be taken, as in the case of an unsafe building, as provided for in this Code. The Department of Buildings is hereby authorized and empowered in such cases, and also where any building or part thereof has fallen, and life is endangered by the occupation thereof, to order and require the inmates and occupants of such building or part thereof to vacate the same forthwith, and said department may, when necessary for the public safety, temporarily close the sidewalks and streets adjacent to such building or part thereof, and prohibit the same from being used, and the Police Department, when called upon by the said Department of Build. ings to co-operate, shall enforce such orders or requirements. For the aforesaid purposes the said Fire Department, or the Department of Buildings, as the case may be, shall employ such laborers and materials as may be necessary to perform said work as speedily as possible. (Id., sec. 157, rev. from L. 1882, ch. 410, § 502, as amend.)

§ 157A. In case there shall be, in the opinion of the Borough President or Superintendent of Buildings in any borough having jurisdiction, danger to life or property by reason of any defective or illegal work, or work in violation of or not in compliance with any of the provisions or requirements of this Code, the said Borough President or Superintendent of Buildings or such person as may be designated by him shall have the right and he is hereby authorized and empowered to order all further work to be stopped in and about said building, and to require all persons in and about said building forthwith to vacate the same, and to cause such work to be done in and about the building as in his judgment may be necessary to remove any danger therefrom. And said Borough President or Superintendent of Buildings may, when necessary for the public safety, temporarily close the sidewalks and the streets adjacent to said building, or part thereof, and the Police Department, when called upon by the said Borough President or Superintendent of Buildings to co-operate, shall enforce such orders or requirements. (Ord. app. June 1, 1904.)

Part 33.- Fund for Use and Benefit of the Department of

Buildings.

§ 158. Fund for Use and Benefit of the Department of Buildings.- The Corporation Counsel shall sue for and collect all penalties and take charge of and conduct all legal proceedings imposed or provided for by this Code; and all suits or proceedings instituted for the enforcement of any of the several provisions of the preceding sections of this Code or for the recovery of any penalty thereunder shall be brought in the name of The City of New York by the Corporation Counsel, to whom all notices of violation shall be returned for prosecution, and it shall be his duty to take charge of the prosecution of all such suits or proceedings, collect and receive all moneys that may be collected upon

judgments, suits or proceedings so instituted, or which may be paid by any parties who have violated any of the provisions of this Code, and upon settlement of judgment and removal of violations thereunder, execute satisfaction therefor. He shall, on the first day of each and every month, render to each Commissioner of Buildings an account of and pay over to the commissioner having jurisdiction the amount of such penalties and costs received by him, together with his bill for all necessary disbursements incurred or paid in said suits, keeping a separate account for each Commissioner, and each Commissioner shall pay over monthly the amount of such penalties and costs so collected to the Comptroller of The City of New York as a fund for the use and benefit of the Department of Buildings for the purpose of paying any expenses incurred by said department, under section 157 of this Code, and also for the purpose of carrying into effect any order or precept issued by any court, or judge or justice thereof, in this Code named, to any Commissioner of Buildings, and upon the requisition of the Commissioner of Buildings having jurisdiction, said Comptroller shall pay such sum or sums as may be allowed and adjusted by any court of record, or a judge or justice thereof, for such purposes, as far as the same may be in his hands. A separate account shall be kept by the Comptroller of the moneys paid to him by each Commissioner, and no such moneys shall be paid for such purposes to any of said Commissioners except from the account of the funds received from him. (Id., sec. 158, rev. from L. 1882, ch. 410, § 515, as amend.) Part 34.- Seal. Officers of Department May Enter Buildings. § 159. Seal. The Board of Buildings may adopt a seal and direct its use in the Department of Buildings. (Id., sec. 159, L. 1892, ch. 275, § 4.)

§ 160. Officers of Department May Enter Buildings.- All the officials of the Department of Buildings, so far as it may be necessary for the performance of their respective duties, have the right to enter any building or premises in said city, upon showing their badge of office. (Id., sec. 160, rev. from L. 1882, ch. 410, § 516.)

Part 35.- Existing Suits and Liabilities. Invalidity of One Section Not to Invalidate Any Other.

§ 161. Existing Suits and Liabilities-Nothing in this Code contained shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this Code. (Id., sec. 161, L. 1892, ch. 275, § 45.)

§ 162. Invalidity of One Section Not to Invalidate Any Other. The invalidity of any section or provision of this

Code shall not invalidate any other section or provision thereof. (Id., sec. 162.)

Part 36.- Ordinances Repealed. Date When Ordinance Takes Effect.

§ 163. Repealing Section.- All ordinances of the former municipal and public corporations consolidated into The City of New York affecting or relating to the construction, alteration or removal of buildings or other structures, and all other ordinances or parts thereof inconsistent herewith are hereby repealed. (Id., sec. 163.)

§ 164. Date When Ordinance is to Take Effect. This ordinance shall take effect sixty days after its approval by the Mayor. (Id., sec. 164.)

CHAPTER 16.- PARK ORDINANCES, RULES AND REGULATIONS.

The power of the Board of Aldermen to pass Park Ordinances is prescribed in the Greater New York Charter (L. 1897, ch. 378, sec. 47), and the Revised Charter (L. 1901, ch. 466, sec. 43).

By Laws 1904, chapter 678, section 1, amending section 610, Laws 1901, chapter 466, the Park Rules in force May 1, 1904, were made a chapter in the City Ordinances and amendments when adopted by the Park Board became effective when copies were filed with the City Clerk.

