ten days after he has received the application for license or transfer, such failure shall be deemed to be a refusal within the meaning of this section. (Id., § 9.)

§ 370. The Chief of the Bureau of Licenses shall have the power to hear and determine complaints against any of the licensees hereunder, and impose a fine of two dollars for any violation of the regulations herein provided, and, subject to the approval of the Mayor, shall have power to suspend the license pending payment of such fine. All such fines when collected shall be paid into the Sinking Fund for the Redemption of the City Debt. (Id., sec. 10.)

§ 371. The Chief of the Bureau of Licenses of The City of New York shall furnish to the Police Board of said city a list of unexpired licenses and permits, such list to contain the names of the persons to whom licenses were issued, the place and business for which issued, and the date of expiration of such license or permit, and thereafter, during the first week of each month, the said Police Board shall send to the captains of police of the various precincts of The City of New York a list of licenses and permits granted affecting their respective precincts, with the names of persons to whom granted, location of stand or business, and date of expiration of such permit or license, and also a list of all licenses or permits expiring the month for which the report is sent. (Ord. app. Dec. 24, 1901.)

§ 372. Upon a written revocation by the owners in front of or adjoining whose property any such booth (or) stand shall have been erected, of any consent which shall have been given therefor, signed by such owner or owners and filed in the office of the Mayor, it shall be the duty of the Mayor to revoke the license or permit for such booth or stand and the same shall thereupon cease, determine and become null and void. (R. O. 1897, sec. 676, with verbal changes.)

TITLE 3.- GENERAL REGULATIONS AND COMPLAINTS.

§ 373. All license fees received by the Bureau of Licenses shall be regularly paid over to the City Treasury, except the license fees received from hackmen, dealers in junk and second-hand articles, and for stands within stoop-lines, which shall be paid into the Sinking Funds for the Redemption of the City Debt. (Ord. app. May 22, 1899, sec. 56.)

§ 374. The Mayor shall have power to appoint inspectors in the Bureau of Licenses to see that the provisions of this ordinance are fully and properly complied with; and all licensed vehicles and places of business shall be regularly inspected, and the result of such inspection shall be indorsed on the official license therefor, together with the date of inspection and the signature of the inspector, and all inspections shall be regularly reported to the Bureau of Licenses. (Id., sec. 57.)

§ 375. Every licensee shall have the official license and exhibit the same upon the demand of any person; and shall report within three days to the Bureau of Licenses any change of residence or place of business; and shall at all times perform the public duties of the business licensed when called upon so to do, if not actually unable. (Id., sec. 58.)

§ 376. All words, letters and numbers hereinbefore prescribed for licensed vehicles shall be shown permanently and conspicuously on each outside thereof in colors contrasting strongly with background, and not less than two inches high, as directed and approved by the Mayor or Chief of the Bureau of Licenses, and shall be kept legible and plainly visible at all times during the term of the license; and shall be obliterated or erased upon change of ownership or expiration of the license; and no person shall have or use any vehicle with words, letters or numbers thereon like those herein prescribed for licensed vehicles without being duly licensed therefor. (Id., sec. 59.)

§ 377. Every licensed hackman, whenever with a hack or waiting for employment anywhere in The City of New York; every licensed peddler while peddling; every person while using a licensed junk cart or boat, and every licensed ticket speculator while acting as such, shall wear conspicuously on the left breast of the outer coat a metal badge, of a shape, size and style approved by the Mayor or Chief of the Bureau of Licenses, and furnished by said Bureau, having engraved or embossed thereon the official designation and number of the license, together with the words "New York City." (Id., sec. 60.)

§ 378. The Chief of the Bureau of Licenses, or Deputy Chief, shall have power to hear and determine complaints against licensees hereunder and impose a fine of not more than five dollars or less than one dollar for any violation of the regulations herein provided, subject to the approval of the Mayor, who shall have power to suspend the license pending payment of such fine. All such fines, when collected, shall be paid into the Sinking Fund for the Redemption of the City Debt. (Id., sec. 61.)

TITLE 4.- VIOLATIONS.

