§ 314. Every public cartman shall be entitled to be paid the legal rate of compensation herein provided immediately after the transportation and before actual delivery, and in default of such payment to retain a load or part thereof sufficient to secure charges, and convey the same promptly to the Property Clerk of the Police Department, or to a convenient storage warehouse, where the same may be left on storage, subject to all charges incurred, including cartage to place of deposit. A notice, in writing, with a brief statement of particulars, shall be sent at once by the cartman to the Bureau of Licenses. (Id., sec. 10.)

II. Drivers of Licensed Vehicles.

§ 315. Every person driving a licensed hack or express, other than the person named in the license therefor, shall be licensed as such driver, and every application for such license shall be indorsed, in writing, by two reputable residents of The City of New York certifying to the competence of the applicant. (Id., sec. 55.)

III. Public Hacks and Hackmen.

§ 316. Any vehicle kept for hire shall be deemed a public hack and a vehicle intended to seat two persons inside shall be deemed a cab, and a vehicle intended to seat four persons inside shall be deemed a coach, and the term hackman shall be deemed to include owner or driver, or both. (Ord. app. Nov. 2, 1905, sec. 1.)

But a hotel omnibus conveying guests of a hotel to and from station free of charge is not a public conveyance.' City of Oswego vs. Collins, 38 Hun, 171.

§ 317. None but licensed hacks shall use the designated public hack stands in the city. The owner of any hack not intended to use the public stands and having the written consent of the owner or lessee of the premises, in the discretion of the Mayor or the Chief of the Bureau of Licenses, may be specially licensed and permitted to use temporarily a portion of the street in front of said premises as a stand, and shall be confined to carrying passengers from said premises. (Id., sec. 2.)

The power of the Mayor to license vehicles in general is discretionary, as the object of the ordinance is not so much to raise a tax as to preserve good order. People vs. Mayor, etc., of New York, 7 How. Pr. 81. No permit could be granted for hacks to stand in front of private property, or other than general public hack stands, without the consent of the owner of the property affected. McCaffrey vs. Smith (village of Saratoga), 41 Hun, 117. But where the owner consents and there is no nuisance created hackmen may reasonably use the public highway (Holland House and Waldorf). People ex rel. Thompson vs. Brookfield, 6 App. Div. 398. And a party having a special license to stand in front of a restaurant and hotel (Rector's) may enjoin others from using it as a hack stand. Odell vs. Bretney, 62 App. Div. 595, 93 App. Div. 607. But to justify issuing such a special license there must be a special necessity for its issuance. Odell vs. Bretney, 38 Misc. 603. Where a livery stable keeper in New Jersey sends cabs to Brooklyn to meet transatlantic steamers no license is required. City of New

York vs. Hexamer, 59 App. Div. 4. A hackman has no power to carry on his business in the public streets where it is forbidden. People vs. Commissioner of Saratoga Springs, 90 App. Div. 555.

§ 318. No hackney coach, carriage or cab, which shall be specially licensed by virtue of the provisions of this ordinance shall make use or come upon any stand that is now or may be hereafter designated as a hackney coach stand, or at any other place in The City of New York, except in front of or adjacent to any hotel or hotels, or at any other place which may be designated by the Mayor, and which may be used as a stand, with the approval and consent of the persons occupying the premises in front of which said coaches, carriages or cabs are to be permitted and allowed by the authority of the Mayor, as aforesaid, provided that the owner or driver of any such coach, carriage or cab shall not solicit nor take any passenger or passengers on the streets, but shall confine themselves solely to and for the use of the guests of said hotel or hotels. (Id., sec. 3, with verbal changes.)

This was sustained as to the Hotel Imperial in City of New York vs. Reesing, 38 Misc. 129, affd. in 77 App. Div. 417.

§ 319. The legal rates of fare, of which an official copy shall be furnished by the Bureau of Licenses and carried by every licensed hackman, shall be as follows:

Mileage rates charged for general driving:

Cabs

For one mile or any part thereof....

$0.50

For each additional half mile or part thereof.

For any stop over five minutes in a trip, for every fifteen minutes or fraction thereof..

25

Coaches

For one mile or any part thereof....

1 00

For each additional half mile or any part thereof... For every stop over five minutes in a trip, for every fifteen minutes or fraction thereof..

88

50

40

Hourly Rates.-- These hourly rates, except by special agreement, are to apply only to shopping or calling and shall not include park or road driving, nor driving for more than three miles from the starting point:

For one hour or any part thereof....

150

For each additional half hour or any part thereof..

75

For driving around Central Park the charge shall be three dollars, where the starting point is between Twenty-third

street and One Hundred and Thirty-fifth street; if the starting point is below Twenty-third street, or north of One Hundred and Thirty-fifth street, an additional charge of fifty cents, for each mile or fraction thereof, shall be paid.

For driving around Central Park and Riverside Drive, where the starting point is between Twenty-third street and One Hundred and Thirty-fifth street, the charge shall be four dollars; if the starting point is below Twenty-third street or north of One Hundred and Thirty-fifth street, an additional charge of fifty cents for each mile or fraction thereof shall be paid.

On all park drives one-half hour shall be allowed for sight-seeing, without extra compensation. (Id., sec. 4.)

§ 320. Ferriage and bridge tolls in all cases to be paid by the parties using the vehicles. (Id., sec. 5.)

