debts of every nature, and over and above his liabilities, as bail, surety or otherwise, and that he has offered himself as a surety in good faith, and with an intention to execute the bond required by law; and like affidavit as to sufficiency shall be required of an officer of any company so consenting. (Id., sec. 350.)

§ 516. The sealed envelope containing the estimate shall be indorsed with the name or names of the person or persons presenting the same, the date of its presentation, and a statement of the work to which it relates; and no estimate shall be taken from the "Estimate Box," or the sealed envelope thereof, opened by any one, except at the time and in the manner herein designated for deciding on such estimates. At the time and place appointed for that purpose in the proposals as prescribed in this article, the head of the department, or other officers empowered to make the contract, in the presence of the Comptroller, and such of the parties making them as may desire to be present, shall then and there open the said estimate box; and the estimates to be examined at that time, as may appear from the indorsements thereon, shall be taken from said box. The said head of department shall then and there publicly open and read all estimates which he may have received for the contract mentioned in such proposals, and shall reject all estimates not furnished in conformity with the law and the ordinances relating thereto and the requirements thereof. The award of the contract shall be made according to law. (Id., sec. 351.)

§ 517. When proposals are issued for a contract to furnish any article of which a sample can conveniently be furnished, the head of the department issuing the same may require that such sample be delivered at his office or at the office of the head of the appropriate bureau in his department, within such time before the opening of the estimates as he may prescribe; and if it be not so furnished, or do not conform to the quality required by the proposals, the estimate delivered by the person furnishing or omitting to furnish the same, as the case may be, shall be rejected. (Id., sec. 352.)

§ 518. In all contracts for work for The City of New York where provision is made for the payment of the contract price by installments, a provision shall be inserted that the contractor shall allow ten per cent. of the contract price of the work actually done to remain as security till the whole work shall be completed according to the contract. (Id., sec. 353, with verbal changes.)

§ 519. In all contracts for the work for The City of New York upon any public building, or in any public street or place, in the performance of which accidents or injuries may happen to the person or property of another, a provision shall be inserted that the contractor shall place proper guards for the prevention of accidents, and shall put

up and keep at nights suitable and sufficient lights during the performance of the work; and that he will indemnify The City of New York for damages or costs to which the city may be put by reason of injury to person or property of another resulting from negligence or carelessness in the performance of the work. (Id., sec. 355.)

§ 520. Every contract for supplies or work by The City of New York shall be executed by the contractor or contractors to whom the same may be awarded, and shall be accompanied by a bond in the penalties mentioned in the proposals therefor, executed by the persons or company consenting to become bound as sureties, or by such other persons or company as shall be substituted therefor, with the consent of the head of the department making such contract, conditioned for the faithful performance of the contract and every provision therein contained, and which bond shall be accompanied by the oath, in writing, of the person signing the same, that each is a householder or freeholder in The City of New York, and of the person or any officer of such company, that he or it is worth the amount of the security required for the completion of the contract and stated in the proposals, as herein before prescribed. And it shall be the duty of the Comptroller to require such sureties to be further examined before himself or an officer authorized to administer oaths deputed by him, in respect to the items and details of their property, before approving the adequacy and sufficiency of such sureties. And the several departments of the city government and officers aforesaid, by which every and each contract for work to be done for The City of New York shall be made in pursuance of these ordinances, shall have power and it shall be their duty to require and enforce the faithful execution of each and every contract so made by them; and in case the contractor or contractors shall fail in any respect to perform the work which he or they have contracted to render or perform within the time limited for the performance of the same, then it shall be the duty of such departments or officers aforesaid having charge of such work to do and complete the same in the manner provided for the performance of the same, in the contract, and the cost of the same shall be a charge against such delinquent contractor or contractors; provided, however, that the head of any department or officers aforesaid, by whom any such contract shall be made, may, on good and sufficient cause, extend for a reasonable time the period fixed for the completion thereof. (R. O. 1897, sec. 356.)

