location, under the direction of the President of the Borough, a scale for weighing hay, in the mode previously in use in the former city of New York. (Id., sec. 611, with verbal changes.)

§ 12. The fee charged on granting license shall be twentyfive dollars a year. (Id., sec. 612.)

§ 13. In case of weighing bale-hay, the licensed weighers shall designate in the certificate given by them the amount of tare on each bale, and shall legibly mark the amount of said tare on each bale, as well as the gross weight, under a penalty of ten dollars for each omission to mark the said tare. (ld., sec. 613.)

§ 14. No weigher of hay shall charge any person applying for his services as such weigher, and for a certificate of the weight of any hay, more than six cents on each bale for weighing and marking the same, and for a certificate thereof. (Id., sec. 614.)

II. The Sale and Manufacture of Bread.

§ 15. All bread baked and offered or exposed for sale in the Borough of Manhattan shall be made of good and wholesome flour and meal, and sold by avoirdupois weight. (Id., sec. 615, with verbal changes.)

§ 16. If any baker or other person shall make for sale, offer or procure to be sold, any bread of any other than wholesome flour or meal, or shall sell the same contrary to the preceding section of this article, such person shall forfeit and pay the sum of ten dollars for every such offense. (Id., sec. 616.)

§ 17. All loaf bread offered for sale in this borough not in conformity with the provisions of this article shall be forfeited, and shall and may be seized and disposed of for the use of The City of New York. (Id., sec. 617, with verbal changes.)

III. Coal.

§ 18. No person shall unload, vend or expose for sale, any charcoal at either of the slips in front of the public markets of the Borough of Manhattan, under the penalty of ten dollars for every such offense. (Id., sec. 619, with verbal changes.)

§ 19. In the sale of anthracite coal the hundred-weight shall consist of 100 pounds avoirdupois, and twenty such hundred-weight shall constitute a ton. (Id., sec. 620.)

IV. Sale of Poultry.

§ 20. No turkeys or chickens shall be offered for sale in the borough, unless the crops of such turkeys and chickens are free from food or other substance and shrunken close to their bodies. That all fowls exposed for sale in violation of this ordinance shall be seized and condemned; such of them ais shall be tainted shall, upon examination, be

destroyed, and the rest which is fit for food shall be used in the public institutions of the city. (R. O. 1897, sec. 536.)

§ 21. Every person exposing for sale any chicken or turkey in contravention of this ordinance shall be liable to a penalty of five dollars for each chicken or turkey So exposed for sale. (Id., sec. 537.)

V. Firewood, Hay and Straw.

§ 22. No firewood shall be sold otherwise than according to the following regulations, that is to say: The stanchions of each cart or sled which shall be employed in the carrying of such wood shall be five feet four inches high from the floor of the cart or sled, and no higher; and the breadth of such cart or sled between the two foremost stanchions shall be two feet five inches, and between the two hindmost stanchions two feet nine inches, and no more; in which space between the two stanchions every cartman who shall cart any wood shall stow as much and as close together as can conveniently be put or as much of it as will amount to thirty-seven feet ten inches, and two-thirds of an inch cubic measure, which shall constitute and be deemed a load, and shall and may be bought and sold accordingly. (Id., sec. 622.) § 23. No person or persons shall buy or sell any firewood contrary to the above regulations; and no cartman shall cart any firewood brought to the Borough of Manhattan for sale except in carts made and constructed as by law directed and loaded as above mentioned under the penalty of five dollars for each offense. (Id., sec. 623, with verbal changes.)

§ 24. No crooked wood shall be stowed in any cart or sled constructed in manner aforesaid with other wood, but the same may be sold or disposed of as refuse wood, not subject to the above regulations; and if any cartman who shall cart firewood shall put, or suffer to be put, in his cart any such crooked wood as will prevent his cart from containing a full load between the stanchions thereof, he shall for every load so carried forfeit the sum of one dollar. (Id., sec. 624.)

