license is required, and the Mayor has power to "grant such licenses," he cannot refuse to do so arbitrarily. Matter of O'Rourke, 9 Misc. 564. XII. Shooting Galleries. § 353. Any shooting gallery in a place open to the public and not otherwise licensed shall be deemed to be included |