ply in all respects with the requirement of any permit of the President of the Borough, forbidding the prosecution of such work, requiring the removal from such road, avenue, street, or public place, of any main pipe or other encumbrance or caused to be placed thereon by such company or person, the filling up of any trench dug for the purpose of laying any main or pipes, and the. restoring of the ground, and pavement, if any, of such road, avenue, street or public place, to the like order and condition the same was in immediately prior to the causing the same to be disturbed, and in case of the refusal or neglect to comply with all the requirements of any such last mentioned permit within the time specified after the service of a copy or of a notice thereof by the President of the Borough upon the president or secretary of the company, or upon any person doing such work, the President of the Borough may at any time thereafter, cause all or any part of such work to be done at the expense of said company, or person, who shall be liable to The City of New York for all expenses which it may incur in that behalf, together with such aforesaid penalties to be recovered with costs of suit. (Id., sec. 17, as amend. by ord. app. Nov. 23, 1900.)

§ 11. It shall be obligatory upon such company or person when laying any main, or service or other pipe, or establishing any lamp-post, in any road, avenue, street or public place in that section of The City of New York formerly known as the Village of Port Richmond to perform all such work carefully, workmanlike and substantially disturbing the ground, and the pavement, curb, gutter and flagging, if any, no further than may be actually necessary for the careful performance of any such work; to guard, as far as practicable, against the future settling of the ground, pavement, curb, gutter or flagging above any such main, service or other pipe, or around such lamp-post, or resulting from the digging of the trench thereof, by filling in around and above such main or service pipe, and around such lamp-post, the earth dug from any such trench, compactly and firmly; to repair all damage which may be caused to any such road, avenue, street, or public place, or to any pavement, curb, gutter, or flagging by the laying of such main or service pipe, or the establishing such lamp-post, and to restore the same respectively to as good order and condition as the same were in immediately prior to their commencing any such work; to cause all such work to be performed with all reasonable despatch and in such manner as not unnecessarily to incommode the neighborhood or the public, and promptly conform to all such directions as the Borough President may from time to time give in that behalf; under the penalty of ten dollars for every omission, neglect, refusal or delay; and in case of any such omission, neglect, refusal or delay, it shall be lawful for the Borough

to

President to cause any such work to be done at the expense of said company, which shall be liable to The City of New York for all expenses which it may thereby incur, as well as such aforesaid penalties specified in this section to be recovered with costs of suit. (Id., sec. 18, as amend. by ord. app. Nov. 23, 1906.)

§ 12. If any person or persons shall wilfully and maliciously injure, damage or disturb any main, service or other pipe heretofore or which may hereafter be laid by any gas company or persons in that portion of The City of New York formerly known as the Village of Port Richmond for the purpose of supplying the same, or the inhabitants thereof, or any part or portion thereof with gas, water or drainage, such person or persons shall severally forfeit and pay to The City of New York the sum of thirty dollars for every such offense, to be reocvered with costs of suit and the imposing, recovery or payment of such penalty or penalties shall not in any wise impair or interfere with any claim of such company or person against any person or persons guilty of any such act, for any damage which said company or person may sustain therefrom. (Id., sec. 19, as amend. by ord. app. Nov. 23, 1906.)

§ 13. No person or persons shall affix any such thing to any private buildings and fences or blank walls within that section of The City of New York formerly known as the Village of Port Richmond, unless with the permission of the owner of such private buildings and fences, under the penalty of two dollars for each and every offense. (Id., sec. 21, as amend. by ord. app. Nov. 23, 1906.)

PART XII.

Ordinances Relating to that Section of the City of New York Formerly Known as the Village of New Brighton.

CHAPTER 1.- STREETS AND HIGHWAYS.

Article I.- Encumbrances, Excavations and Laying of Pipes. Section 1. No person shall place or cause to be placed any stone, timber, lumber, plank, boards or other materials for building, in or upon any street, lane or public square, without a written permission for that purpose, first. obtained from the President of the Borough, under penalty of five dollars for each offense, and the further penalty of five dollars for each and every forty-eight hours during which the articles or materials aforesaid shall be or remain in any such street, alley or public square. (Ord. Village of New Brighton, adopted June 18, 1875, art. IV, sec. 1, with verbal changes throughout sections in this Part.)

§ 2. The President of the Borough is authorized to grant any person permission to place any building

materials in any of the streets, alleys and public squares of that section of The City of New York formerly known as the Village of New Brighton; such permission, however, shall not be for a longer period than one month, nor authorize the obstruction of any part of the sidewalk, nor more than one-third of the carriageway of the street opposite the lot or place where the building is proposed to be erected. For every permit so granted the applicant shall pay such fee as the Borough President shall require. (Id., sec. 2.)

§ 3. Every person to whom permission is granted as aforesaid shall cause all the timber, building materials and rubbish to be removed after a notice in writing to do so shall be served upon them by the President of the Borough, and for neglect or refusal so to remove, shall be liable to a penalty of ten dollars for every twenty-four hours such encroachment shall continue after the expiration of said notice. (Id., sec. 3.)

§ 4. No person shall, without the permission of the President of the Borough, dig, remove or carry away or cause the same to be done, any stone, earth, sand or gravel from any public street, highway, lane or public square in that section of The City of New York formerly known as the Village of New Brighton, under the penalty of not less than five dollars or more than fifty dollars for each offense, in the discretion of the magistrate convicting. And it shall be unlawful for any person to drop or deposit any stone, gravel, sand or other material on any of the streets of that section of The City of New York formerly known as the Village of New Brighton, under a like penalty. (Id., sec. 7.)

