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

the performance of his duties as hereby imposed upon him, under a penalty upon every such person of twenty-five dollars for every such offense. (Id., sec. 15.)

§ 395. All weights, scale beams, patent balances, steelyards and other instruments used for weighing shall be inspected and sealed at the stores and places where the same may be used; but in case they or any of them shall be found not to conform to the standard of this State, the owner thereof shall within five days, at his expense, have the same so altered and repaired as to conform it to the said standard of the State, under the penalty of ten dollars for such neglect. (Id., sec. 16.)

§ 396. It shall be the duty of each of the said Inspectors to make a record and certificate as hereinafter provided of all the weights, measures, scale beams, patent balances, steelyards and other instruments used for weighing and measuring inspected by him, in which he shall state the names of the owners of the same, and whether they are conforming to the standard of the State. (Id., sec. 17.)

§ 397. It shall be the duty of the Deputy Inspector of Weights and Measures to report promptly to the Inspector of Weights and Measures the names of all persons whose weights, measures and other instruments for weighing and measuring shall be found to be incorrect. (Id., sec. 18.)

§ 398. It shall also be the duty of said Deputy Inspectors to file monthly reports with the Inspector of Weights and Measures, and to make such other and further reports and keep such further records as may be required from time to time by said Inspector. (Id., sec. 19.)

§ 399. It shall be the duty of the Inspector of Weights and Measures to report forthwith to the Corporation Counsel the names and places of business of all persons violating any of the provisions of this chapter, and of all persons making use of any fraudulent or unsealed weights, measures, scales or other instruments for weighing or measuring. (Id., sec. 20.)

§ 400. It shall not be lawful for the said Inspector or Deputy Inspector to vend any weights, measures, scale beams, patent balances, steelyards or other instruments to be used for weighing or measuring, or to offer or expose the same for sale in The City of New York, under the penalty of fifty dollars for every such offense. (Id., sec. 21.)

§ 401. Each Deputy Inspector shall give a certificate to the owner of the weights or measures inspected, and shall keep a record of such certificate given on a corresponding stub. The certificates and corresponding stubs shall be numbered consecutively. The books containing the stubs, after the corresponding certificates have been given out, shall become a public record. The Inspector shall be authorized, when required, to certify extracts from these records. (Id., sec. 22.)

§ 402. All complaints against Deputy Inspectors of Weights and Measures shall be lodged with the Inspector of Weights and Measures, and by him reported, with his recommendation thereon, to the Mayor for his final action. (Id., sec. 23.)

§ 403. The Deputy Inspector shall be assigned for service by the Inspector to such district as he may deem proper. Whenever any Deputy Inspector shall resign or be removed from office, it shall be his duty to deliver at the office of the Inspector of Weights and Measures all the standard weights and measures and other official property in his possession. (Id., sec. 24.)

CHAPTER 9.- CLEANING STREETS AND SIDEWALKS.

§ 404. No person or persons shall throw, cast or lay, or direct, suffer or permit any servant, agent or employee to throw, cast or lay any ashes, offal, vegetables, garbage, dross, cinders, shells, straw, shavings, paper, dirt, filth or rubbish of any kind whatsoever in any street in The City of New York, either upon the roadway or sidewalk thereof, except that in the morning before eight o'clock or before the first sweeping of the roadway by the Department of Street Cleaning, in the Boroughs of Manhattan, Brooklyn and The Bronx, dust from the sidewalk may be swept into the gutter, if there piled, but not otherwise, and at no other time.

The wilful violation of any of the foregoing provisions of this section shall be and is hereby declared to be a misdemeanor, and shall be punished by a fine of not less than one dollar nor more than ten dollars, or by imprisonment for a term of not less than one nor more than five days. (Ord. app. Aug. 6, 1902, sec. 1.)

§ 405. No persons other than an authorized employee or agent of the Department of Street Cleaning, or the Bureau of Street Cleaning in the Boroughs of Queens or Richmond, shall disturb or remove any ashes, garbage or light refuse or rubbish placed by householders, or their tenants, or by occupants or their servants, within the stoop'or area line, or in front of houses or lots, for removal, unless requested by residents of house. (Id., sec. 2.)

§ 406. All persons and corporations engaged in sprinkling the streets, lanes or highways of The City of New York shall be required to contract with the Commissioner of Water Supply, Gas and Electricity for the purchase and sale of the water necessary therefor, and obtain the approval of the President of the Borough to such contract, but in no case shall there be contracted for or used more water than shall be sufficient to thoroughly lay the dust on such streets, lanes and highways.

Every street railroad corporation in the Boroughs of Richmond and Queens shall sprinkle the pavement between its tracks and rails when and as often as directed so to do

by the Superintendent of Highways. Water shall be furnished for this purpose free of charge by The City of New York. (Id., sec. 3.)

