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How made & kept in re

pair.

Regulation of
Lots.

kept in

pair.

re

part or portion of it should be made or repaired by each respectively, or concerning the sufficiency of any such partition wall, the same shall be determined by the Alderman and Councilmen as aforesaid.

§ 6. Where any partition wall cannot be conveniently divided, the same shall be made and kept in repair at the joint and equal expense of the owners of the land on each side.

7. The regulation of lots in conformity with the street shall be calculated not to exceed a descent of two inches on every ten feet.

How made & § 8. Where any owner or owners shall insist on maintaining his, her, or their ground higher than such regulation, the surplus partition wall which may be necessary to support such height, shall be made and maintained at the individual expense of such owner or owners.

Ibid.

Ibid.

§ 9. Where any such owner or owners shall insist on regulating his, her or their ground with a descent less than two inches on every ten feet, the surplus partition wall necessary to support the ground in the adjoining lot, regu lated in conformity with the preceding 6th section, shall, in like manner, be made and maintained at the individual expense of such owner or owners.

§ 10. If any person whose duty it may be to make or repair any partition fence or partition wall, or any part thereof, in pursuance of the provisions of this law, shall neglect so to do, for six days after being requested, in writing, by the owner or occupant of the adjoining ground, it shall be lawful for such owner or occupant, to make, or repair such partition fence or wall, or cause the same to be done, and to recover from such person the expense of making or repairing so much thereof as ought to have been

made or repaired by him or her, together with costs of suit in any court having cognizance thereof.

construction of fences.

§ 11. All outside and boundary fences, and all fences Height and erected on the line of any public road, street, lane or ave nue in the city of New York, shall be at least five feet high, and shall be built of good and substantial materials, and sufficient in all respects to keep out and prevent the encroachment of cattle, sheep, hogs and other animals, and shall be kept in good repair, and of the height abovementioned.

pairs, &c.

§ 12. The owner or owners, lessee or lessees, tenant or Neglect of retenants of any lot, piece of ground or premises upon which any fence not of the height, and that shall not be erected in the manner, and maintained at the height mentioned in the preceding section, or who having so erected the same shall not keep the same in good repair, shall not recover for any damage he, they or she may sustain from any cattle, sheep, hog or other animal, doing damage upon his, their or her premises; nor shall any cattle, sheep, hog or other animal be placed in pound for doing damage, unless such fence be erected and kept of the height, and in the manner mentioned in the 11th section.

how settled.

§ 13. In case of any dispute between the parties, con- Disputes, cerning any fence embraced within this chapter, or the sufficiency thereof, the matter shall be determined by the Alderman and Councilmen, for the time being, of the district of the ward in which such fence may be situate.

Pegulations for Blasting.

Ibid.

Penalties.

CHAPTER XXXII.

OF THE BLASTING OF ROCKS.

§ 1. In all cases of blasting rocks or stones within the city of New York, south of a line drawn across the island, one hundred feet northerly of Eighty-sixth street, each blast, before firing it, shall be securely covered with six timbers, of not less than four inches thick, ten inches wide and ten feet long each, to be placed over and around each charge, and to be held in place by at least three hundred pounds of large stones piled on top of them.

§ 2. Three minutes' notice, before firing the blasts, shall be given, by displaying a red flag on a staff, not less than ten feet high, set in a conspicuous place, within twentyfive feet of the point where the charge is placed, and also by calling out the words "a blast," several times repeated, and loud enough to be distinctly heard at a distance of two hundred feet from the point of discharge.

§ 3. For every violation of either of the preceding sections of this chapter, the offending party, or, if the work be done under a contract, the contractor, upon complaint and conviction thereof, before a police justice, shall be liable to a fine of twenty-five dollars, and stand committed until the same is paid.

CHAPTER XXXIII.

OF HOISTWAYS.

for hoistways

§ 1. The owner or occupant of each and every store or Regulations other building in the city of New York, in which there is and penalties a hoistway, shall cause the said hoistway on each story of said store or other building, to be forthwith inclosed by a good and sufficient railing around the opening thereof, and provide for the inclosing of such opening by a trap door; and each owner or occupant of any such building or store, shall cause said railing to be securely fastened up. and said trap-door to be closed, on the completion of the business of each day in such store or building; and for every violation of the provisions of this section, or of any of them, the owner or owners, occupant or occupants of any such store or building, shall be liable to a penalty of fifty dollars for each and every offense.

Penaltics.

§ 2. The penalties imposed by this chapter, shall, when Recovery of recovered, be paid by the Attorney to the Corporation, to the Treasurer of the Fire Department of the city of New York, for the use and benefit of said Fire Depart

ment.

Wardeus.

§ 3. It shall be the duty of the Fire Wardens of the Duty of Firo city of New York to examine into all violations of this chapter, and to give, or cause to be given, a notice in writing, signed by at least one of them, to the owner or owners, occupant or occupants, or by leaving such notice with any person of suitable age on the premises, requiring such cause of violation to be removed within ten days after service of such notice; if said violation is not removed, to report the same in writing to the Corporation Attorney.

First district defined.

CHAPTER XXXIV.

OF WEIGHTS, AND MEASURES.

ARTICLE I.-OF THE DISTRICTS FOR SEALING AND INSPECTING
WEIGHTS AND MEASURES.

II. OF THE SEALING AND INSPECTING OF WEIGHTS

AND MEASURES.

III. OF THE FEES OF THE INSPECTORS OF WEIGHTS

AND MEASURES.

IV. OF THE FEES OF THE CITY SEALERS OF WEIGHTS
AND MEASURES.

ARTICLE I.

OF THE DISTRICTS FOR SEALING AND INSPECTING WEIGHTS

AND MEASURES,

§ 1. All that part of the city of New York, lying southerly and westerly of a line running from the East river through the centre of Fulton street to Broadway; thence through the centre of Broadway to Bloomingdale road at Tenth street; thence through the centre of the Bloomingdale road to Union place at Fourteenth street; thence through the centre of Fourteenth street to the Bowery; thence along the easterly side of Union place to the Fourth avenue; and thence through the centre of the Fourth avenue to Harlem river, shall be known as the First District for the scaling and inspection of weights and measures; and the Sealer and Inspector of Weights and Measures who may be appointed for the said First District, shall be confined thereto in the performance of their respective duties.

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