to vend the same; subject to such rules and regulations concerning fees, the hours of doing business and the general management of said market as may be made by the Comptroller of The City of New York. (Ord. app. July 21, 1902.) § 83. Provision is hereby made for the acquisition and establishment of a public wholesale market in the Eighth Ward of the Borough of Brooklyn, City of New York, upon the lands and lands under water hereinafter described, which are hereby selected for a public wholesale market in said Borough of Brooklyn, and surveys and maps thereof are hereby directed to he made and filed as provided by law. Said lands or lands under water shall be acquired for said purposes by purchase or by condemnation proceedings, as required by law, provided, however, that this matter be submitted to the Board of Estimate and Apportionment, and that no further proceedings be taken until the acquisition of said lands or lands under water is approved and authorized by the Board of Estimate and Apportionment, as required by law.

The lands and lands under water so selected shall be set apart for use as a public wholesale market, provided, however, that said lands or lands under water or any part thereof, whenever they shall no longer be required for the purpose of a market, may be assigned by the Commissioners of the Sinking Fund for use for any other public purpose, or may be sold by said commissioners in the manner provided by law.

For the purpose of paying for the acquisition of said lands or lands under water, whether such lands or lands under water be acquired by purchase or by condemnation proceedings, and for the purpose of paying for the construction of said market, the Comptroller, subject to the approval of the Board of Estimate and Apportionment, in the manner provided by law, is authorized to issue corporate stock of The City of New York. Such corporate stock shall be issued from time to time upon the requisition of the Board of Estimate and Apportionment, to the amount of such requisition or requisitions, and the proceeds thereof shall be paid into the city treasury and shall constitute a fund for the purpose aforesaid.

The lands or lands under water hereinbefore mentioned and referred to are described as follows:

All that certain plot, piece or parcel of land and land under water, situate, lying and being in the Eighth Ward, Borough of Brooklyn, County of Kings, City and State of New York, bounded and described as follows: Beginning at a point on the westerly line or side of Second avenue, 375 feet northerly from the centre line of Thirty-ninth street, as said street and avenue are laid down on the map of the commissioners appointed by the Legislature of the State of New York to lay out streets, avenues and squares in the former City of Brooklyn; running thence westerly on a line

parallel with and distant 375 feet from said centre line of Thirty-ninth street to the pierhead line as established by chapter 491 of the Laws of 1884, and approved by the Secretary of War on March 4, 1890; thence northeasterly along said pierhead line to a point on the westerly prolongation of the southerly line of Thirty-sixth street, as laid down on said map; thence easterly along the westerly prolongation of the southerly line of Thirty-sixth street to the westerly line or side of Second avenue; and thence southerly along the westerly line or side of Second avenue, 376 feet, more or less, to the point or place of beginning. (Ord. app. June 7, 1904.) Article VI-A.

§ 83A. Every cart, wagon or other vehicle in which articles shall be brought to market, or which shall come within the limits of any market, shall be removed therefrom at or before seven o'clock in the morning of each day between the first day of May and the first day of October, and at or before eight o'clock in the morning of each day during the remainder of the year, under the penalty of five dollars for each offense, to be paid by the owner or person having charge thereof. (R. O. 1897, sec. 57.)

§ 83B. Every cart, wagon or other vehicle in which any garden produce or other thing shall be brought to market shall be unloaded immediately on its arrival at the said market and forthwith removed from said market or the limits thereof, under the penalty of ten dollars for every refusal or neglect to remove the same, to be recovered from the owner or owners, or person or persons having charge thereof, severally and respectively. (Id., sec. 58.)

§ 83C. All carts, wagons or other vehicles, and all boxes, baskets or other things, and all market produce or other articles whatsoever which shall not be removed as directed by the Superintendent of Markets shall be removed by him to the corporation yard, and such part thereof as will pay the penalty imposed by this article shall be forthwith sold, and the said penalty, when thus received, shall be paid over by the said superintendent to the Chamberlain of the city. (Id., sec. 59.)

