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 herein before 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

thereof shall be a misdemeanor, and punishable by a fine not exceeding ten dollars, or imprisonment not exceeding ten days for each offense. (Id., sec. 667, with verbal changes.)

The validity of licenses to use musical instruments sustained. Roderick VS. Whitson, 51 Hun, 620; People VS. Garabel, 20 Misc. 127.

§ 40. No person within the Borough of Manhattan shall, from any window or open space situated in any story of a house above the street floor, which window or open space is visible from the street, or from the sidewalk on the opposite side of the street, exhibit to the public upon said street, or upon the opposite sidewalk, any pantomime performance of puppet or other figures, ballet or other dancing, comedy, farce, show with moving figures, play or any other entertainment of the stage or dramatic performance, or of that nature, under penalty of ten dollars for each such offense. (Id., sec. 668, with verbal changes.)

§ 41. No advertising trucks, vans or wagons shall be allowed in the streets of the Borough of Manhattan, under a penalty of ten dollars for each offense. Nothing herein contained shall prevent the putting of business notices upon ordinary business wagons, so long as such wagons are engaged in the usual business or regular work of the owner, and not used merely or mainly for advertising. (Id., sec. 669, with verbal changes.)

§ 42. It shall not be lawful for any person to place or keep on any window sill, railing of balcony, top of porch or any other projection from any house or other building in the Borough of Manhattan, any earthen flower pots, wooden box or other article or thing whatever for the cultivation or retention of flowers, shrubs, vines or any other article or thing whatever, unless every such flower pot, box or other article is securely and firmly fastened or protected by iron railings, so fastened as to render it impossible for any such pot, box or other article to fall into the street, under a penalty of ten dollars for every offense, to be recovered in the marner now specified by law for the collection of fines imposed for violations of ordinances of the said borough. (Id., sec. 671, with verbal changes.)

CHAPTER 3.- PARTITION FENCES AND WALLS.

§ 43. All partition fences in the Borough of Manhattan shall be made and maintained by the owners of the land on each side, and each party shall make and keep in repair one-half part thereof when it can be conveniently divided. (R. O. 1897, sec. 697, with verbal changes.)

§ 44. In case of any dispute between the parties concerning the division of any such fence, or as to what part or portion of it shall be made or repaired by each party, respectively, and in all cases of dispute concerning the sufficiency of any fence in the Borough of Manhattan, the matter

shall be determined by the Alderman for the time being of the district in which such partition or other fence may be situated. (Id., sec. 698, with verbal changes.)

§ 45. When any partition fence cannot be conveniently divided, the same shall be made and kept in repair at the joint and equal expense of the owners of the land on each side. (Id., sec. 699.)

§ 46. When the regulation of a lot, in conformity with the street on which it is situated, shall require the ground of such lot to be raised and kept up higher than the ground of the adjoining lot or lots, and a partition wall for supporting the same shall be necessary, such partition wall shall be made and maintained by the owners, respectively, of the land on each side; and when the same can be equally divided each party shall make and keep in repair one-half part thereof. (Id., sec. 700.)

§ 47. If any dispute shall arise concerning the division of such partition wall between the parties, or as to what part or portion of it should be made or repaired by each, respectively, or concerning the sufficiency of any such partition wall, the same shall be determined by the Alderman. (Id., sec. 701.)

§ 48. Where any partition wall cannot conveniently be divided, the same shall be made and kept in repair at the joint and equal expense of the owners of the land on each side. (Id., sec. 702.)

§ 49. The regulation of lots, in conformity with the street, shall be calculated not to exceed a descent of two inches on every ten feet. (Id., sec. 703.)

§ 50. Where any owner or owners shall insist on maintaining his, her or their ground higher than such regulation, the surplus partition wall which may be necessary to support such height shall be made and maintained at the individual expense of such owner or owners. (Id., sec. 704.)

§ 51. Where any such owner or owners shall insist on regulating his, her or their grounds with a descent less than two inches on every ten feet, the surplus partition wall necessary to support the ground on the adjoining lot, regulated in conformity with the preceding section, shall, in like manner, be made and maintained at the individual expense of such owner or owners. (Id., sec. 705.)

§ 52. If any person whose duty it may be to make or repair any partition fence or partition wall, or any part thereof, in pursuance of the provisions of this law, shall neglect so to do for six days after being requested, in writing, by the owner or occupant of the adjoining ground, it shall be lawful for such owner or occupant to make or repair such partition fence or wall, or cause the same to be done, and to recover from such person the expense of making or repairing so much thereof as ought to have been made or repaired by him or her, together with cost of suit, in any court having cognizance thereof. (Id., sec. 706.)

§ 53. All outside and boundary fences and all fences erected on the line of any public road, street, lane or avenue in the Borough of Manhattan shall be at least five feet high, and shall be built of good and substantial materials, and sufficient in all respects to keep out and prevent the encroachments of cattle, sheep, hogs and other animals, and shall be kept in good repair and of the height above mentioned. (Id., sec. 707, with verbal changes.)