§ 321. Twenty blocks north and south to constitute a mile; seven blocks between the numbered and lettered avenues will be deemed a mile, as from Avenue B to Sixth avenue or from Second avenue to Ninth avenue. (Id., sec. 6.) § 322. Every hack shall be provided with a suitable lamp on each side and shall have securely fastened across the middle of the outside of each lamp a metal band not less than two inches in width, out of which the official number of the license shall be cut after the manner of a stencil plate, the component figures of such number to be not less than one and one-half inches in height, and the style of the whole to be approved by the Mayor or Chief of the Bureau of Licenses. Every licensed hack shall have the official number of the license legibly engraved or embossed upon a metal plate and affixed inside, as designated and approved by the Mayor or Chief of the Bureau of Licenses, and no licensed hack shall carry or have affixed to it, inside or outside, any number except the official number as aforesaid. (Id., sec. 7.)

§ 323. Every licensed hackman, immediately after the termination of any hiring or employment, must carefully search such hack for any property lost or left therein, and any such property, unless sooner claimed or delivered to the owner, must be taken to the nearest police station and deposited with the officer in charge within twenty-four hours after the finding thereof, and in addition a written notice, with brief particulars and description of the property, must be forwarded at once to the Bureau of Licenses. (Id., sec. 8.)

§ 324. Every licensed hackman shall have the right to demand payment of the legal fare in advance, and may refuse employment unless so prepaid, but no licensed hackman shall otherwise refuse or neglect to convey any orderly person or persons upon request anywhere in the city unless previously engaged or unable to do so. No licensed hackman shall carry any other person than the passenger first

employing a hack without the consent of said passenger. (Id., sec. 9.)

§ 325. All vehicles for hire shall be licensed, and the owner thereof shall pay the sum of two dollars with his original application as the license fee for each and every vehicle so kept for hire, and one dollar for each vehicle for annual renewals. (Id., sec. 10.)

§ 326. All disputes as to the lawful rate of fare, where no agreement has been made, and all refusals to pay the agreed amount where an agreement is claimed, shall be determined by the police officer in charge of the police station nearest to the place where such dispute is had, and, except in the case of a freeholder or householder in The City of New York, failure to comply with such determination shall subject the offending party to a charge of disorderly conduct, punishable by a fine of not exceeding ten dollars, or in default thereof imprisonment for not more than ten days. (Id., sec. 11.)

IV. Public Hack Stands.

§ 327. Any duly licensed hackney coach or cab shall stand while waiting for employment at any of the following places and for the periods of time hereafter provided:

Stand No. 1.- South Ferry, foot of Whitehall street, along the park.

Stand No. 2.- Broadway, around Bowling Green.

Stand No. 3.- In Barclay street, west of Washington street.

Stand No. 4.- In Murray street, between Washington and West streets.

Stand No. 5.- In Broad street, from Stock Exchange to Beaver street; one line in center of street.

Stand No. 6. At Fulton Ferry, along the Market side, south and east.

Stand No. 7.- Broadway, from north side of Beekman street to Chambers street, and Chambers street, from Broadway to west side of new court-house, park side. Stand No. 8.-In Canal street, west of Washington

street.

Stand No. 9.- In Chatham square.

Stand No. 10.- North, west and south sides of Union square.

Stand No. 11.- North, west and south sides of Madison square.

Stand No. 12.- The vacant square, junction of Broadway and Sixth avenue, Thirty-second and Thirty-fifth streets. Stand No. 13.- On Fourth avenue, between Fortieth and Forty-second streets, each side of the cut to the tunnel. Stand No. 14.- At the junction of Broadway and Seventh avenue on the squares, Forty-third to Forty-seventh_street. Stand No. 15.- On the north side of Fortieth and south

side of Forty-second streets, from Fifth avenue to Sixth

avenue.

Stand No. 16.- On Fifty-ninth street, north side, from Fifth avenue to a point 100 feet east of Eighth avenue. Stand No. 17.- At all ferries.

Stand No. 18.- At all passenger steamboat landings, fifteen minutes before the usual time of arrival of such passenger steamboats.

Stand No. 19.- At all theatres and other places of public amusement, fifteen minutes before the conclusion of the performance.

Stand No. 20.- At all railroad depots, five minutes prior to the arrival of passenger trains, licensed owners and drivers may solicit passengers without their vehicles, except that at the Grand Central Depot such hackmen shall not stand on the sidewalk more than three feet within the curb. Stand No. 21.— Broadway, opposite St. Paul's Church, from five p. m. until sunrise.

Stand No. 22.- On all street corners, from ten p. m. until sunrise.

Stand No. 23.- South side of One Hundred and Fifty-fifth street, between Ninth and Manhattan avenues.

Stand No. 24.- North side of One Hundred and Fortyfifth street, from the corner of Eighth avenue 300 feet east. Stand No. 25.- North side of One Hundred and Twentyfifth street, to extend a distance of 100 feet west of Eighth

avenue.

Stand No. 26.-North side of One Hundred and Fiftyfifth street, from the corner of Eighth avenue 300 feet east. Stand No. 27.- West side of Third avenue, near the Fordham Station of the New York and Harlem Railroad, extending southerly about 100 feet from the southerly intersection of Pelham avenue.

Stand No. 28.- Every elevated railroad station in The City of New York shall be deemed a public cab stand, and public cabs and coaches shall be and are hereby authorized to stand on the street corners at such places.

Stand No. 29.- Park avenue, from Sixtieth street to Sixtyfirst street, and Seventy-second to Seventy-third street, on west side of tunnel.

Stand No. 30.— Fifth avenue, Sixtieth to Sixty-second street, on west side of avenue, and Seventy-first to Seventysecond to Seventy-third street, on west side of avenue.

Stand No. 31.-Fifth avenue, Eighty-first to Eighty-second street, and from Ninetieth to Ninety-first street, on west side of avenue.

Stand No. 32.- Sixty-third street, from Broadway to Columbus avenue, north side.

Stand No. 33.— From Sixty-third to Sixty-fourth street, on Broadway, west side.

Stand No. 34.- Sixty-sixth street, between Broadway and Columbus avenue, south side.