§ 407. No one being the owner, driver, manager, or conductor of any cart or other vehicle, or of any receptacle, shall scatter, drop or spill, or permit to be scattered, dropped or spilled, any dirt, sand, gravel, clay, loam, stone or building rubbish, or hay, straw, oats, sawdust, shavings or other light materials of any sort, or manufacturing, trade or household waste, refuse, rubbish of any sort, or ashes or manure, garbage or other organic refuse or other offensive matter therefrom, or permit the same to be blown off therefrom by the wind, in or upon any street, avenue or public place. (Id., sec. 4.)

§ 408. No person shall throw, cast or distribute in or upon any of the streets, avenues or public places, or in front yards or stoops, any hand bills, circulars, cards or other advertising matter whatsoever. (Id., sec. 5.)

§ 409. Every owner, lessee, tenant, occupant, or other person having charge of any building or lot of ground in the city, abutting upon any street, avenue or public place where the sidewalk is paved, shall, within four hours after the snow ceases to fall, or after the deposit of any dirt or other material upon said sidewalk, remove the snow and ice, dirt or other material from the sidewalk and gutter, the time between nine P. M. and seven A. M. not being included in the above period of four hours; provided, however, that such removal shall in all such cases be made before the removal of snow and ice from the roadway by the Commissioner of Street Cleaning, or by the Borough President of Queens or Richmond, or subject to the regulations of said Commissioner of Street Cleaning or of said Borough President of Queens or Richmond, for the removal of snow and ice, dirt and other material, except that in the Boroughs of Queens and Richmond any owner, lessee, tenant or occupant or other person who has charge of any ground abutting upon any paved street, avenue or public place for a linear distance of 500 feet or more, shall be considered to have complied with this ordinance if such person shall have begun to remove the snow and ice from the sidewalk and gutter before the expiration of the said four hours, and shall continue such removal and shall complete it within a reasonable time. (Id., sec. 6, revised by ord. app. March 23, 1903.)

This is the so-called snow and ice" ordinance. Section 690, R. O. 1897, required the removal to be within eight hours. Section 317 of ch. 8, R. O. 1880, only allowed four hours. The ordinance has been frequently amended, May 16, 1882; July 9, 1888, and March 18, 1902. The city is authorized to pass such a law as a police regulation, section 43, Greater New York Charter, and when within the power delegated to it by the legislature such an ordinance has equal force and effect as a statute of the legislature. Village of Carthage vs. Frederick, 122 N. Y. 268. Although a sidewalk be not flagged in its entire width, an owner must clean off the flagged portions. City of N. Y. vs. Brown, 27 Misc. 218.

§ 410. In case the snow and ice on the sidewalk shall be frozen so hard that it cannot be removed without injury to the pavement, the owner, lessee, tenant, occupant or other person having charge of any building or lot of ground as aforesaid, shall, within the time specified in the last preceding section, cause the sidewalk abutting on the said premises to be strewed with ashes, sand, sawdust, or some similar suitable material, and shall, as soon thereafter as the weather shall permit, thoroughly clean said sidewalk. (Id., sec. 7.)

§ 411. Any and all contractors, or any other person or persons, no matter how termed, are hereby forbidden, restrained and are never to be permitted to dump, throw, empty, convey or cause to be conveyed for the purpose of dumping, any snow, ice or water in a vacant lot or tract of land, if such lot or tract of land be within a radius of 300 feet of a dwelling, factory, school, any public building or any place of business. (Ord. app. April 8, 1902.)

§ 412. No person shall throw, place or pile, or assist others in throwing, placing or piling any snow, ice or other impediment or obstruction to the running of the cars of any city railroad company, upon the tracks of such company, or in the space between the rails thereof, or in the space between the tracks, and a line distant three feet outside of such rails, under a penalty of ten dollars for each offense. (Sec. 10 of article 6 of chapter 3, Brooklyn Ordinances.)

§ 413. Every person who shall throw, expose or place, or who shall cause or procure to be thrown, exposed or placed in or upon any street, highway or public place, except upon the curves, crossings or switches of railroad tracks, any salt, saltpetre or other substance for the purpose of dissolving any snow or ice which may have fallen or been deposited thereon, shall be guilty of a misdemeanor. It shall not be lawful for any person to throw or place upon the curves, crossings or switches of railroad tracks any salt, saltpetre or other substance for the purpose of dissolving snow or ice unless permission therefor be first obtained from the respective Borough Presidents. (R. O. 1897, sec. 693.)

§ 414. Whenever any owner, lessee, tenant, occupant or other person having charge of any building or lot of ground abutting upon any street or public place where the sidewalk is paved shall fail to comply with the provision of any ordinance of the city for the removal of snow and ice, dirt, or other material from the sidewalk and gutter in the street, on the side of the street on which such building or lot abuts, the Commissioner of Street Cleaning or the Borough President of Queens or Richmond may cause such removal to be made, meeting such expense from any suitable street cleaning or highway fund and thereafter the expense of such removal as to each particular lot of ground shall be ascertained and certified by the said Commissioner of Street