joint equal expense of the owners of the land on each side. (Id., sec. 3.)

§ 33. 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 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. 4.)

§ 34. 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 party respectively, or concerning the sufficiency of any such partition wall, the same shall be determined by the Alderman as aforesaid. (Id., sec. 5.)

§ 35. Where any partition wall 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. 6.)

§ 36. The regulation of lots, in conformity with the street, shall be calculated not to exceed a descent of two inches to every ten feet. (Id., sec. 7.)

§ 37. 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. 8.)

§ 38. Where any such owner or owners shall insist on regulating his, her or their ground with descent less than two inches on every ten feet, the surplus partition wall necessary to support the ground in the adjoining lot, regulated in conformity with the foregoing sections, shall, in like manner, be made and maintained at the individual expense of such owner or owners. (Id., sec. 9.)

§ 39. If any person whose duty it may be to make or repair any partition wall, or any part thereof, in pursuance of the provision of this ordinance, shall neglect to do so 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 costs of suit, in any court having cognizance thereof. (Id., sec. 10.)

§ 40. All outside and boundary fences, and all fences erected on the line of any public road, street, lane or avenue in the Borough of Brooklyn, shall be at least five feet high, and shall be built of good and substantial materials, and sufficiently in all respects to keep out and prevent the en

croachment of cattle, sheep, hogs and other animals, and shall be kept in good repair, and of the height above mentioned. Nothing herein contained shall apply to court yards or iron railings. (Id., sec. 11, with verbal changes.)

§ 41. 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 so erected the same shall not keep the same in good repair, shall not recover for any damage he, they or she may sustain from any cattle, sheep, hog or other animal doing damage upon his, their or her premises, unless such animals shall have been unlawfully at large; nor shall any cattle, sheep, hogs or other animals be placed in pound for doing damage, unless such fence be erected and kept of the height, and in the manner mentioned in the eleventh section, unless such animals shall have been unlawfully at large. (Id., sec. 12.)

§ 42. In case any dispute between the parties concerning any fence embraced within this chapter, or the sufficiency thereof, the matter shall be determined by an Alderman of the borough residing in the ward in which such fence is situated, or by an Alderman residing in an adjoining ward, in case there should not be a resident Alderman within the boundaries of the ward in which such dispute arises. (Id., sec. 13, with verbal changes.)

§ 43. Any owner of a vacant lot or lots in the borough who shall refuse or neglect to fence the same, after having received ten days' notice of the adoption by the Board of Aldermen of an ordinance directing him to fence the same, in pursuance of an order of the Department of Health, declaring the same necessary to abate a nuisance, shall incur a penalty of five dollars ($5), and of five dollars ($5) for every ten days thereafter that such lot or lots continue unfenced. (Id., sec. 14.)

CHAPTER 4.- STREET MUSICIANS.

§ 44. No person shall engage in the business of a street musician playing for hire or voluntary contributions from door to door, or otherwise, without having first obtained a license therefor. Licenses shall be granted for such purpose by the Mayor upon the terms and conditions hereinafter provided. The provisions of this ordinance shall apply only to itinerant musicians and shall not be construed so as to affect any band of music or organized musical or religious societies engaged in any military or civic parade, or to any musical performance conducted under a license from municipal authority. (Ord. app. Jan. 4, 1897, sec. 1.)

§ 45. Licenses to carry on the occupation of street musician shall be granted by the Mayor to such persons who apply therefor, provided that the person or persons applying shall have been residents of the Borough of Brooklyn for

at least one year prior to such application, and shall pay for such license the sum of ten dollars, said license to be renewed from year to year upon the annual payment of said license fee. The term of residence required by this ordinance shall be proved by affidavit of the person applying for such license and of two other persons residents of said borough, which affidavits shall state the different places of residence in said borough occupied by said applicant during the year preceding such application. (Id., sec. 2, with verbal changes.)

8 46. No person shall use or perform with any musical instrument, including a hand organ, in any of the streets or public places of the Borough of Brooklyn before the hour of nine a. m., or after the hour of nine 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 schoolhouse or house of public worship during school hours or hours of public worship, respectively, nor within like distance of any hospital, asylum or other institution, nor within a distance of 250 feet of any dwelling house or other building where directed or requested by any occupant thereof not to so perform. (Id., sec. 3, with verbal changes.)

847. Any person violating any of the provisions of this ordinance shall be liable for a penalty of ten dollars for each and every offense. (Id., sec. 4.)

CHAPTER 5.- RAILROADS.

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§ 48. Rate of Speed.- No street surface railroad operated by electricity in any of the streets, avenues public places of the Borough of Brooklyn, shall be run at a rate of speed to exceed six miles an hour within a radius of one and one-half miles from the Borough Hall, or within a radius of two miles from the Broadway ferries, nor in any other part of the first twenty-eight wards of said borough at a rate of speed to exceed eight miles an hour. (Bk. Ord. adopted March 25, 1895, sec. 1, with verbal changes.)