§ 521. Whenever any contract shall be made hereafter by any of the departments or officers aforesaid of The City of New York, the amount whereof is to be afterward collected by assessment from the property benefited by the work to be done under said contract, it shall be the duty of the head of department or officers aforesaid making such contracts to cause to be inserted therein a clause that, as the work

progresses, payments will be made to the contractors by monthly installments of seventy per cent. on the work performed, provided the amount of work done on each installment shall amount to $1,500; and the head of department making such contracts shall forthwith file a copy thereof with the Comptroller. (Id., sec. 357.)

§ 522. Whenever any payment shall become due upon any contract, according to the provisions thereof or in accordance with any of the provisions of these ordinances, it shall be the duty of the head of department or officer aforesaid having such work in charge to furnish to the person or persons entitled to such payments a certificate, in writing, specifying the contract upon which such payment is due and the amount due upon such contract. (Id., sec. 360.)

§ 523. It shall be the duty of the Comptroller, on the presentation of such certificate being made to him, to pay the amount thereof and indorse such payment upon the contract upon which said payment is made; but no payment shall be made upon such contract beyond the amount thereof, and the final payment thereon shall not be made until the head of department or officer aforesaid having such work in charge shall furnish the Comptroller, who shall file the same in his office, a certificate signed by the head of such department or officer aforesaid, that the work mentioned in such contract has been completed according to the terms of said contract, and to the satisfaction of the head of department giving such certificate. (Id., sec. 361.)

§ 524. The Comptroller shall keep an account of all bonds so issued, specifying the particular work on account of which the same may be issued; and all moneys collected on account of any work for the payment of which said bonds were issued shall be faithfully applied as aforesaid. (Id., sec. 362.)

§ 525. Each and every contractor shall be required to have an affidavit from the surveyor, setting forth the amount of work done, of every description, that may be charged in each bill or assessment list of said contract; and said affidavit shall be attached to said assessment list. The inspector shall also furnish an affidavit attached to each contract that the work is done according to the plans and specifications, said affidavit to be attached to each assessment list before presented for confirmation. (Id., sec. 363.) § 526. In all cases of delinquency in the payment of any assessment for work done under a contract made by any contractor with The City of New York in respect to any street or road, and in respect to the building of wharves, piers, slips and sewers in this city, and in all such like contracts on a final settlement with every such contractor, there shall be allowed and paid to such contractor all interest money which shall have been collected on his account or contract, first deducting the collector's commission

on so much of the said interest as shall have been collected and received by him. (Id., sec. 364.)

§ 527. In all contracts for work done at the expense of and by The City of New York for the more speedy execution of any by-laws, ordinances, orders or directions of The City of New York, and which by any law The City of New York is authorized to collect by assessment or otherwise from the owners or occupants, lessees or parties interested in any property deemed benefited thereby, provision shall be made for the payment of the amount of said contract, on the completion of the work, to the satisfaction of the department making such contract. (Id., sec. 365, with verbal changes.)

§ 528. It shall be lawful for the department making any contract of the character mentioned in the preceding section of this article to make provision for the payment to any contractor of installments on account of such work, as the same progresses, reserving thirty per cent. of the contract price of the work actually done, to remain as security till the whole work be completed according to the contract. (Id., sec. 366.)

XIII. Transportation of Iron, Steel or Other Material Over Streets. § 529. All rails, pillars and columns of iron, steel or other material, which are being transported over and along the streets of The City of New York upon carts, drays, cars, or in any other manner, shall be so loaded as to avoid causing loud noises or disturbing the peace and quiet of such streets, under penalty of twenty-five dollars for each offense. (R. O. 1897, sec. 673.)

XIV. Walks and Bridges Over Gutters.

§ 530. It shall be lawful for any person who so desires to place and keep a bridge over the gutter in front of any building other than those used as private residences, except on Broadway, Fifth avenue and Madison avenue, on the following conditions: First - Application must be made to the Bureau of Licenses, and the sum of one dollar per annum, dating from the granting of such permit, paid for the privilege. Second -- Every such bridge shall be constructed under the supervision and subject to the direction of the President of the Borough in which the same shall be constructed. Third - Every such bridge shall be so constructed that it can be easily moved, and it shall be the duty of every person to whom such privilege may be granted, and to all persons now enjoying a like privilege, to clean thoroughly, or cause to be so cleaned, the gutter underneath every such bridge on Wednesday of each week, between the hours of sunrise and 9 o'clock A. M. The Mayor may, for any violation of this ordinance, or on the complaint of any citizen, or for any cause that he may deem sufficient,

revoke any such permit so granted, or like privilege now enjoyed without a permit. (R. O. 1897, sec. 780.)