§ 5. No person shall place or cause to be placed, or it shall not be lawful for the owner or occupant of any estate within that section of The City of New York formerly known as the Village of New Brighton, or for any other purpose to erect, place or continue or cause to be erected, placed or continued upon any sidewalk, road, avenue or street adjoining such estate any encumbrance, encroachment or obstruction which shall in any manner impede, obstruct or prevent the full, clear and free passage of such sidewalk, road, avenue or street, but the said owner, the agent or occupant of such estate shall forthwith remove any such encumbrance, encroachment or obstruction on being notified so to do by the President of the Borough, and shall be liable to a penalty of five dollars for each and every day that such encumbrance, encroachment or obstruction shall remain after notice as aforesaid. In case any such encumbrance, encroachment or obstruction shall not have been removed within a reasonable time after notice as aforesaid, it shall be the duty of the Borough President to cause the same to be removed at the expense of the owner or occupant of the estate in question. Any

person who shall, after notice and removal as aforesaid, replace or renew, or cause to be replaced or renewed, any such or similar encumbrance, encroachment or obstruction upon any sidewalk, road, avenue or street within the limits of that section of The City of New York formerly known as the Village of New Brighton shall be liable to a fine of five dollars for each and every such offense. No rail or post placed on the outer edge of the sidewalk and not interfering with or impeding the free passage of the whole width of such sidewalk or any crosswalk, shall be held to be an obstruction. (Id., sec. 8.)

§ 6. Any person who shall injure, take up or displace any pavement, side or cross walk, drain or sewer, or any part thereof, or who shall dig any hole or ditch, or drain in any street, pavements or sidewalks, without authority from the President of the Borough, or who shall hinder or obstruct the making or repairing of any pavement, side or cross walk, which is or may be making under the authority of the Borough President, or who shall hinder or obstruct any person employed by The City of New York in making or repairing any public improvement or work ordered by The City of New York, shall, for every offense, forfeit and pay a fine of not less than five dollars nor more than fifty dollars, in the discretion of the magistrate convicting. (Id., sec. 10.)

§ 7. It shall not be lawful for any gas company, or for any person to lay any gas main or other pipe, in any road, avenue, street or public place in that section of The City of New York formerly known as the Village of New Brighton, or to break up or disturb the ground for such or any purpose, unless previously authorized by the President of the Borough or otherwise than in conformity with the conditions prescribed, and subject to any restrictions expressed or imposed in and by any such resolution, under the penalty of thirty dollars for each offense, and the further penalty of ten dollars for each and every day any company or person shall neglect or omit to comply in all respects with the requirements of any order of the Borough President forbidding the prosecution of such work requiring the removal from such road, avenue, street or public place, of any main, pipe or other encumbrance placed or caused to be placed thereon by such company or person, the filling up of any trench dug for the purpose of laying any main or pipes, and the restoring of the ground and pavement of any such road, avenue, street or public place to the like order and condition the same was in immediately prior to the causing the same to be disturbed, and in case of the refusal or neglect to comply with all the requirements of any such last mentioned resolution, within the time specified after the service of a copy or of a notice upon the president or secretary of the company, or upon any person doing such work, the President of the Borough may, at any time

thereafter, cause all or any part of such work to be done at the expense of said company or persons, who shall be liable therefor to The City of New York for all expenses which they, the trustees, may incur in said company's behalf, together with such aforesaid penalties, to be recovered with costs of suit. (Id., sec. 18.)

§ 8. It shall be obligatory upon such company or person when laying any main or service, or other pipe, or establishing any lamp-post in any road, avenue, street or public place in that section of The City of New York formerly known as the Village of New Brighton, to perform all such work carefully, workmanlike and substantially disturbing the ground and the pavement, curb, gutter and flagging, if any, no further than may be actually necessary for the careful performance of any such work; to guard, as far as practicable, against the future settling of the ground, pavement, curb, gutter or flagging above any such main, service or other pipe, or around such lamp-post, or resulting from the digging of the trench thereof, by filling in, around and above such main or service pipe, and around such lamppost, the earth dug from any such trench, compactly and firmly, to repair all damage which may be caused to any such road, avenue, street or public place, or to any pavement, curb, gutter or flagging, by the laying of such main or service pipe or the establishing such lamp-post, and to restore the same respectively to as good order and condition as the same were in immediately prior to their commencing any such work; to cause all such work to be performed with all reasonable despatch, and in such manner as not unnecessarily to incommode the neighborhood or the public, and to promptly conform to all such directions as the President of the Borough may from time to time give in their behalf, under the penalty of ten dollars for every omission, neglect, refusal or delay; and in a case of any such omission, neglect, refusal or delay, it shall be lawful for the President of the Borough to cause any such work to be done at the expense of said company or persons liable therefor to The City of New York for all expenses which they may thereby incur, as well as such aforesaid penalties specified in this section, to be recovered with costs of suit against such company. (Id., sec. 19.)

§ 9. If any person or persons shall wilfully and maliciously injure, damage, or disturb any main, service or other pipe, heretofore or which may hereafter be laid by any gas company or persons in that section of The City of New York formerly known as the Village of New Brighton, for the purpose of supplying the same, or the inhabitants thereof, or any part or portion thereof with gas, water or drainage, such person or persons shall severally forfeit and pay to The City of New York the sum of thirty dollars for every such offense, to be recovered with costs of suit, and the imposing, recovery or payment of such