or removed, shall be appointed. Ten days' notice of said application shall be given to all parties who have appeared in the proceeding.

L. 1882, ch. 410, § 1014.

Powers of commissioners and of a majority thereof; fees, expenses.

§ 1444. In each and every case of the appointment of commissioners under this act, it shall be competent and lawful for any two of such commissioners, so appointed as aforesaid, to proceed to and execute and perform the trusts and duties of their said appointment, and their acts shall be as valid and effectual as the acts of all the commissioners if they had acted together would have been; and, further, in all cases, the acts, proceedings and decisions of a major part of such of the commissioners as shall be acting in the premises, shail be as valid, binding and effectual as if the said commissioners ramed and appointed for such purposes had all concurred and joined therein. In the said proceedings any of the said commissioners of estimate may issue subpoenas and administer oaths to witnesses. The commissioners appointed under and by virtue of this chapter, who shall enter upon the duties of their appointment, shall each be entitled to receive such compensation as shall be awarded by the court, upon the confirmation of their respective reports, not exceeding ten dollars for each day upon which they shall meet and be actually and necessarily employed in the performance of their duties as commissioners, besides all reasonable expenses, to be taxed and allowed by said court for maps, surveys, clerk hire and other necessary expenses and disbursements, and the same shall be included in, considered and paid as part of the expenses of acquiring the lands or interest therein for the acquirement of which the said proceeding is instituted.

L. 1882, ch. 410, §§ 1015, 1005.

Amendments of defects.

§ 1445. The special term of the supreme court in the judicial district, as aforesaid, shall have power at any time to amend any defect or informality in any of the special proceedings authorized. by this chapter that may be necessary, or to permit any person. having an interest therein to be made a party thereto, or to relieve from any default, mistake or irregularity, or to direct such further notices to be given to any party in interest as it deems proper. And the said court may, at any time, remove any of said commissioners of estimate who, in its judgment, shall be incapable of serving, or who shall, for any reason in its judgment, be an unfit person to

serve as commissioner. fied in the order making the same. If in any particular it shall at any time be found necessary to amend any pleading, proceeding, or to supply any defect therein arising in the course of any special proceeding authorized by this act, the same may be amended or supplied in such a manner as shall be directed by the said special term of the supreme court, which is hereby authorized to make such amendment or correction.

The cause of such removal shall be speci

Corporation counsel to appear and protect interests of the city.

§ 1446. The corporation counsel shall, either in person, or by such counsel as he shall designate for the purpose, appear for and protect the interests of the city in all such proceedings in court and before the commissioners of estimate.

Source of payment of awards and expenses.

§ 1447. The amounts of the awards made in a proceeding brought under this chapter for the value of lands and interests therein taken hereunder, shall be paid out of the fund created by the act authorizing the acquirement of the said lands or interests therein, and the money for the payment thereof, together with the fees of the commissioners of estimate, the compensation of such necessary clerks or assistants as they may employ, and all other necessary expenses in and about the special proceeding instituted under this chapter including the fees of counsel employed by the corporation counsel in the proceeding, and all other reasonable expenses incurred by said corporation counsel in the conduct of said proceeding, shall be also paid out of the said fund so provided. Such fees and expenses shall not be paid until they have been taxed at a special term of the supreme court in the judicial district as aforesaid, upon five days' notice to the corporation counsel of The City of New York. Upon such taxation due proof of the nature and extent of the services rendered and disbursements charged shall be furnished and no unnecessary costs or charges shall be allowed. All such costs, fees and expenses or disbursements to be taxed, as aforesaid shall be stated in detail in the bill of costs and charges and expenses, and shall be accompanied by such proof of the reasonableness and necessity thereof, as is now required by law and the practice of the said court upon taxation of costs and disbursements in other special proceedings or actions in said court.

What proceedings excepted from provisions of this chapter.

§ 1448. The provisions of this chapter shall not apply to any pro

ceedings for the purpose of opening any streets, avenues or public places, parks or parkways, or to any proceedings for the improvement of or in connection with the water supply of The City of New York, or for the acquisition of lands for sewers or drains as provided in section five hundred and sixty-one of this act, or for the acquisition of wharf property for the improvement of the waterfront of said city, or to any proceedings, of any nature, instituted prior to the time of the taking effect of this act, and such proceeding shall be conducted in all respects as if this act had not been passed.

