§ 190. No person shall suffer or permit any grate or covering to any vault to be removed therefrom, or insecurely fixed thereon, so that the same can be moved in its bed, within one hour before sunset on any day, under the penalty of $20, to be sued for and recovered from the owner and cccupant of the house to which such vault shall belong, severally and respectively. (Id., sec. 338.)

§ 191. The Commissioner of Police is hereby directed to report to the President of the Borough in which the same is situated the owners or occupants of any store, dwelling or other buildings having vaults under the sidewalks in front thereof, with covering over the opening thereto presenting a smooth surface, and the said Borough President is hereby directed, immediately after receiving such report, to notify such owners or occupants to remove such coverings, and substitute therefor coverings presenting a rough surface, and affording a secure footing for pedestrians. Should any such owner or occupant neglect or refuse to comply with the directions contained in such notification for a period of six months, he shall suffer a penalty of five dollars for every twenty-four hours in excess of said six months that such neglect or refusal shall continue; and it is hereby made the duty of the said Borough President to cause to be reported every violation of the provision of this ordinance to the Corporation Counsel for prosecution. (Id., sec. 339, with verbal changes.)

§ 192. In all cases where the owners of property shall, in the erection of dwellings, set the same back from the line of the streets or avenues a distance of three feet and upward, for the purpose of ornamental court-yards, they shall be permitted to inclose for such purpose, with a neat railing, in addition to the space receded from, so much of the sidewalk in front as is allowed by ordinance for stoops, the gates of such inclosure to be so constructed as to open inwardly, under the penalty of $100 for each offense. (Id., sec. 340.)

§ 193. No person or persons shall construct or continue any cellar door which shall extend more than one-twelfth part of any street, or more than five feet into any street, under the penalty of $100 for each offense. (Id., sec. 341.) In 1793 the limit was one-fifteenth of the street, in 1808 this was changed to one-tenth, and in 1821 the present rate of one-twelfth was fixed.

§ 194. Every entrance or flight of steps projecting beyond the line of the street and descending into any cellar or basement story of any house or other building where such entrance or flight of steps shall not be covered, shall be inclosed with a railing on each side, permanently put up, from three to three and one-half feet high, with a gate to open inwardly, or with two iron chains across the front of the entrance-way, one near the top and one in the centre of the railing, to be closed during the night, unless there be a burning light over the steps, to prevent accidents, under

the penalty of twenty dollars for every offense, to be recovered from the owner, assigns or lessee thereof, severally and respectively. (Id., sec. 342.)

See as to liability of landlord or tenant, Schroeck vs. Reeis, 46 App. Div. 502; Brogan vs. Hannan, 66 N. Y. Supp. 1066; Sturmwald vs. Schreiber, 69 App. Div. 476.

Article VII.- Public Wells, Pumps, Cisterns and Hydrants.

§ 195. All applications for wells and pumps in any part of The City of New York shall be made to the Borough Presidents. (R. O. 1897, sec. 288, with verbal changes.)

§ 196. All public wells hereafter built by order of the Borough Presidents shall be examined and inspected by the Commissioner of Water Supply, Gas and Electricity, and shall be paid for by the said Borough Presidents in the usual manner, on receiving from the said commissioner a certificate of his approval of the work and that the same is built in conformity to law; the said work to be done in accordance with the provisions of law and ordinances as to all work done for the corporation. (Id., sec. 289, with verbal changes.)

197. No public well shall hereafter be built in any of the avenues of this city. (Id., sec. 290.)

§ 198. No person shall build any well in any of the avenues of this city, under the penalty of fifty dollars, and the President of the Borough in which the same is located shall cause the same in all cases to be filled up. (Id., sec. 291, with verbal changes.)

§ 199. No person or persons shall take the water from any public well, pump or cistern in The City of New York for the purpose of selling or offering the same for sale, under the penalty of twenty-five dollars for each offense. (Id., sec. 292.)

§ 200. No person shall take or use the water from any public cistern or hydrant, except in case of fire and for the purpose of extinguishing the same, under the penalty of twenty-five dollars for each offense. (Id., sec. 293.)

§ 201. No person shall wilfully do, or cause or suffer to be done, any damage to any of the public pumps in The City of New York, under the penalty of twenty-five dollars for each offense. (Id., sec. 294.)

§ 202. Every person who shall place, or assist in placing, or cause or procure to be placed, any hogshead, barrel, tub or other vessel of greater capacity than ten gallons, in any street of The City of New York, within twenty-five feet of any public well or pump, for the purpose of filling the same with water from any such well or pump, or who shall put, or cause to be put, into any such vessel any water from such well or pump, shall forfeit and pay the sum of ten dollars for each offense. (Id., sec. 295.)

§ 203. The last preceding section shall not be construed to prevent the immediate filling of any vessel therein men

tioned, provided the same shall be forthwith removed. (Id., sec. 296.)

§ 204. If any person, except one of the engineers or foremen of the fire companies, shall unscrew any of the hydrants belonging or attached to the corporation water-works erected for the extinguishment of fires, or interfere with the same, or any part of the works belonging to the said establishment, whereby the said establishment, or any or either of the pipes, hydrants, stop cocks, or any part of the works may be injured, or the water taken therefrom or wasted, they shall be liable to a penalty of fifty dollars for each and every such offense. (Id., sec. 297.)

§ 205. No person shall wash, or cause or procure or permit to be washed, any horse or carriage within twenty-five feet of any pump in any street in The City of New York, under the penalty of ten dollars for every such offense. (Id., sec. 298.)

