the same to the outer line of the curbstone; a penalty of five dollars for each day such awning or water shed shall remain without such appurtenances to be imposed. (Id., sec. 189, with verbal changes.)

Awnings in the city streets have been the subject of several adjudications. By section 50 of the Greater New York Charter (L. 1901, chap. 466) the Board of Aldermen is given power to "regulate the use of the streets for * * * awnings, awningposts," etc. While the Charter says there shall be no permanent obstructions" in the streets, this has been held not to apply to awnings where authorized expressly, and the public authorities will be restrained from tearing down an awning built in conformity with the ordinances. Hoey vs. Gilroy, 129 N. Y. 132. Even though an awning may have stood longer than twenty years, if not erected in accordance with the law, the municipal authorities may remove it. Simis vs. Brookfield, 13 Misc. 569. For such an one is a nuisance which the public authorities have no power to permit. Farrell vs. New York, 20 St. Rep. 12; affd. 22 St. Rep. 469. The public sidewalks are held in trust for the use of the public and awnings for private parties cannot be permitted thereon where they unreasonably create a nuisance (1873). Trenor vs. Jackson, 15 Abb. Pr. N. S. 115. An awning, although erected under a permit from the municipal authorities, must not interfere with the adjacent owner in his reasonable enjoyment of his property. Lavery vs. Hanigan, 52 Super. Ct. (20 J. & S.) 463.

§ 253. All awnings erected hereunder, or under and pursuant to this section, shall be erected only with the consent and subject to the supervision of the President of the Borough wherein such awnings are to be erected. (Ord. app. Nov. 10, 1905.)

§ 254. Any person, firm or corporation erecting any awning hereunder shall be liable for all loss or damage that may happen or come by reason of the erection and maintenance of such awning. (Id., sec. 2.)

§ 255. Nothing herein contained shall be construed to prevent the revocation by the Board of Aldermen of the license to erect any awning hereunder. (Id., sec. 3.)

§ 256. Iron posts for awnings erected in any street in this city shall be well and securely braced from the building with wrought-iron rails or rods at least one inch in diameter, in the proportion of one brace for every post. (R. O. 1897, sec. 188.)

§ 257. All posts fixed in any street for the purpose of supporting any awning shall be of iron not exceeding six inches in diameter, and the rail crossing the same shall also be of iron; the said posts shall be placed next to and along the inside of the curbstone, and the cross rail, which is intended to support the awning, shall not be less than eight nor more than ten feet in height above the sidewalk, and the said cross-rail shall be strongly secured to the upright posts. No portion or part of any canvas or cloth, or tin, or other light metal used as an awning, shall hang loosely or project upward or downward from the same over any sidewalk or footpath, under a penalty of ten dollars for each day's offense. (Id., sec. 190.)

§ 258. It shall be the duty of the President of the Borough in which the same is erected to order and direct

any awning post, bracket or awning which may be erected in any street in The City of New York, contrary to the provisions of this ordinance, to be forthwith removed; and any person who shall neglect or refuse to comply with such direction and order shall forfeit and pay for every such offense the sum of ten dollars. (Id., sec. 191.)

§ 259. Any awning, water-shed or curtain attached thereto, heretofore erected or constructed according to the provisions of any ordinance or resolution in force at the time shall not be affected by the provisions of the foregoing ordinances. (Id., sec. 192.)

VI. Signs and Showbills.

§ 260. Signs, showbills and showboards may be placed on the fronts of buildings, with the consent of the owner thereof, and shall be securely fastened, and shall not project more than one foot from the house wall, except that signs may be hung or attached at right angles to any building and extend not to exceed three feet therefrom in the space between the second floor (the ground floor being considered the first floor) and a point eight feet in the clear above the level of the sidewalk in front of such building. Signs may be attached to the sides of stoops, but not to extend above the railing or beyond the stoop-line of any stoop. No sign, showbill or showboard shall be placed, hung or maintained except as in this section prescribed, under penalty of ten dollars for each offense, and a further penalty of ten dollars for each day or part of a day the same shall continue. (Id., sec. 198.)

Signs have always been allowed at a distance of one foot. See Laws and Ordinances 1793, p. 18.