CHAPTER XXII.

GENERAL STATUTES.

TITLE I. THE STREETS.

2. AMUSEMENTS.

3. BIRDS.

4. COMMERCIAL PAPER DURING EPIDEMIC.

5. PHARMACISTS AND DRUGGISTS.

6. BOARD OF CITY RECORD.

7. GENERAL PROVISIONS.

8. CORONERS.

TITLE 1.

THE STREETS.

Sec. 1454. Municipal assembly to regulate driving, etc.

1455. Law of the road.

1456. Rubbish, nails, etc., not to be thrown in the streets.

1457. Processions and parades; regulations concerning.

1458. Stages and omnibuses; consent of property owners necessary

before franchise granted.

1459. Id.; application to mayor, etc., before route established.

1460. Id.; stage route to be disposed of like other franchises.

1461. Id.; not to be run except in conformity with preceding sections.

1462. Wilfully breaking street lamps, etc.

1463. Id.; detaining offender until name ascertained.

1464. Id.; preceding sections no bar to suit by person injured.
1465. Id.; informer relieved of penalty, etc.

1466. Definition of "street."

Municipal assembly to regulate driving, etc.

§ 1454. The municipal assembly is hereby authorized and empowered to pass ordinances regulating the rate of speed at which horses shall be driven or ridden, and at which vehicles shall be propelled through any street, within The City of New York, and to pass ordinances regulating the use of the streets, in said city, by foot-passengers, vehicles and animals. Any person violating any ordinance so passed shall be deemed guilty of a misdemeanor and

upon conviction thereof by any magistrate, either upon confession of the party or competent testimony, may be fined for such offense any sum fixed by such ordinance as a penalty not exceeding ten dollars, and in default of payment of such fine, may be committed to prison by such magistrate until the same be paid; but such imprisonment shall not exceed ten days. Until the municipal assembly shall pass ordinances regulating the matters which by this title to such matters in the different parts of The City of New York, as it is authorized to regulate, the laws and ordinances now applicable constituted by this act, shall continue and remain in full force and effect.

See L. 1882, ch. 410, § 1932.

Law of the road.

§ 1455. In all cases of persons meeting each other in any street in The City of New York, in carriages, wagons, carts, bicycles, tricycles or sleighs, each person so meeting shall go to that side of the street on his right, so as to enable the carriages, wagons,. carts, bicycles, tricycles or sleighs so meeting to pass each other, under the penalty of five dollars for every offense, to be recovered. by an action, with costs of suit, in any court having cognizance thereof, by any person suing for the same. The proprietor of the carriage, wagon, cart, bicycle, tricycle or sleigh, neglecting or refusing to turn to the right, as above directed, shall be considered, if present at the time of such meeting, as the person committing the said offense, and if absent, then the driver of such carriage, wagon, cart or sleigh, or the rider of such bicycle or tricycle shall be so considered.

L. 1882, ch. 410, § 1933.

(a) It is no defense to an action to recover the penalty prescribed by this section for driving on the wrong side of a street that a person violating its provisions had no design to offend, but, on the con trary, attempted to avoid a collision. Nor is it a defense that the road on his side was rough and rutty, and that it was more difficult for him than for the other party to turn out: unless the obstacles to turning out are insuperable or extremely difficult, he is without excuse. Earing v. Lansingh, 7 Wend. 185; Simmonson v. Stellenmerf, 1 Edmunds' S. C. 194.

(b) But the mere fact that this section prescribes a penalty for its violation does not as matter of law

render a person liable for all damage which may arise from its violation. The liability of a person for damage caused by violating the law of the road depends upon the rules of law applicable to cases of negligence, so that if the party aggrieved was guilty of contributory negligence, he cannot recover for injuries sustained. Newman v. Ernst, 10 N. Y. Supp. 310; s. c., 31 N. Y. State Rep. 1; Simmonson v. Stellenmerf, 1 Edmunds' S. C. 194.

(c) The failure of a person to obey the law of the road renders him presumptively liable for injuPike ries arising therefrom. Bosworth. 7 N. Y. State Rep. 665. Compare Newman v. Ernst, supra.

V.