§ 206. No person shall water, or suffer or permit any horse to drink or be watered at or within ten feet of any pump or well in any street of The City of New York, under the penalty of five dollars for each offense, to be paid by the owner or person watering or permitting such horse to water severally and respectively. (Id., sec. 299.)

§ 207. All persons are forbidden to open any street pavement and bore any water pipe for the purpose of conducting the water into any dwelling or other edifice, or any other use, under the penalty of fifty dollars for each offense, unless with the written permission of the Commissioner of Water Supply, Gas and Electricity. (Id., sec. 300, with verbal changes.)

Article VIII.- Public Baths.

§ 208. The President of the Borough in which the same are situated is authorized to perfect and promulgate all suitable rules and regulations governing the use of the free floating baths of the city, and breaches of said rules and regulations shall be punishable by a fine not exceeding five dollars for one offense or by imprisonment not exceeding one day. (Id., sec. 219, with verbal changes.)

Article IX.- The Erection of Barriers to Prevent Accidents.

§ 209. It shall be the duty of every person or persons engaged in digging down any road or street, in paving any street, building any sewer or drain, trench for water-pipes, or digging and building a well in any of the public roads, streets or avenues, under contract with the corporation of this city, made through either or any of the departments of the said corporation, or by virtue of any permission which may have been granted to them by the Mayor and Board of Aldermen, or either of the said departments or either of them, where such work, if left exposed, would be dangerous to passengers, to erect a fence or railing at such excavations

or work in such a manner as to prevent danger to passengers who may be traveling such streets, roads or avenues, and to continue and uphold the said railing or fence until the work shall be completed or the obstruction or danger removed. And it shall also be the duty of such persons to place upon such railing or fence at twilight in the evening suitable and sufficient lights, and keep them burning through the night during the performance of said work, under the penalty of $100 for every neglect. (R. O. 1897, sec. 220, with verbal changes.)

§ 210. The provisions of the preceding section shall apply to every person engaged in building any vault or constructing any lateral drain from any cellar to any public sewer, or who shall do or perform any work causing obstructions in the public streets by virtue of any permit from any executive department, and also to all public or corporation officers engaged in performing any work in behalf of the corporation whereby obstructions or excavations shall be made in the public streets. (Id., sec. 221.)

§ 211. The extent to which such railing or fence shall be built in the several cases is hereby defined as follows, to wit:

1. In digging down any street or road by placing the same along the upper bank of such excavation, or by extending the fence so far across the street or road as to prevent persons from traveling on such portion as would be dangerous.

2. In paving any street or avenue by extending it across the carriageway of such street or avenue, or if but a portion of the width of such carriageway be obstructed, across such portion, in which case the obstruction shall be so arranged as to leave a passageway through, as nearly as may be, of uniform width.

3. In building a sewer by placing it across the carriageway at the ends of such excavation as shall be made.

4. In the building of a well by inclosing the same and the obstructions connected therewith on one or more sides. 5. In building vaults by inclosing the ground taken from the vaults.

6. In placing building materials in the streets, the said material shall be so placed as to occupy not more than onethird of the width of the carriageway of the street or avenue. In streets or avenues where railroads occur, said materials shall not be placed nearer to the track than two feet. In all cases sufficient lights shall be placed upon such building materials, and kept burning through the night as provided in the preceding sections. It shall be lawful for persons who desire to erect large buildings to erect and maintain a bridge, not to exceed seven feet in height above the sidewalk and six feet in width, extending the whole length of the proposed building; the steps leading to the same to rest upon the sidewalk of the adjoining premises. (Id., sec. 222.)

§ 212. In all cases where any person or persons shall perform any of the work mentioned in the preceding sections, either under contracts with the corporation or by virtue of permission obtained from the Mayor and Board of Aldermen, or either of departments, such persons shall be answerable for any and every damage which may be occasioned to persons, animals or property by reason of carelessness in any manner connected with the said work. (Id., sec. 223, with verbal changes.)

§ 213. It shall be the duty of the Borough President having charge of the particular class of improvements to see that the requirements contained in this article in regard to the erection of fencing and placing lights, in all cases be complied with severally, under the penalty of fifty dollars for each and every neglect. (Id., sec. 224, with verbal changes.)

§ 214. It shall be the duty of the said Borough President, when any of the work referred to in any of the preceding sections shall be performed, whether for digging down streets or roads, paving streets, building sewers and building wells, or digging trenches for water-pipes, by persons under contract with the corporation, or for building vaults or placing building materials in streets, or constructing drains, or any other work for forming an obstruction to the said street, by virtue of permission duly obtained, to see that the requirements of this chapter, in regard to erecting the necessary fences and placing the necessary lights, be complied with, and to make the necessary complaint to the Corporation Counsel for any omission on the part of the person referred to, under the penalty of fifty dollars for every neglect. (Id., sec. 225, with verbal changes.)

§ 215. In all contracts for paving streets, constructing sewers, and building wells and pumps, or for doing any other work whereby accidents or injuries may happen in consequence of any neglect or carelessness during the performance thereof, it shall be the duty of the departments by whom such contracts are made to insert a covenant requiring the contractor or contractors to place proper guards for the prevention of accidents, and to put up and keep suitable and sufficient lights burning at night during the performance of the work; and that they will keep the corporation harmless and indemnified against all loss and damage which may be occasioned by reason of any unskillfulness or carelessness in any manner connected with the execution and completion of the work. (Id., sec. 226.)

§ 216. In all contracts for digging down any road or street, where such digging, if left exposed, would be dangerous to passengers, the heads of the proper department shall insert a covenant whereby the contractors shall be bound, at their own expense, to erect a fence or railing along or across the street, in such a manner as to prevent danger to