§ 151. Such sums as shall be certified by the said Borough Presidents to have been necessarily expended by him or them for any repaving done pursuant to this ordinance, shall be paid from the special fund hereby created upon the requisition of the said Borough Presidents, as the case may be, after examination, audit and allowance of accounts by the Finance Department, in the same manner that payments are or shall be required by law to be made from the city treasury, provided that the amount so certified and paid shall not exceed the aggregate amount of such special fund. (Id., sec. 743, with verbal changes.)

Article V.- Sewers and Drains.

§ 152. All sewers and drains in any of the streets, avenues or public places in the city shall be under the charge of the President of the Borough in which the same are situated, and said Borough Presidents in their respective territories shall keep the same in good order and condition, and clean and free from obstructions, and shall cause such repairs to be made to them and to the receiving basins, culverts and openings connected therewith, as may from time to time become necessary. Such sewer culverts shall be cleaned at night and not in the daytime. (R. O. 1897, sec. 301, with verbal changes.)

§ 153. The said Borough Presidents shall prescribe the mode of piercing or opening any of the sewers or drains in their respective territories, and the form, size and material of which connections therewith shall be composed, and shall have authority to grant permission to make lateral connections with said sewers. (Id., sec. 302, with verbal changes.)

§ 154. The said Borough Presidents may grant permission to persons to construct at their own expense sewers or drains, or to lay pipes to connect with any sewers or drains built in any of the streets or avenues in the city under their respective supervision, on being furnished with the written consent of the owners of a majority of the property upon the street through which such sewer, drain or pipe is to pass; but such permission shall not be granted except upon the agreement, in writing, of the persons applying therefor, that they shall comply with the ordinances in relation to excavating the streets, that they will indemnify the corporation for any damages or costs to which they may be put by reason of injuries resulting from neglect or carelessness in performing the work so permitted; and that no claim will be made by them or their successors in interest against the corporation, if the work so permitted be taken up by the authority of the Board of Aldermen, or for exemption from an assessment lawfully imposed for constructing sewers or drains in the vicinity of their property; and upon the further condition that the Board of Aldermen may at any time revoke and annul such

permission, and direct such sewers, drains or pipes to be taken up or removed. (Id., sec. 303, with verbal changes.)

§ 155. Each of the said Borough Presidents shall keep a record of all permits granted for connection with sewers or drains, in which he shall enter the names of all persons from whom he may receive money for such permits, with the amount received from each person and the time when it was received. He shall render an account thereof, under oath, item by item, to the Comptroller, on Thursday of each week and shall thereupon pay over the amount so received to the Chamberlain. He shall also thereupon receive from the Chamberlain a voucher for the payment thereof, which he shall forthwith on the same day exhibit to the Comptroller, and shall at the same time leave with him a copy thereof. (Id., sec. 304, with verbal changes.)

§ 156. No connection shall be made with any sewer or drain without the written permission of the Borough President having jurisdiction as aforesaid; and any connection or opening made into any sewer or drain without such permission, or in a manner different from the mode prescribed for such opening by said Borough President, shall subject the person making the same and the owner of the premises directing it, respectively, to a penalty of $50. (Id., sec. 305, with verbal changes.)

§ 157. All openings into any sewers or drains, for the purpose of making connection therewith, from any house, cellar, vault, yard or other premises, shall be made by persons to be licensed by the several Borough Presidents, in writing, to perform such work; and the said persons, before being so licensed, shall execute a bond to the city in the sum of $1,000, with one or more sureties to be approved by the Borough President issuing such license, conditioned that they will carefully make the openings into any sewers or drains in the manner prescribed by the Borough President having jurisdiction to permit such openings to be made, without injuring them, leave no obstructions of any description whatever in them, and properly close up the sewer or drain around the connection made by them and make no opening into the arch of any sewer or drain; that they will faithfully comply with the ordinances relating to opening and excavating streets; be responsible for any damages or injuries that may accrue to persons, animals or property, by reason of any opening in any street, lane or avenue made by him or those in his employment; and that they will properly refill and ram the earth, and suitably restore the pavement taken up for excavating, and repave the same, should it settle or become out of order within six months thereafter; and in case any person so licensed shall neglect to repair the pavement aforesaid within twenty-four hours after being notified, the Borough President in whose territory the same is located may cause the

same to be done and charge the expense thereof to the person so neglecting. (Id., sec. 306, with verbal changes.) § 158. Ten dollars shall be paid to the Borough President granting the permit for permission to connect each house, store or building with any sewer or drain. Each hotel, boarding house or public building covering more ground than 25 feet by 50 feet shall pay proportionally for such additional space of ground covered by each respectively. Manufactories, breweries, distilleries and the like, for permission to connect with sewers or drains, for the purpose of carrying off water or fluids that will not deposit sediment or obstruction, shall pay such sums as shall be fixed and determined by said Borough President. And any manufacturer, brewer, distiller, or the like, permitting any substance to flow into any sewer, drain or receiving basin, which shall form a deposit that tends to fill said sewer, drain or basin, shall be subject to a penalty of $50 for each offense. (Id., sec. 307, with verbal changes.)

§ 159. All connections with sewers or drains, used for the purpose of carrying off animal refuse from water closets, or otherwise, and slops of kitchens, shall have fixtures for a sufficiency of Croton water, to be so applied as to properly carry off such matters, under the penalty of $5 for each day the same are permitted to remain without such fixtures for supplying said water. (Id., sec. 308.)