XV. The Discharge of Combustible Substances.

§ 531. No person shall fire, discharge or set off in The City of New York any rocket, cracker, torpedo, squib, balloon or other fireworks, or thing containing any substance in a state of combustion under the penalty of five dollars for each offense. (R. O. 1897, sec. 718.)

NOTES.

Evidence, Pleading. The courts will not take judicial notice of municipal ordinances. They must be specially pleaded and proved. City of New York vs. Knickerbocker Trust Co., 104 App. Div. 223. Validity. An ordinance adopted pursuant to authority from the Legislature has the same force within the corporate limits as a statute passed by the Legislature. Village of Carthage vs. Frederick, 122 N. Y., 268; City of Buffalo vs. N. Y. Lake Erie R. R., 152 N. Y. 276.

Burden of Proof.- An ordinance is presumed to be reasonable. City of New York vs. Hewitt, 91 App. Div. 445. But it is always competent to show that it is unreasonable. Mayor vs. Dry Dock Ry. Co., 133 N. Y. 104; Fire Dept. vs. Gilmour, 149 N. Y. 453; Health Dept. vs. Rector Trinity Church, 145 N. Y. 32; Brooklyn Crosstown R. R. Co. vs. City of Brooklyn, 37 Hun, 413.

Negligence and Nuisance. The suits brought to recover damages suffered by reason of the violation of ordinances are very numerous. See Thomas on Negligence and Wood on Nuisances. For ready reference the following leading cases are given:

Vaults and Cellars.- Babbage vs. Powers, 130 N. Y. 281; Jorgensen vs. Squires, 144 N. Y. 281; Jennings vs. Van Schaick, 108 N. Y. 530. Landlord.- Trustees Canandaigua vs. Foster, 156 N. Y. 354; Swords vs. Edgar, 59 N. Y. 28; Ahern vs. Steele, 115 N. Y. 203. Complying with Conditions of License.- Wolf vs. Kirkpatrick, 101 N. Y. 146; Devine vs. Nat. Wall Paper Co., 95 App. Div. 194. Coal Hole.- Clifford vs. Dam, 81 N. Y. 52.

Construction.- While ordinances providing penalties are to be strictly construed. Village of Stamford vs. Fisher, 140 N. Y. 187. Still they must be reasonably construed so as to give effect_to the intent of the Legislature. O'Keefe vs. Adams, 46 St. Rep. 557; People ex rel. Cumiskey vs. Wurster, 14 App. Div. 556; Mayor, etc., vs. Third Ave. R. R. Co., 16 St. Rep. 122, app. 117 N. Y. 404; Duryee vs. Mayor, 96 N. Y. 477. See McQuillin, Municipal Ordinances.

Defenses. The fact that other persons are violating an ordinance and are not prosecuted is no defense. City of Buffalo vs. N. Y., Lake Erie & W. R. R., 152 N. Y. 276.

CHAPTER 14.- THE SANITARY CODE.

By Laws 1904, ch. 628, sec. 3, the Sanitary Code in force May 1, 1904, was made a chapter of the ordinances of New York City. All amendments when filed with the City Clerk take effect.

The following sections embody substantially the Sanitary Code as adopted by the Board of Health of the Department of Health of The City of New York. "conformed to chapter XIX, title 1, chapter 378, of the Laws of 1897, and chapter XIX, title 1, chapter 466, of the Laws of 1901, pursuant to section 1172 of said titles, with the amendments and additional provisions, added and published to March 1, 1905." See notes under sec. 1, infra.

Definitions of Terms.

Section 1. The terms "Board," "this Board" and "said Board whenever used in this Code shall be held to mean