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

Cleaning or by the President of Queens or Richmond to the Comptroller or the city, and the Board of Estimate and Apportionment may authorize such additional expenditures as may be required for the said removal of such ice and snow, dirt, or other material, to be repaid to the fund from which the payments were made, or instead, in the Boroughs of Queens or Richmond to the special fund restoring and repaving in said boroughs, if the Presidents of these boroughs so elect, with proceeds from the issue and sale of revenue bonds which shall be sold by the Comptroller, as provided by law.

The Commissioner of Street Cleaning or Borough Presidents of Queens or Richmond shall, as soon as possible, after the work is done, certify to the Corporation Counsel the amount of the expense chargeable against each piece of property.

The Corporation Counsel is hereby directed and authorized to sue for and recover the amount of this expense, together with three (3) dollars penalty for each offense, and when so recovered the amount shall be turned over to the City Chamberlain to be deposited to the credit of the general fund of The City of New York for the redemption of taxation. (Ord. app. March 23, 1903, sec. 8.)

§ 415. It shall be the duty of the Commissioner of Street Cleaning and the Borough Presidents of Queens and Richmond, immediately after every snowfall or the formation of ice on the crosswalks or in the culverts or paved streets, avenues or public places, forthwith to cause the removal of said snow and ice from the said crosswalks and culverts, and to keep the crosswalks and culverts aforesaid clean and free from obstruction. (Id., sec. 9.)

§ 416. Every street railroad corporation shall remove all the snow and ice from its tracks and the spaces between, and shall not throw the same on either side thereof, and shall immediately carry away and dispose of the same under the direction of the Commissioner of Street Cleaning, or the Borough President of Queens or Richmond under a fine of $100 for every city block in length in which the said corporation shall fail to so remove and dispose of the same, as aforesaid; provided, however, that for the more speedy and effective removal of snow and ice from the paved streets, avenues and public places of the city, the Commissioner of Street Cleaning and the Borough Presidents of Queens and Richmond shall have power and authority in their respective boroughs to enter into agreements for the entire winter season, or part thereof, with any street surface railroad or other railroad having tracks in the city for the removal of snow and ice for the entire width of the street, avenue or public place, from house-line to house-line, at any part of the route of the said railroad, provided that nothing in said agreements shall be inconsistent with any law of the State