The following is taken from the Park Ordinances passed March 14, 1904:

The Park Board of the Department of Parks of The City of New York ordains as follows:

All persons are forbidden

1. To cut, break or in any way injure or deface the trees, shrubs, plants, trees, posts, railings, chains, lamps, lamp-i posts, benches, tree-guards, buildings, structures or other property in or upon any of the public parks, parkways, squares or places of or within The City of New York, under the jurisdiction of the Department of Parks, or to dig into or upon the soil within the boundaries of any such parks, parkways, squares or places or of any roads or roadways upon or across the same.

2. To go on foot or otherwise upon the grass, except when and where permitted, or to throw or leave any paper, refuse or rubbish on any of the lawns or walks of the said parks, parkways, squares or places.

3. To expose any article for sale or exhibition, unless! previously licensed by the Department of Parks therefor, on any part of such public parks, parkways, squares or places.

4. To post any bill, placard, notice or other paper upon any structure within such public parks, parkways, squares or places, or upon any street or avenue adjacent thereto under the jurisdiction of the Department of Parks, unless reviously licensed so to do by the Commissioner having

jurisdiction, and in accordance with the provisions of section 16 hereof.

5. To play upon any musical instrument within such public parks, parkways, squares or places, or take into, carry or display any flag, banner, target or transparency without the permission of the Commissioner having jurisdiction.

6. To erect any structure, stand or platform, or hold any meetings in such parks, parkways, squares or places, without previous permission therefor from the Commissioner having jurisdiction.

7. To use threatening, abusive or insulting language upon any of such public parks, parkways, squares or places, or doing any obscene or indecent act thereon, or any act tending to a breach of the public peace.

8. No hackney coach, carriage, wagon, cart or other vehicle for hire shall stand upon any such public park, parkway, square or place, or upon any street or avenue adjacent thereto under the jurisdiction of the Department of Parks without previous license, and then only at such place as shall be indicated and allowed by the Commissioner having jurisdiction.

9. No horse or other animal shall be allowed to go at large upon such public parks, parkways, squares or places, except that dogs may be allowed therein when led by a chain or proper dog-string not exceeding six feet in length.

10. No person shall bathe or fish in any of the waters or fountains, nor cast any substance therein, nor disturb or interfere in any way with the fish, birds or animals within such public parks, parkways, squares or places, except in the waters adjacent to Pelham Bay Park, where bathing and fishing shall be permitted, subject to the rules and regulations prescribed by the Commissioner of Parks for the Borough of The Bronx. Fishing may be allowed in the lakes of Prospect Park under permits granted by the Commissioner having jurisdiction.

11. All drunken, disorderly or improper persons, and all persons doing any act injurious to such parks, parkways, squares or places, shall be removed therefrom by the parkkeeper or police in charge thereof. When necessary to the protection of life or property, the officers and keepers of the park may remove all persons from any designated part thereof.

12. No animal or vehicles shall be permitted to stand, nor any incumbrance of any kind be allowed to remain upon any street adjacent to or bounding upon any public square or place in The City of New York, under the jurisdiction of the Department of Parks, without permission of the Commissioner for the boroughs within located, except that vehicles may be permitted to take up and set down passengers, and to load and unload merchandise in the usual manner, and may occupy the street a reasonable time for the purpose; provided, however, that they shall not, while so

doing, unnecessarily incumber the street or obstruct travel therein.

13. No one shall throw stones or other missiles, nor beg or publicly solicit subscriptions or contributions, nor tell fortunes, nor play games of chance or with any table or instrument of gaming, nor make any harangue, nor climb upon any wall, fence, shelter, seat, statue or other erection within such public parks, parkways, squares or places within The City of New York.

14. No automobile or horseless vehicle shall be driven upon or over the drives of such public parks, parkways, squares or places at a greater speed than eight miles an hour. (Id., sec. 14, as amend. June 22, 1905.)

15. No fence in or about any land fronting upon or adjacent to any public park, parkway, square or place in The City of New York, shall be erected until a plan, showing the height, character and method of construction of the proposed fence, has been submitted to the Commissioner of Parks having jurisdiction, and approved by him, and a permit in writing issued therefor.

16. No poster or advertising device shall be placed upon any fence or other structure used for advertisement or the exhibition in, about or upon any land fronting upon or adjacent to any public park, parkway, square or place in The City of New York, until a description or a drawing of the same shall be filed with the Commissioner of Parks having jurisdiction, and approved by him, and a permit in writing issued therefor.

This permit was held to be a reasonable license in McNamara vs. Wilcox, 73 App. Div. 451, and held illegal in Tompkins vs. Pallas, 47 Misc. Rep. 309, aff. 81 App. Div. 635 and 176 N. Y. 573.

17. Owners of fences or other structures now existing in, about or upon lands fronting upon or adjacent to any park, parkway, square or place in The City of New York used for advertising or exhibition of advertisements, shall not modify or alter such structures or the advertising device placed thereon until a written application has been made to the Commissioner having jurisdiction over the same, requesting his permission for the said alteration or modification, which shall be fully described in the said application, and the necessary permit obtained therefor.

18. No military or target company, or civic or other procession, shall be allowed to parade, drill or perform upon any of the parks, parkways, squares or public places, without permission from the Commissioner of Parks having jurisdiction, except in the case of the use of Van Cortlandt parade ground in Van Cortlandt Park and the parade ground adjacent to Prospect Park, by the National Guard of the State of New York.

19. No automobile, stage or other vehicle shall be allowed to carry passengers for hire over or upon any of the parks, parkways or drives, concourses, plazas or circles, under the