§ 379. Except as hereinbefore otherwise provided, no person shall violate any of the regulations of this ordinance under a penalty of not less than two dollars or more than ten dollars for each offense. No such violation shall be continued under a penalty of one dollar for each day so continued. Any person engaging in or carrying on any business herein regulated without a license therefor, or any person violating any of the regulations of this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof by any magistrate, either upon confession of the party or competent testimony, may be fined not more

than two dollars ($2) for each offense, and in default of payment of such fine may be committed to prison by such magistrate until the same be paid; but such imprisonment shall not exceed ten days. (Id., sec. 62, as amended April 7, 1900.) It should be noted that this provision provides the penalty for all sections in chapter 7, beginning with section 300, to section 378, inclusive. Two separate remedies are authorized, one a suit in a civil action to recover a penalty, the other a criminal proceeding before a City Magistrate for a misdemeanor, where a fine may be imposed.

CHAPTER 8.- WEIGHTS AND MEASURES.

§ 380. There shall be a Mayor's Bureau of Weights and Measures in The City of New York, in charge of an Inspector of Weights and Measures, to be appointed by the Mayor and removable by him at his pleasure, who shall be paid a salary of $2,500 per annum. The Sealers and Inspectors of Weights and Measures shall hereafter be known as Deputy Inspectors of Weights and Measures, and they and their successors shall each receive a salary of $1,500 per annum and be removable by the Mayor at pleasure. (Ord. app. March 18, 1904, sec. 1.)

The old ordinance covering this general article was approved May 31, 1898. Section 49 of the Greater New York Charter gives the Board of Aldermen power to enact ordinances: "1. In relation to the inspection and sealing of weights and measures by vendors.' Such power held valid. People ex rel. Gould vs. City of Rochester, 45 Hun, 102. But no fees could be demanded for weighing unless specially authorized by legislature. Ford vs. N. Y. Central R. R. Co., 33 App. Div. 474. See People vs. Edelstein, 91 App. Div. 447.

§ 381. The present Sealers and Inspectors of Weights and Measures shall continue to hold office as Deputy Inspectors of Weights and Measures. Any vacancy which shall hereafter occur shall be filled by appointment by the Mayor. (Id., sec. 2.)

§ 382. Said Inspector and each of said Deputy Inspectors cf Weights and Measures shall, before entering upon the duties of his office, execute to The City of New York a bond, with one or more sufficient sureties to be approved by the Mayor, in the penal sum of $2,000, conditioned for the faithful performance of the duties of his office. (Id., sec. 3.)

§ 383. All persons using weights and measures, scale beams, patent balances, steelyards or any other instrument in weighing or measuring any article intended to be purchased or sold in The City of New York, shall cause the same to be sealed and marked by a Deputy Inspector of Weights and Measures of said city. (Id., sec. 4.)

§ 384. Any person who shall, in weighing or measuring any article for purchase or sale within The City of New York, use any weight, measure, scale beam, patent balance, steelyard or other instrument not sealed and marked as herein required, shall forfeit and pay the sum of fifty dollars for each and every offense. (Id., sec. 5.)

§ 385. All weights, measures, scale beams, patent balances, steelyards and other instruments for weighing, to be

sealed and adjusted by a Deputy Inspector of Weights and Measures in The City of New York, shall be made to conform to the standard of the State, and shall be marked by him with the initials of his name and the date on which the same shall be sealed and marked.

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Upon the written request of any resident of The City of New York, the Inspector of Weights and Measures shall test or cause to be tested, within a reasonable time after the receipt of such request, the weights, measures, scale beams, patent balances, steelyards or other instruments used in buying or selling by the person, firm or corporation designated in such request." (Id., sec. 6.)

§ 386. If any person shall use, in The City of New York, in weighing or measuring, as aforesaid, any weight, measure, scale beam, patent balance, steel yard or other instrument, which shall not conform to such standard, or shall use in weighing aforesaid, any scale beam, patent balance, steelyard or other instrument which shall be out of order or incorrect, or which shall not balance, he, she or they shall forfeit and pay for every such offense the sum of twentyfive dollars. (Id., sec. 7.)