§ 25. Hereafter it shall not be lawful for any person to sell or offer to sell, within the limits of the Borough of Manhattan, any hay or straw by the bale, unless the exact gross and net weight shall be legibly and distinctly marked on every such bale of hay or straw, under a penalty of ten dollars for each bale of hay or straw so sold or offered for sale in contravention of the provisions of this ordinance. (Id., sec. 623, with verbal changes.)

Article III.- Sales and Auctions in the Public Streets.

§ 26. Hereafter it shall not be lawful for any person to sell or offer for sale in any of the streets, avenues or public places within the limits of the Borough of Manhattan, any sawdust, except in bags securely tied, which shall neither be filled or emptied, nor the contents thereof permitted to be

scattered or blown about in any such street, avenue or public place, under a penalty of twenty-five dollars for every violation of the provisions of this ordinance. (Id., sec. 635, with verbal changes.)

§ 27. No auctioneer, or his agent or servant or any other person, shall sell at auction or expose for sale or lay or place any goods, wares, merchandise or other thing in any street, road, lane, highway or public place in the Borough of Manhattan, unless such person shall first obtain the consent or permission, in writing, of the occupant of the lot or building before which such articles or any part thereof shall be placed or exposed for sale, under the penalty of ten dollars for every such offense, to be sued for and recovered from the seller, auctioneer or his agent, severally and respectively. (Id., sec. 636, with verbal changes.)

§ 28. No person shall sell or expose for sale or lay or place in any street, lane, road, highway or public place, at any time between the first day of June and the first day of November in each year any salted beef or pork, dried or pickled fish, blubber, hides, cotton or wool, under the penalty of ten dollars for each offense, to be sued for and recovered from the seller, auctioneer or his agent, severally and respectively. (Id., sec. 638.)

§ 29. Every article exposed for sale at public auction, or sold in any public place, street, lane, road or highway in the Borough of Manhattan, shall be removed from the same by the setting of the sun of the day of selling or exposing for sale, under the penalty of ten dollars for each offense, to be sued for and recovered from the auctioneer, his agent or the purchaser thereof, severally and respectively. (Id., sec. 640, with verbal changes.)

§ 30. No bellman or crier, nor any drum or fife, or other instrument of music, or any show-signal or means of attracting the attention of passengers other than a sign or flag, shall be employed or suffered or permitted to be used at or near any place of sale, or at or near any auction room, or at or near the residence of any auctioneer, or at or near any auction whatsoever, under a penalty of ten dollars for each offense, to be sued for and recovered from the person using the same and the auctioneer or his agent suffering or permitting the same, severally and respectively. (Id., sec. 641.)

§ 31. No auctioneer or other person shall sell or expose for sale at public auction or vendue, any dry goods, hardware, woodenware or tinware, by retail or in small parcels or pieces, in any public street, lane, highway or public place in the Borough of Manhattan (articles of household furniture at the places and as herein before provided alone excepted), under the penalty of ten dollars for each offense, to be sued for and recovered from the seller, auctioneer or his agent, severally and respectively. (Id., sec. 642, with verbal changes.)

§ 32. No auctioneer or his agent or servant shall sell or expose for sale at public auction any goods, wares, merchandise or other thing whatsoever, to any person or persons who at the time of bidding for the same, or whilst examining the same, shall be on the sidewalk or carriageway of any of the streets of the Borough of Manhattan, under the penalty of ten dollars for every such offense. (Id., sec. 643, with verbal changes.)

§ 33. No auctioneer or his agent or servant, or any other person, shall lay or place, or sell or expose for sale, any article of household furniture in any street or public place in the Borough of Manhattan, other than such as is hereinbefore designated or mentioned, under the penalty of twenty dollars for every such offense, to be sued for and recovered from the seller, auctioneer or his agent or servant, severally and respectively. (Id., sec. 645, with verbal changes.)

Article IV.

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Sale and Discharge of Firearms, Etc.