§ 83D. The said superintendent shall also sell so much of the said article or thing as will pay the expense of removal, and the remainder thereof shall continue in the place to which it was removed until the owner thereof shall pay to the said superintendent, for the use of The City of New York, the sum of six cents for every cart or wagon load thereof for every day the same shall have remained in the said place of removal. (Id., sec. 60, with verbal changes.) § 83E. The owner of every cart or other vehicle used for the purpose of bringing meat, garden produce or other thing to any of the public markets to be sold shall cause his or her name to be painted in a plain manner and on a

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conspicuous part of such cart or other vehicle, under the penalty of five dollars for every time the same shall be used or driven in The City of New York without such name, to be recovered from the owner or driver thereof, severally and respectively. (Id., sec. 61.)

§ 83F. The last preceding section shall not be construed to apply to the carts used by licensed cartmen of this city, nor to wagons, carts or other vehicles owned by countrymen and bringing such countrymen's produce to market. (Id., sec. 62.)

CHAPTER 5.- THE BOROUGH PRESIDENTS.

Article I.- Contracts and General Powers.

§ 84. All contracts for work, materials or supplies relating to any of the matters under the cognizance of the respective Borough Presidents shall be made by the said Borough Presidents, and bonds, to be approved by the Comptroller, shall be taken for the faithful performance thereof; all such contracts shall be executed in triplicate by the said Borough Presidents on the part of the corporation, and by the contractor; one original copy so executed shall be kept and filed in the office of the Borough President, one shall be filed in the office of the Comptroller, and the third shall be given to the contractor. (R. O. 1897, sec. 131, with verbal changes.)

§ 85. No payment shall be made on any work or job done by contract, for any extra work thereon not specified in the contract, unless such extra work shall have been done by the written order of the Borough President directing the same, and stating that such work is not included in the contract. And no such expenditure shall in any case be made, the total amount of which on any one work shall exceed $1,000, unless the same shall be authorized by the Board of Aldermen. (Id., sec. 132, with verbal changes.)

§ 86. All moneys payable by the corporation for work done, or supplies furnished by contract or otherwise, under the Borough Presidents, shall be paid by the Comptroller, by warrant drawn in favor of the person or persons to whom payments are due, except as otherwise provided in these ordinances, and except that in the case of a pay-roll for labor performed under the supervision of the Borough Presidents, the Comptroller may draw a warrant for the total amount of such pay-roll, in favor of the Chamberlain, who shall make the payments therein specified. (Id., sec. 133, with verbal changes.)

§ 87. No payments shall be made for any work or supplies within the cognizance of the Borough Presidents, except upon the requisition of the Borough President, upon a voucher duly certified. A receipt shall be taken upon each of such vouchers at the time of payment, which shall be

filed in the office of the Comptroller. (Id., sec. 134, with verbal changes.)

§ 88. The respective Borough Presidents shall, when required by the Board of Aldermen, inquire into and report upon any of the matters within their cognizance, and shall, from time to time, communicate to the Board of Aldermen any information or suggestion which he may deem important in relation thereto. (Id., sec. 135, with verbal changes.) § 89. Each Borough President shall issue proposals and advertise for bids for all contracts exceeding $1,000 connected with his department; and whenever a survey or plans shall be necessary for any work duly authorized, or for the purpose of reporting any necessary information, he shall cause such survey or plans to be made by a competent surveyor, architect or engineer, as the nature of the work may require. (Id., sec. 136, with verbal changes.)

§ 90. He shall control and direct all expenditures to be made by his department, shall countersign and draw his requisition upon the Comptroller for the payment of all bills and accounts therefor which in his judgment are correct, and which may be duly certified by the department under whose supervision the expenditure was incurred; and no requisition shall be drawn by any Borough President for the payment of any bills or accounts until the same shall have been duly certified as aforesaid, except that the bills and accounts for expenditures for the removal of incumbrances or for the other expenditures authorized by ordinance, but not under the immediate supervision of any department, shall be certified by the Borough President. (Id., sec. 137, with verbal changes.)