VII. Exposing Goods for Sale.

§ 261. No goods, wares, mechandise, or manufacture of any description, shall be placed or exposed to show or for sale upon any balustrade that now is or hereafter may be erected in this city, under the penalty of ten dollars for each offense. (Id., sec. 196.)

§ 262. No person shall hang or place any goods, wares or merchandise, or suffer, maintain or permit the same to be hung or placed at any greater distance than three feet in front of his or her house, store or other building, and not to a greater height than five feet above the level of the sidewalk, except goods, wares or merchandise in process of loading, unloading, shipment or being received from shipment; but at all times there shall be maintained a free passageway for pedestrians in the centre of the sidewalk. The penalty for a violation of this ordinance shall be five dollars for each day's offense. (Id., sec. 197.)

For a century no goods, wares or merchandise could be hung in the street more than one foot beyond the house line. (Law and

Ordinance 1793, p. 17, and subsequent revisions.) But this was gradually_enlarged by ord. of April 8, 1884; Sept. 9, 1889; March 29, 1894, and Dec. 7, 1896. While goods may be placed on the sidewalk in process of shipment, this must be temporary only and not amount to a virtual appropriation of the sidewalk to a private owner's use. Callanan vs. Gilman, 107 N. Y. 360. Permits cannot be given to display goods and merchandise on the sidewalk. People vs. Willis, 9 App. Div. 214.

VIII. Show-cases, Barber-poles, Illuminated Signs, Ornamental Lamps, Drop-awnings, Storm-doors, Stairways and Hoistways.

§ 263. Show-cases may be placed in areas or on the sidewalk within the stoop-line, in front of any building, by or with the consent of the occupant of the ground floor thereof, but not beyond five feet from the house line or wall of any building where the stoop-line extends, further and provided, also, that no such show-case shall be more than five feet in height, three feet in length, and two feet in width, nor shall be so placed as to interfere with the free access to the adjoining premises, and all such showcases shall be freely movable.

Goods when exhibited shall not be placed more than three feet from the building line, and not to a greater height than five feet above the level of the sidewalk.

Barber-poles not exceeding five feet in height, and other emblematic signs may be placed within the stoop-lines, or fastened to the railing of any stoop, under the same conditions as to dimensions, consent, etc., as hereinabove provided for show-cases.

Ornamental lamps and illuminated signs may be placed on the stoop of any building by the owner of such building, and upon or within the stoop-line by the occupant of the ground floor of any premises.

Drop-awnings, without vertical supports, are permitted within the stoop-lines, but in no case to extend beyond six feet from the house-line, and to be at least six feet in the clear above the sidewalk.

Storm-doors not exceeding ten feet in height, nor more than two feet wider than the doorway or entrance of any building, may be temporarily erected within the stoop-lines, but in no case to extend more than six feet outside the house-line. No structure under the name of "storm-door shall be lawful which shall practically be an extension of the building front or house front within the stoop-line, or an enlargement of the ground floor of any premises.

Stairways may be constructed, but not at a greater distance than four feet from the house-wall of any building. Hoistways may be placed within the stoop-lines, but in no case to extend beyond five feet from the house-line, and shall be guarded by iron railings or rods to prevent accidents to passers-by. (R. O. 1897, sec. 199.)

These were originally authorized by ord. March 30, 1886, sec. 2, as amend. by res. app. June 22, 1895. Show-cases maintained without permission are a nuisance, Wells vs. Brooklyn, 9 App.

Div. 61. They cannot be allowed six feet from the stoop-line. People ex rel. Le Boutillier vs. New York, Daily Reg. April 23, 1884. Their removal by the authorities may be compelled by mandamus. People ex rel. Bentley vs. Mayor, 18 Abb. N. C. 123; People ex rel. O'Reilly vs. Mayor, etc., N. Y., 59 How. Pr. 277. Injunction has also been granted. Hallock vs. Schreyer, 33 Hun, 111; Ely vs. Campbell, 59 How. Pr. 333.

