remove con § 16. No person shall remove, or cause to be removed, Permission to the contents, or any part thereof, of any tub, box, cask, tents of privsink or privy, south of Forty-second street, without a written or printed permission from the City Inspector, which permission shall specify the time within which the said. contents may be removed, and the piers to which the same may be taken and deposited as mentioned in these ordinances, either of which piers the scavenger may elect; and if any person shall remove, or cause, or allow, or assist in removing the contents, or any part thereof, of any tub, box, cask, sink or privy, without such permission, or at any other time than that specified therein, or shall convey to and deposit, or assist in conveying and depositing, any of the contents aforesaid, from any other pier than one of those described in this chapter, he shall forfeit and pay for each and every offense, the sum of fifty dollars. of Privies. § 17. It shall be the duty of the City Inspector or Health Examination Warden, to examine each sink or privy in each Ward or District, once in each year, and a report shall be made to the City Inspector, on or before the first day of April in each year, of the situation of each sink or privy in each ward or district, and when any sink or privy requires emptying before the tenth of September next thereafter, notice shall be given to the owner of such sink or privy, or his agent, or, if they cannot be found, the tenants thereof, requiring the removal of the contents of such sink or privy to be performed forthwith; but the omission of such notice shall not excuse the person, whose duty it is to cause such sink to be emptied, from the payment of the sum of ten dollars, as herein before specified. soil. § 18. The City Inspector is directed to advertise, and Sale of Night sell to the highest bidder, in conformity with law, the right for five years, to all the night-soil taken from the sinks in Removal of dead animals the city; and the same shall be deposited by the scavengers in boats to be furnished by the person receiving the right; the boats to be used to be tight deck boats of no less than fifty tons, custom house measurement; the person who shall receive the right, shall be bound to enter into a contract with the City Inspector for the faithful performance of his contract for five years, and give security to the amount of one thousand dollars. The person or persons who shall have the contract awarded to him or them, shall have the right of the exclusive use of two berths at each of the following named piers, to wit: The pier foot of Clarkson street; the south side of pier foot of Twenty-sixth street, North river; the south side of pier foot of Thirtyeighth street, East river; also the north side of pier foot of Rivington street, and that the scavengers be compelled, under a penalty of twenty-five dollars, to proceed directly from the place where such soil shall be gathered, to the river, or to a street leading directly to the nearest dumping place, and dump all the night-soil taken from the privies or sinks into the boats of such person or persons who shall receive the contract from the city; and return the contract to the Common Council for confirmation. § 19. The City Inspector hereby is authorized and directed immediately to advertise, for thirty days, proposals for the sale of, and then, in conformity to the provisions of the laws of the State, to sell to the highest bidder, who shall furnish adequate security, the right and privilege of collecting and removing dead horses, and other dead animals, blood, offal and other refuse matter and nuisances, in accordance with the following specifications, for the term of five years next thereafter; the contract to be prepared by the Counsel to the Corporation.* * NOTE. This section was passed on 14th December, 1855. Though temporary in its character, its operation may extend over five years, and it may be the basis of a permanent system. SPECIFICATIONS. First. The contractor shall collect, and remove from all parts of the city to the dock and slip, at the foot of Fortyfifth street, East river, or to such other docks or slips as the Common Council may, at any time or times hereafter designate and provide, all dead horses and other dead animals; and shall, at all times, provide and keep, at his own cost and expense, such a number of suitable carts as shall be necessary, for a prompt and faithful performance of such work; said carts shall be approved and licensed by by the City Inspector. Second. The contractor shall, at all times, provide and keep, at such dock or slip as aforesaid, a suitable number of suitable boats, scows, barges or vessels for receiving, and shall receive therein all dead horses, and other dead animals, and all blood, offal and other refuse matter from butchers' slaughter-houses, and all bones, fish, fish offal, diseased or tainted meats, and all other nuisances of a similar kind, which may or shall be offered by any person or persons at such dock or slip. Third. The contractor shall furnish, at his own cost and expense, suitable boxes for the reception of all orders or complaints; the same to be placed, one at each police station-house in the city, and one at the office of the City Inspector, and to cause all orders and complaints to be collected from each and every station-house, and from the office of the City Inspector, at least twice every day; and shall cause all dead animals to be removed, in accordance with the contract, as soon as possible after the reception of any such order or complaint, or other notice. Fourth. The contractor shall, at least once in every day, remove all such dead horses, animals, blood, offal, and other matters and nuisances as aforesaid, to some suitable Removal of dead animals dead animals Removal of and proper place or places beyond the limits of the city; and whenever the City Inspector shall so direct, such removal shall be made twice in each day, during the months of June, July, August and September. Fifth. Approved sureties, to the amount of thirty thousand dollars, will be required for the faithful performance and execution of the contract, to the end of the term, which security shall be renewed within three weeks of the close of the year. In every respect, the work to be per formed as required, and any neglect or refusal, on the part of the contractor to perform the whole or any part of the stipulations of the contract, or of the requirements of these specifications, shall be sufficient to empower and authorize the City Inspector to proceed to perform so much thereof as shall be neglected or refused, at the expense of, and chargeable by the Corporation to the contractor and his sureties, and such refusal or neglect, shall authorize and empower the Common Council at any time to revoke and annul such contracts. Sixth. The bid shall state the amount which the bidder will pay per annum for such right and privilege, which amount shall be paid by the contractor to the Comptroller, in equal quarterly sums, at the end of each quarter. Seventh. A strict compliance with the provisions of the chapters relating to "Contracts for supplies, and work done for the Corporation," and amendments thereto, will be observed and required. Eighth. Should the person or persons to whom the cortract shall be awarded, fail to attend with his or their sureties, and to execute the same in writing, within three days after being notified that such contract is ready, he or they shall be considered as having abandoned it, and shall forfeit all right to such award. CHAPTER XXXI. OF PARTITION FENCES AND WALLS. kept in re pair. § 1. All partition fences in the city of New York shall How made & be made and maintained by the owners of the land on each side; and each party shall make and keep in repair one half part thereof, when it can be conveniently divided. how settled. § 2. In case of any dispute between the parties, concern- Disputes, ing the division of any such fence, or as to what part or portion of it shall be made or repaired by each party respectively; and in all cases of dispute concerning the sufficiency of any fence in the city of New York, the matter shall be determined by the Alderman and Councilmen for the time being, of the district of the ward in which such partition or other fence may be situated. kept in re § 3. When any partition fence cannot be conveniently How made & divided, the same shall be made and kept in repair at pair. the joint and equal expense of the owners of the land on each side. § 4. When the regulation of a lot, in conformity with mid. the street on which it is situated, shall require the ground of such lot to be raised and kept up higher than the ground of the adjoining lot or lots, and a partition wall for supporting the same shall be necessary, such partition wall shall be made and maintained by the owners respectively of the land on each side; and when the same can be equally divided, each party shall make and keep in repair one-half part thereof. § 5. If any dispute shall arise concerning the division Disputes, of such partition wall between the parties, or as to what how settled, |