§ 91. The President of each Borough shall present and report to the Corporation Counsel all encroachments on the streets or avenues in The City of New York which may be brought to his notice, or take such other action thereon as may be prescribed by ordinance in relation thereto. He shall appoint a competent inspector of contract work connected with his department, in all cases where he may deem the public service requires such inspector. In all cases where an assessment shall be levied for any improvements the amount paid for inspection on any contract work connected therewith shall be assessed and collected with the other expenses of such improvement, except where the inspector's wages are legally chargeable to the contractor. (Id., sec. 138, with verbal changes.)

§ 92. In all cases where provision is made by ordinance that the consent of any Borough President may be obtained to authorize any act to be done, he may grant permits therefor, subject to the restriction of the ordinances in relation thereto. (Id., sec. 139, with verbal changes.)

§ 93. He shall cause to be entered in books to be provided for that purpose and kept in his office, open at all convenient times to public inspection, the names of all persons

from whom he may receive money for the corporation, on trust account or otherwise; the amounts received, on what account, and when paid; and shall render a certified 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 thereupon receive from the Chamberlain duplicate vouchers for the payment thereof, one of which he shall, on the same day, file in the office of the Comptroller. (Id., sec. 140.)

§ 94. He may direct the removal of any article or thing whatsoever which may incumber or obstruct a street or avenue in The City of New York, under the penalties prescribed by law. (Id., sec. 141.)

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See sec. 383 of the Greater New York Charter, subdivision 6, where the President of the Borough is given cognizance and control 6. Of the removal of incumbrances," and sec. 50 of the Charter, where the Board of Aldermen is given " power to prevent encroachments upon and obstructions to the streets and to authorize and require their removal by the proper officers." This work for many years has been under the immediate direction of the "Bureau of Incumbrances." This name is kept in use for convenience. The Revised Ordinances of 1880, under chapter 6, use it as the heading for article IV, which includes the various ordinances forbidding encumbering the streets. In the City Ordinances of 1859, where the eight bureaux of the Street Department are explicitly enumerated and defined (sec. 2, art. 1, chap. IV), no mention is made of a "Bureau of Incumbrances," although the department is given cognizance of "the removing incumbrances for streets, roads, places, wharves, piers and slips" (Id., sec. 1). The Bureau was explicitly authorized by the Consolidation Act (chap. 410, L. 1882, sec. 317, subdiv. 8). The powers given him as above are very great. The Charter gives the Street Cleaning Commissioner (sec. 545) power to remove certain movable property found in the streets. The terms of this section (545) and of 547 are so broad as to be somewhat confusing, for they apparently give the Street Cleaning Commissioner power to remove all "incumbrances," although intended, however, to be limited to those relating to cleaning the streets. Where an officer fails to remove incumbrances mandamus lies to compel him. notes, sec. 219.

See

§ 95. Each Borough President shall keep separate accounts with the two appropriations, one for the removal of incumbrances, and the other for the contingencies of his department and the several drafts shall be made upon the Comptroller, charging each appropriation with the respective drafts, and the Comptroller shall draw his warrant in each case in favor of the Borough President for the amounts thereof. (Id., sec. 144, with verbal changes.)

§ 96. All articles removed as provided in this article may be redeemed by the owner upon his paying to the Borough President, for the use of the corporation, the necessary expenses of removal, together with six cents per day for every cart-load thereof during the time it shall remain unclaimed. (Id., sec. 145, with verbal changes.)

§ 97. Each Borough President shall enter in a book, to be provided for that purpose, a list of all articles so removed, with the time of removal and the expenses thereof; and when the same shall be redeemed he shall likewise enter