York vs. Hexamer, 59 App. Div. 4. A hackman has no power to carry on his business in the public streets where it is forbidden. People vs. Commissioner of Saratoga Springs, 90 App. Div. 555.

§ 318. No hackney coach, carriage or cab, which shall be specially licensed by virtue of the provisions of this ordinance shall make use or come upon any stand that is now or may be hereafter designated as a hackney coach stand, or at any other place in The City of New York, except in front of or adjacent to any hotel or hotels, or at any other place which may be designated by the Mayor, and which may be used as a stand, with the approval and consent of the persons occupying the premises in front of which said coaches, carriages or cabs are to be permitted and allowed by the authority of the Mayor, as aforesaid, provided that the owner or driver of any such coach, carriage or cab shall not solicit nor take any passenger or passengers on the streets, but shall confine themselves solely to and for the use of the guests of said hotel or hotels. (Id., sec. 3, with verbal changes.)

This was sustained as to the Hotel Imperial in City of New York vs. Reesing, 38 Misc. 129, affd. in 77 App. Div. 417.

§ 319. The legal rates of fare, of which an official copy shall be furnished by the Bureau of Licenses and carried by every licensed hackman, shall be as follows:

Mileage rates charged for general driving:

Cabs

For one mile or any part thereof...

For each additional half mile or part thereof..

For any stop over five minutes in a trip, for every fifteen minutes or fraction thereof....

Coaches

For one mile or any part thereof...

1 00

For each additional half mile or any part thereof... For every stop over five minutes in a trip, for every fifteen minutes or fraction thereof...

50

40

Hourly Rates.-- These hourly rates, except by special agreement, are to apply only to shopping or calling and shall not include park or road driving, nor driving for more than three miles from the starting point:

For one hour or any part thereof....

150

75

For each additional half hour or any part thereof..

For driving around Central Park the charge shall be three dollars, where the starting point is between Twenty-third

street and One Hundred and Thirty-fifth street; if the starting point is below Twenty-third street, or north of One Hundred and Thirty-fifth street, an additional charge of fifty cents, for each mile or fraction thereof, shall be paid.

For driving around Central Park and Riverside Drive, where the starting point is between Twenty-third street and One Hundred and Thirty-fifth street, the charge shall be four dollars; if the starting point is below Twenty-third street or north of One Hundred and Thirty-fifth street, an additional charge of fifty cents for each mile or fraction thereof shall be paid.

On all park drives one-half hour shall be allowed for sight-seeing, without extra compensation. (Id., sec. 4.)

§ 320. Ferriage and bridge tolls in all cases to be paid by the parties using the vehicles. (Id., sec. 5.)

§ 321. Twenty blocks north and south to constitute a mile; seven blocks between the numbered and lettered avenues will be deemed a mile, as from Avenue B to Sixth avenue or from Second avenue to Ninth avenue. (Id., sec. 6.) § 322. Every hack shall be provided with a suitable lamp on each side and shall have securely fastened across the middle of the outside of each lamp a metal band not less than two inches in width, out of which the official number of the license shall be cut after the manner of a stencil plate, the component figures of such number to be not less than one and one-half inches in height, and the style of the whole to be approved by the Mayor or Chief of the Bureau of Licenses. Every licensed hack shall have the officia! number of the license legibly engraved or embossed upon a metal plate and affixed inside, as designated and approved by the Mayor or Chief of the Bureau of Licenses, and no licensed hack shall carry or have affixed to it, inside or outside, any number except the official number as aforesaid. (Id., sec. 7.)

§ 323. Every licensed hackman, immediately after the termination of any hiring or employment, must carefully search such hack for any property lost or left therein, and any such property, unless sooner claimed or delivered to the owner, must be taken to the nearest police station and deposited with the officer in charge within twenty-four hours after the finding thereof, and in addition a written notice, with brief particulars and description of the property, must be forwarded at once to the Bureau of Licenses. (Id., sec. 8.)

§ 324. Every licensed hackman shall have the right to demand payment of the legal fare in advance, and may refuse employment unless so prepaid, but no licensed hackman shall otherwise refuse or neglect to convey any orderly person or persons upon request anywhere in the city unless previously engaged or unable to do so. No licensed hackman shall carry any other person than the passenger first

employing a hack without the consent of said passenger. (Id., sec. 9.)

§ 325. All vehicles for hire shall be licensed, and the owner thereof shall pay the sum of two dollars with his original application as the license fee for each and every vehicle so kept for hire, and one dollar for each vehicle for annual renewals. (Id., sec. 10.)

§ 326. All disputes as to the lawful rate of fare, where no agreement has been made, and all refusals to pay the agreed amount where an agreement is claimed, shall be determined by the police officer in charge of the police station nearest to the place where such dispute is had, and, except in the case of a freeholder or householder in The City of New York, failure to comply with such determination shall subject the offending party to a charge of disorderly conduct, punishable by a fine of not exceeding ten dollars, or in default thereof imprisonment for not more than ten days. (Id., sec. 11.)

IV. Public Hack Stands.

§ 327. Any duly licensed hackney coach or cab shall stand while waiting for employment at any of the following places and for the periods of time hereafter provided:

Stand No. 1.- South Ferry, foot of Whitehall street, along the park.

Stand No. 2.- Broadway, around Bowling Green.

Stand No. 3.- In Barclay street, west of Washington street.

Stand No. 4.- In Murray street, between Washington and West streets.

Stand No. 5.-In Broad street, from Stock Exchange to Beaver street; one line in center of street.

Stand No. 6.- At Fulton Ferry, along the Market side, south and east.

Stand No. 7.— Broadway, from north side of Beekman street to Chambers street, and Chambers street, from Broadway to west side of new court-house, park side.