§ 49. Stoppage of Cars.- Outside of the limits of Fulton street, Mrytle avenue, Broadway and Grand street, defined in the first section of this ordinance, no such street surface railroad car shall stop inside of any block which does not exceed 300 feet in length. In the case of blocks exceeding in length 300 feet there shall be a stopping place located in the middle thereof and indicated by a sign bearing the words "Trolley Station." All such cars must be brought to a full stop before crossing the following-named streets and avenues, viz.: Bedford avenue, Eastern parkway, Hancock street, St. Mark's avenue, Schermerhorn street, State street, Dean street, Nevins street, Lincoln place, Berkeley place, First street, Third street, Clinton avenue, Bushwick avenue, Greene avenue, Lafayette avenue, Stuyvesant avenue, Union street, Second street, Sixtieth street, Ninety-second street,

Sixth avenue, Eighteenth avenue, Throop avenue, Jefferson avenue, Heyward street, Grand street, Leonard street, Fifth street, Eighth street, Fourteenth street, Thirteenth avenue, Henry street, Berry street, Metropolitan avenue, and at junction of Fulton, Clinton and Liberty streets, Bridge street, Albany avenue, New York avenue, Grand avenue, Lewis avenue and Thirteenth street, and between the hours of eight A. M. and nine A. M., twelve M. to one P. M., three P. M. to four P. M., they shall be brought to a full stop before crossing any street on which a school is located on the adjoining block, but such stoppages shall not be for the purpose of receiving or discharging passengers. Passengers shall be received and discharged only from the rear platform and at the far crossing. (Id., sec, 2, as amend. Dec. 13, 1897.)

$50. No person except motormen, conductors or police officers in uniform shall be allowed on the front platform of any such cars when in operation, except that such front platforms shall be used for the ingress and egress of passengers at stoppages. The rear platforms of cars shall also be used for the ingress and egress of passengers. (Id., sec. 3, as amend. April 22, 1895.)

§ 51. Platform Gate.-The rear platform gate on the track side of every such car shall be always kept closed. (Id., sec. 4.)

§ 52. Accidents.-That any individual company or corporation running cars upon the streets of Brooklyn shall, on or before twelve o'clock noon of each day report to the Commissioner of Police, in writing, all casualties or accidents and the nature thereof, occurring upon the road under its management whereby any person has suffered or sustained injury during the day of twenty-four hours preceding the day of report. (Id., sec. 6.)

§ 53. Penalty.- Any corporation whose officers, agents or servants shall wilfully or negligently violate any of the provisions of this ordinance shall be liable for a penalty in the sum of twenty-five dollars for each and every offense. (Id., sec. 7.)

§ 54. Each and every railroad company or companies operating cars upon any of the streets, avenues or public places in the Borough of Brooklyn, whose motive power is electricity, shall place or cause to be placed upon the motor of said car or cars a check or governor, whereby it will be impossible to exceed a speed of ten miles an hour on grade. (Bk. Ord. adopted April 1, 1895, sec. 1, with verbal changes.) § 55. There shall be placed in each and every car operated in or upon any of the streets, avenues or public places in the Borough of Brooklyn, whose motive power is electricity, an indicator, in full view of any passenger or passengers that may be upon said car, indicating the rate of speed that said car or cars are traveling. (Id., sec. 2, with verbal changes, amend, by ord. app. Nov. 23, 1906.)

§ 56. Each and every railroad company operating cars by electricity on any of the streets, avenues or public places in the Borough of Brooklyn, shall equip each and every car so operated with a safety fender or safeguard attached to the front platform of said car or cars, which shall extend from the platform of said car or cars to within not more than three inches from the tracks, and to be made and modeled in such a manner that it will be impossible for any person or persons to pass under the fender or the platform of said car or cars and come in contact with the wheels of said car. The said front platform of said car to be construed as the platform occupied by the motorman, no matter in what direction the said car may be going. (Id., sec. 3, with verbal changes. Amend. by ord. app. Nov. 23, 1906.)

§ 57. No railroad company operating cars by electricity upon any of the streets, avenues or public places of the Borough of Brooklyn, for the purpose of carrying passengers, shall carry more passengers than fifty per cent. more than its seating capacity. (Id., sec. 4, with verbal changes.) § 58. Penalty.- Any corporation whose officers, agents or servants shall wilfully or negligently violate any of the provisions of this ordinance shall be liable for a penalty in the sum of twenty-five dollars for each and every offense. (Id., sec. 5.)

Surface Railroad.

§ 59. The amount to be paid by the railroad companies in the Borough of Brooklyn to The City of New York for running their cars shall be calculated on the average number of cars running annually on each route respectively, excluding the extra cars run on holidays. (Bk. Ord. 1886, ch. 2, art. V, sec. 3, with verbal changes.)

§ 60. It shall not be lawful for any person or persons to smoke inside or upon the platforms of any car or other public conveyance in the Borough of Brooklyn. (Id., sec. 5, with verbal changes.)

§ 61. Contractors, drivers or other employees are prohibited from eating their meals in or upon any car, or other public conveyance, while making a trip. (Id., sec. 6.)

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§ 62. No car shall be used by any of the railroad companies upon their respective routes which may have broken window or door, or insufficient fastening, or be otherwise damaged, longer than during the day such break, insufficient fastening or damage may occur, nor shall any bell, rope or indicator rope on each car be so arranged as to hang over either platform thereof from the roof thereof. penalty for violating the provisions of this section shall be ten dollars for each car for each and every day said car is operated in violation thereof. (Id., sec. 7, as amend. Dec. 23, 1895.)

The

8 63. All railroad cars shall be distinctly numbered, both inside and outside, and the cars of different routes running in part on the same track shall be distinguished by a dif