As to storm-doors, see Kiernan vs. Newton, 20 Abb. N. C. 398. In an application for an injunction to restrain the public authorities from tearing down a storm-door, the burden is on plaintiff to show he is there lawfully. Kirkpatrick vs. City of New York, Amend, J., N. Y. Law Journal, Dec. 3, 1903.

§ 264. All privileges which may be exercised under the provisions of the last preceding section shall be without expenses or charge to the city, and are conferred only during the pleasure of the Board of Aldermen, who may at any time alter, amend or repeal said section. The penalty for a violation of any of the provisions of said last preceding section shall be not to exceed ten dollars for each and every day such violation shall continue. (Id., sec. 200.)

IX. Obstructing and Injuring Walks.

§ 265. No person shall lead, drive or ride any horse, or horse and cart, or drag any wheel or hand barrow, or saw any wood, upon any footpath or sidewalk, under the penalty of five dollars for each offense. (R. O. 1897, sec. 208.)

§ 266. No owner or occupant of any store or house shall permit or suffer any cart or other wheel carriage to be driven or otherwise to pass or go over or upon the footpath or sidewalk opposite to such house or store, for the purpose of loading or unloading such cart or other wheel carriage, or for any other purpose whatever, under the penalty of five dollars for each offense. (Id., sec. 210.)

§ 267. If any cartman or other person shall break or otherwise injure any footpath or sidewalk, he or they shall, within twenty-four hours thereafter, cause the same to be well and sufficiently repaired and mended, under the penalty of ten dollars. (Id., sec. 211.)

§ 268. No person shall obstruct the walks laid across the public streets or at the head of the public slips in The City of New York, by placing or stopping his horse, cart, or other carriage upon or across any of the said walks, or by placing or putting any other obstruction or other thing across or on the same, under the penalty of five dollars for each offense. (Id., sec. 212.)

X. Moving Buildings.

§ 269. The Borough President in each borough shall and hereby is authorized to grant permits for moving buildings through and across the public highways, taking in each case a proper bond to secure The City of New York against loss or damage incident to said moving. (Amend. by ord. app. Dec. 3, 1906, infra.)

XI. Protecting Street Pavement.

§ 270. In no case shall building material be placed upon, or mortar, cement or other material mixed upon the pavement of a street paved with asphalt, asphalt block or wood, except a permit be issued by the Borough President having jurisdiction, which permit shall contain a provision that such pavement be protected by first laying planks thereon. Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a minor offense and upon conviction thereof by any magistrate, whether upon confession of the party or competent testimony, shall be punished by a fine not exceeding ten dollars for each offense, and in default of payment of such fine by imprisonment not exceeding ten days.

It shall be the duty of the President of the Borough or Park Commissioner, as the case may be when issuing permits to builders and others to use the streets, to insert in said permits a provision requiring compliance with this ordinance. (Ord. app. Dec. 18, 1905.)

XII. Prohibiting the Throwing of Fruit Skins, Etc., on Walks. § 271. Any person who shall cast, throw or deposit on any sidewalk or crosswalk in any street, avenue or public place within the corporate limits of The City of New York, any part or portion of any fruit or vegetable or other substances, which, when stepped upon by any person, is liable to cause, or does cause, him or her to slip or fall, shall be deemed guilty of a misdemeanor, and, on conviction thereof before any magistrate, shall be punished by a fine of not less than one dollar nor more than five dollars, or in default of the payment of such fine, by imprisonment not less than one day nor more than ten days, at the discretion of the court. (R. O. 1897, sec. 216.)

§ 272. The proprietor of every store, stand or other place where fruit, vegetable or other substances mentioned in section 1 of this ordinance are sold, shall keep suspended therein or posted thereon, in some conspicuous place, constantly, a copy of this ordinance, printed in large type, so that persons purchasing any such fruit, vegetable or other substance may become aware of its provisions; and every such proprietor or agent refusing or neglecting to comply with the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of five dollars for such neglect, or, in default of payment thereof, by imprisonment not to exceed ten days, at the discretion of the court. The Commissioners of Police are hereby required to enforce rigidly the provisions of this ordinance. (Id., sec. 217.)

XIII. Use of Tan-Bark on Streets.

§ 273. The Mayor or any Alderman, the Department of Health, the Commissioner of Police, the Inspector or Police