Stand No. 8.-In Canal street, west of Washington street.

Stand No. 9.-In Chatham square.

Stand No. 10.- North, west and south sides of Union square.

Stand No. 11.- North, west and south sides of Madison square.

Stand No. 12.- The vacant square, junction of Broadway and Sixth avenue, Thirty-second and Thirty-fifth streets. Stand No. 13.- On Fourth avenue, between Fortieth and Forty-second streets, each side of the cut to the tunnel. Stand No. 14.- At the junction of Broadway and Seventh avenue on the squares, Forty-third to Forty-seventh street. Stand No. 15.- On the north side of Fortieth and south

side of Forty-second streets, from Fifth avenue to Sixth

avenue.

Stand No. 16.- On Fifty-ninth street, north side, from Fifth avenue to a point 100 feet east of Eighth avenue. Stand No. 17.- At all ferries.

Stand No. 18.- At all passenger steamboat landings, fifteen minutes before the usual time of arrival of such passenger steamboats.

Stand No. 19. At all theatres and other places of public amusement, fifteen minutes before the conclusion of the performance.

Stand No. 20.- At all railroad depots, five minutes prior to the arrival of passenger trains, licensed owners and drivers may solicit passengers without their vehicles, except that at the Grand Central Depot such hackmen shall not stand on the sidewalk more than three feet within the curb. Stand No. 21.- Broadway, opposite St. Paul's Church, from five p. m. until sunrise.

Stand No. 22.- On all street corners, from ten p. m. until sunrise.

Stand No. 23.- South side of One Hundred and Fifty-fifth street, between Ninth and Manhattan avenues.

Stand No. 24.- North side of One Hundred and Fortyfifth street, from the corner of Eighth avenue 300 feet east. Stand No. 25.- North side of One Hundred and Twentyfifth street, to extend a distance of 100 feet west of Eighth

avenue.

Stand No. 26.- North side of One Hundred and Fiftyfifth street, from the corner of Eighth avenue 300 feet east. Stand No. 27.- West side of Third avenue, near the Fordham Station of the New York and Harlem Railroad, extending southerly about 100 feet from the southerly intersection of Pelham avenue.

Stand No. 28.- Every elevated railroad station in The City of New York shall be deemed a public cab stand, and public cabs and coaches shall be and are hereby authorized to stand on the street corners at such places.

Stand No. 29.- Park avenue, from Sixtieth street to Sixtyfirst street, and Seventy-second to Seventy-third street, on west side of tunnel.

Stand No. 30.- Fifth avenue, Sixtieth to Sixty-second street, on west side of avenue, and Seventy-first to Seventysecond to Seventy-third street, on west side of avenue.

Stand No. 31.- Fifth avenue, Eighty-first to Eighty-second street, and from Ninetieth to Ninety-first street, on west side of avenue.

Stand No. 32.- Sixty-third street, from Broadway to Columbus avenue, north side.

Stand No. 33.— From Sixty-third to Sixty-fourth street, on Broadway, west side.

Stand No. 34.- Sixty-sixth street, between Broadway and Columbus avenue, south side.

Stand No. 35.-Sixty-fifth to Sixty-sixth street, on Broadway, east side; Amsterdam avenue, Seventy-second to Seventy-third street, on west side.

Stand No. 36.- South side of Seventy-third street, between Broadway and Amsterdam avenue.

Stand No. 37.- From Seventy-ninth to Eighty-first street, on Columbus avenue, east side.

Stand No. 38.- On Eighty-first street, from Columbus avenue to a point 100 feet east of Columbus avenue.

Stand No. 39.- Sherman square, north side of Seventieth street, from Amsterdam avenue to Broadway.

Stand No. 40.- West side of Broadway, from Seventieth street to Seventy-first street.

Stand No. 41.- Amsterdam avenue, from Seventieth to Seventy-first street, east side.

Stand No. 42.- All subway stations.

Stand No. 43.- Northwest side of Plaza, between Fiftyeighth and Fifty-ninth streets. (Id., art. 2, sec. 1.)

§ 328. That not more than two cabs or coaches shall stand at any such station (meaning thereby the uptown or downtown station), and they shall not impede or obstruct proper access to and from the stairways at such stations. (Id., sec. 2.)

§ 328a. That the following streets and places in the Third Ward of the Borough of Queens are hereby fixed as the places at which hacks and stages may stand waiting for hire, viz.: At Flushing, Broadway, from Lawrence to Prince street, and a main street, from Bradford avenue to Locust street; at Bayside on Bell avenue, from Pleasant avenue to 300 feet north of Long Island Railroad track, and at Whitestone, on Sixteenth street, from Seventh to Eighth avenue. (Ord. app. May 29, 1900.)

§ 329. Any person violating any of the provisions hereof, except those of article 1, section 11, upon conviction thereof by the Chief of the Bureau of Licenses or Deputy Chief, either upon confession of the party or by competent testimony, may be fined for such offense any sum not more than ten dollars, or be subject to the suspension or revocation of his license in the discretion of the Chief of the Bureau of Licenses, or Deputy Chief, with the approval of the Mayor. (Ord. app. Nov. 2, 1905, art. 3.)

Article IVa.- Public Porters.

§ 329a. The Mayor shall license and appoint as many and such persons as he may think expedient to be public porters. of The City of New York, and revoke or suspend any or all of such licenses at his pleasure; and it shall not be lawful for any person to use any wheelbarrow or handcar to carry, transport or convey baggage, goods or other things from place to place within said city for hire, wages or pay for such conveyance, or to be at any hotel, boarding-house, ferry, steamboat landing, railroad station or depot, and