§ 54. The owner or owners, lessee or lessees, tenant or tenants, of any lot, piece of ground or premises, upon which any fence not of the height, and that shall not be erected in the manner and maintained at the height mentioned in the preceding section, or who, having erected the same, shall not keep the same in good repair, shall not recover for any damage he, they or she may sustain from cattle, sheep, hog or other animal doing damage upon his, their or her premises; nor shall any cattle, sheep or other animal be placed in pound for doing damage, unless such fence be erected and kept of the height and in the manner mentioned in the last preceding section. (Id., sec. 708.)

§ 55. In case of any dispute between the parties concerning any fence embraced within this article, or the sufficiency thereof, the matter shall be determined by the Aldermen for the time being of the district in which such fence may be situated. (Id., sec. 709.)

CHAPTER 4.

Article I.- Surface Railroads.

§ 56. Each and every passenger railroad car running in the Borough of Manhattan shall pay into the city treasury the sum of fifty dollars annually for a license; a certificate of such payment to be procured from the Mayor, except the one-horse passenger cars, and the cars of the Ninth Avenue Railroad Company, which shall each pay the sum of twentyfive dollars annually for said license as aforesaid, and except such as pay the sum of three per cent or over on the gross receipts, or where the franchise has been sold at public sale to the highest bidder. (Id., sec. 584, with verbal changes.)

As to small one-horse cars, see Mayor, etc., N. Y. C. vs. Twentythird St. R. Co., 62 Hun, 545. Where a license was required for horse cars from a company which was liable to pay license fees by the terms of its charter, held valid. Mayor, etc., of N. Y. vs. Broadway and Seventh Ave. R. R. Co., 97 N. Y. 275, dist'g Mayor vs. Second Ave., 32 N. Y. 261, and Mayor vs. Third Ave., 33 N. Y. 42. As to liability of Eighth Avenue Railroad to pay license fees for cars according to its agreement with the city, see Mayor, etc., of N. Y. vs. Eighth Ave. R. R. Co., 118 N. Y. 389. Coach, as used in the old ordinance, must be reasonably interpreted to include cars now. Mayor, etc., of N. Y. vs. Third Ave. R. R. Co., 117 N. Y. 404, and where the license is required of every coach it must be paid by every car, no matter what may be the mode of propulsion. City of N. Y. vs. Third Ave. R. R., Greenbaum, J., N. Y. Law Journal, Feb. 25, 1904.

§ 57. Each certificate of payment of license shall be affixed to some conspicuous place in the car, that it may be inspected by the proper officer, to be designated and appointed by the Mayor. (Id., sec. 585.)

§ 58. For every passenger car run upon any of the railroads without the proper certificate of license, the proprietor or proprietors thereof shall be subject to a penalty of fifty dollars for each day every such car shall be so run, to be recovered by the Corporation Counsel, as in the case of other penalties, and for the benefit of the city treasury. (Id., sec. 586, with verbal changes.)

§ 59. Every railroad car company whose cars are propelled or driven within the limits of the Borough of Manhattan shall provide each passenger car, baggage car, freight car or other vehicle in use by said company upon their tracks or track of other companies used by them, within the borough limits, with a good light or lantern, which shall be placed in a conspicuous position on the front of the car, to warn persons of its approach, between sunset and sunrise of each day. (Id., sec. 587, with verbal changes.)

§ 60. Every such company which shall refuse or neglect to conform with the provisions of the foregoing section shall be subject to a penalty of $100 for each and every trip, or part of trip, through the borough limits made by a car of such company that is not provided with said light, such penalty to be recovered in the name and for the use of The City of New York. (Id., sec. 588, with verbal changes.)

§ 61. It shall not be lawful for any railroad company to operate any cars upon any portion of its route in the streets or highways of the Borough of Manhattan, without providing for the operation and management of every such car a conductor as well as a driver. (Id., sec. 589, with verbal changes.)

This does not apply to consolidated lines. Brooklyn Crosstown L. Co. vs. City Brooklyn, 37 Hun, 413.

§ 62. For every trip or part of a trip made by any car of any street railway company, in violation of the provisions of the foregoing section of this ordinance, the company so offending shall be subject to a penalty of fifty dollars for each trip or part of a trip which such car shall so make, to be recovered by the Corporation Counsel, as in the case of other penalties. (Id., sec. 590, with verbal changes.)

§ 63. In all cases where, by law, a passenger is entitled to be carried for one fare over the route or routes of any company or companies operating a street surface railroad or railway in the Borough of Manhattan, and such company or companies shall require to transfer such passenger from one car to another, there shall be conspicuously posted and maintained by such company or companies, on the inside of every car employed in traversing such route or routes, a notice that a transfer ticket will be furnished without additional charge to each and every passenger who, having paid