§ 34. No cannon or piece of artillery shall be discharged or fired off in any street, avenue, lane or public park or place within the limits of the Borough of Manhattan, without a written permission from the Mayor, under a penalty of twenty-five dollars for every offense. In no case shall the calibre of the cannon exceed four pounds. The provisions of this section, except that relating to the calibre of the cannon, shall not apply to the fourth day of July in each and every year. (R. O. 1897, sec. 71, with verbal changes.)

Special ordinances permitting use of fireworks on special occasions are invalid. Landau vs. City N. Y., 180 N. Y. 48.

§ 35. Any person or persons, commander or other officer, or private of any artillery or other military company, troop of horse, corps, regiment, battalion, brigade or division, who shall violate any or either of the provisions of this article of these ordinances, or shall cause or permit the same to be done, shall severally forfeit and pay the sum of fifty dollars for each discharge or firing off of any piece of artillery, to be paid into the city treasury for the use of the city. (Id., sec. 716.)

§ 36. The sale or use of the instrument known as the "patent flying cap exploder" is hereby prohibited within the limits of the Borough of Manhattan, under a penalty of ten dollars for each offense, to be imposed by any city magistrate of The City of New York, upon the arrest of any offender, after proof of the violation of the provisions of this ordinance. (Id., sec. 720, with verbal changes.)

§ 37. The sale or disposal to minors of toy or other pistols that can be loaded with powder and ball or blank cartridge to be exploded by means of metal caps, is hereby prohibited, under penalty of a fine of ten dollars for each offense, said fine to be imposed by any city magistrate of this city, upon the arrest of any offender, after due proof of a violation of

this ordinance. Nothing herein contained shall apply to the sale or disposal of what are known as firecracker pistols, torpedo pistols or such pistols as are used for the explosion of paper caps. (R. O. 1897, sec. 538, as amend. by ord. app. Nov. 14, 1906, infra.)

CHAPTER 2.- NUISANCES.

§ 38. No person shall swim or bathe in any of the waters within the jurisdiction of the Borough of Manhattan, except in public or private bathing houses, unless covered with a bathing suit so as to prevent any indecent exposure of person, under a penalty of five dollars for each offense; nor shall any person dress or undress in any place in said borough, exposed to view, under a like penalty. (R. O. 1897, sec. 662, with verbal changes.)

§ 39. No person shall beat any drum or instrument for the purpose of attracting the attention of passengers in any street in the Borough of Manhattan, to any show of beasts or birds or other things in said city; nor shall any person use or perform with or hire, procure or abet any other person to use or perform with any musical or other instrument, in any of the streets or public places in the Borough of Manhattan. The provisions of this section shall apply only to itinerant musicians and side-shows, and shall not be construed so as to affect any band of music or organized musical society engaged in any military or civic parade or in serenading, who shall comply with the laws of the State relating to parades in The City of New York, or to any musical performance conducted under a license from the proper municipal authority. No person shall use or perform with or hire, procure or abet any other person to use or perform with, any hand organ in any of the streets or public places in the Borough of Manhattan, before the hour of nine a. m. nor after the hour of seven p. m. of each day, nor during any part of the first day of the week, commonly called Sunday, nor within a distance of 500 feet of any school house or house of public worship, during school hours or hours of public worship, nor within a like distance of any hospital, asylum or other public institution, nor within a distance of 250 feet of any dwelling house or other building, when directed or requested by an occupant thereof not to so perform. No person shall use or perform upon any hand organ except such organ shall be licensed as hereinafter ordained. Upon the payment of a license fee of one dollar per annum, the Mayor may license such number of organs as he may deem proper, not to exceed, however, the total number of 300. Such license must be conspicuously displayed upon the front of said organ. No person using or performing any hand organ licensed as hereinbefore recited, shall solicit, ask or request any money for such use or performance in any way, shape or manner, directly or indirectly. Any violation of this ordinance or any part