§ 160. No butcher's offal or garbage, dead animals or obstructions of any kind whatsoever, shall be placed, thrown or deposited in any receiving basin or sewer; and any person so offending or causing any such obstruction or substance to be placed so as to be carried into such basin or sewer shall be subject to a penalty of $10 for each offense; and any person injuring, breaking or removing any portion of any receiving basin, covering, flag, manhole, vent, or any part of any sewer or drain, or obstructing the mouth of any sewer or drain, shall be subject to a penalty of $20 for each offense; nor shall any quantity of marble or other stone, iron, lead, timber or any other substance exceeding one ton in weight be placed or deposited upon any wharf or bulkhead through which any sewer or drain may run; nor upon or over any sewer or drain where the same shall be within 3 feet of the surface of the street, under the penalty of $50 for each offense, to be recovered of the person or persons causing or permitting the same. (Id., sec. 309.)

§ 161. It shall be the duty of the policemen to be vigilant in the enforcement of the provisions of this chapter, and report any violations thereof to the Corporation Counsel. The captains of the several police precincts shall, on observing or being informed of the opening of or excavating in any street or avenue, require the person making such opening or excavation to exhibit to him the authority or permission for such opening; and if none have been given by the proper officer, or if the exhibition thereof be refused, said captain

of police shall, without delay, make complaint to the Corporation Counsel and report the same to the President of the Borough in which such violation occurs. (Id., sec. 310, with verbal changes.)

§ 162. It shall be the duty of every person having charge of the sweeping and cleaning of the streets in the several wards to see that the gutters are properly scraped out before the water is suffered to flow from any hydrant for the purpose of washing the same, in order that no substance or obstruction be carried into any of the receiving basins; every person violating this section to be subject to a penalty of $5 for each offense. (Id., sec. 311.)

§ 163. Whenever any sewer, culvert, water mains or pipes are to be constructed, altered or repaired in any street in The City of New York in which the gas pipes of gaslight companies are laid, or whenever any such street shall be regulated or graded, it shall be the duty of the contractor or contractors thereof to give notice, in writing, of the same to the said companies, or to the one whose pipes are laid in the street about being disturbed by the construction, alteration or repairing of such sewer, culvert, water mains or pipes, or by the regulating or grading thereof, at least twenty-four hours before breaking ground therefor. (Id., sec. 312.)

§ 164. It shall be the duty of the said gas companies, or the one whose pipes are about to be disturbed by the construction, alteration or repairing of any sewer, culvert, water main or pipe, or the regulating or grading of any street, on the receipt of the notice provided for in the preceding section, to remove or otherwise protect and replace the main and service pipes, lamp-posts and lamps, where necessary, under the direction of the Borough President. The company notified in accordance with the preceding section shall comply with such notice by causing the pipes, lamp-posts and lamps to be protected and replaced, where necessary, during the progress of the work. (Id., sec. 313, with verbal changes.) § 165. The preceding provisions shall be made part of every contract hereafter made for constructing, altering or repairing any sewer or culvert, water mains or pipes in any street of this city in which the pipes of gaslight companies shall be laid at the time of making such contract, or for the regulating or grading of any such street. (Id., sec. 314.)

§ 166. It shall be the duty of the person or persons by whom or for whose benefit any excavation is to be made for constructing, altering or repairing a vault, waste pipe or drain in any street of this city, to give notice, in writing, thereof to the company whose pipes are laid in the street about to be disturbed by the construction, alteration or repairing of such vault, waste pipe or drain, at least twentyfour hours before commencing the same; and such person or persons shall, at his or their expense, sustain, secure and protect said pipes from injury, and replace and pack the

earth wherever the same shall have been removed, loosened or disturbed, under or around them, so that such pipes shall be well and substantially supported; and if such person or persons shall fail to sustain, secure and protect said pipes from injury, or to replace and pack the earth under or around them, as by the provisions of this section required, then the same may be done by the company to whom the same may belong, and the cost thereof, and all damages sustained by either of said companies thereby, shall be paid by said person or persons to said company; and the said company may, in default thereof, maintain an action against him or them therefor. (Id., sec. 315.)

§ 167. The provisions of the last preceding section shall be made part and a condition of every permit that shall hereafter be granted to any person or persons for making any excavation for the construction, alteration or repairing any vault, waste pipe or drain in any street in which the pipes of either of the said companies shall be laid at the time of granting said permits; provided said company or either of them provide such permits or pay a just proportion therefor. (Id., sec. 316.)

§ 168. No connection with or opening into any sewer or drain shall be used for the conveyance or discharge into said sewer or drain of steam or hot water above one hundred degrees Fahrenheit from any boiler or engine, or from any manufactory or building in which steam is either used or generated, or to discharge or permit to escape into any sewer or drain, or into any public street, steam from any stop cock, valve or other opening in any steam pipe or main, under the penalty of $50 for each and every day during any part of which such connection or opening may have been used for that purpose; and the Borough President having jurisdiction of said street or sewer is hereby authorized and directed, upon the expiration of five days after notice to discontinue the discharge of steam or hot water from any connection to cancel the permit, and to close up and remove the same if such discharge of steam or hot water from such connection shall not have been discontinued. This penalty shall be imposed upon and recovered from the owner and occupants severally and respectively of such manufactory or building, or from any corporation having mains for the conveyance of steam or hot water in the streets, avenues or public places. (Id., sec. 317, with verbal changes.)

Article VI.- Vaults, Cisterns and Areas.

§ 169. The presidents of the respective boroughs, on application for that purpose, are empowered to give permission to construct any vaults or cisterns in the streets within their respective territories, provided, in the opinion of the Borough President granting such permit, no injury will come to the public thereby. (R. O. 1897, sec. 318, with verbal changes.)

Where a vault or cellar has existed for thirty years there is a presumption that it is with the consent of the municipal authori