In a suit to recover the penalty where only one section was in evidence, held the previous sections of the ordinance must be introduced in evidence to show what was the meaning of the words "aforesaid " and such standard." City of N. Y. vs. Spatz, 85 N. Y. Supp. 353. This ordinance is aimed at the use of a defective weight and not at an intentional alteration. Proof of guilty intent is not required. City of N. Y. vs. Hewitt, 91 App. Div. 445.

§ 387. The Inspector shall keep a register of the name of each person, firm or corporation whose weights, measures, scale beams, patent balances, steelyards or other instruments have been inspected, together with the number and size of same, and what of each was approved and what condemned, with the date of inspection, and such record shall be open to the inspection of the public at all reasonable times. (Id., sec. 8.)

§ 388. No person shall sell or offer for sale in any market or in the public streets or in any other place in The City of New York any fruits, vegetables or berries in crates, baskets or other measures, or any butter in prints, or any ice or coal or other fuel at or for a greater weight or measure than the true measure thereof; and all ice, coal, coke, meats, poultry and provisions (except vegetables sold by the head or bunch) of every kind, sold in the streets or elsewhere in The City of New York, shall be weighed or measured by scales, measures or balances, or in measures duly tested and stamped by the Inspector or Deputy Inspectors of Weights and Measures; provided that poultry may be offered for sale and sold in other manner than by weight, but in all cases where the persons intending to purchase shall so desire and request poultry shall be weighed as herebefore provided. (Id., sec. 9.)

§ 389. Any weights or scales found by the Deputy Inspector in use in any market or in the public streets,

which upon being tested are found to be short in weight by one-quarter of a pound or upwards, may be summarily confiscated and destroyed. (Id., sec. 10.)

By the provisions of the Penal Code, sections 582-584, power was given peace officers to seize any false weights and measures and deliver the same to a magistrate who should test the same by comparison with standards comformable to law, and if found to be false, the magistrate could destroy them or turn them over to the District Attorney to be used as justice should require.

§ 390. No person shall sell or supply any coal or coke within the limits of The City of New York, unless there shall be delivered to the person in charge of the wagon or conveyance used in such delivery a certificate duly signed by the person selling such fuel, showing the weight of the fuel proposed to be delivered, the weight of the wagon or conveyance used in such delivery, the total weights of fuel and conveyance and the name of the purchaser. (Id., sec. 11.) This and the next section are taken from the State law on the subject. See L. 1900, ch. 327, art. 10, sec. 150, 151.

That such an act is valid is unquestionable. Where it was required to have coal weighed by city weighers, the requirement was held not to be void as in restraint of trade or unreasonable. Stokes vs. Corporation, 14 Wend. 87.

§ 391. No person in charge of a wagon or conveyance used in delivering coal, coke or other fuel, to whom the certificate mentioned in the previous section has been given, shall neglect or refuse to supply such certificate to the Inspector or Deputy Inspector of Weights and Measures, or to any person designated by either of them, or to the purchaser or intending purchaser of the fuel being delivered; and when the said officer or person so designated, or the intending purchaser, shall demand that the weight shown by such certificate be verified, it shall be the duty of the person delivering such fuel to convey the same forthwith to some public scale in the district, or to any private scale the owner whereof shall consent to such use and permit the verifying of the weight shown, and shall after the delivery of such fuel return forthwith with the wagon or conveyance used to the same scale and verify the weight of said wagon or conveyance. (Id., sec. 12.)

§ 392. It shall be the duty of the Deputy Inspectors of Weights and Measures, and each of them is hereby authorized, to inspect, examine, test and seal, at least once in each year, and as much oftener as the Inspector of Weights and Measures may deem proper, the weights, measures, scale beams, patent balances, steelyards and other instruments used in The City of New York in weighing and measuring as aforesaid. (Id., sec. 13.)

§ 393. No person shall refuse to exhibit any weights, measures, scale beams, patent balances, steelyards or other instruments to any of said Inspectors for the purpose of being so inspected and examined, under the penalty of twenty-five dollars for every such offense. (Id., sec. 14.)

§ 394. No person shall in any way or manner obstruct, hinder or molest any Inspector of Weights and Measures in