TITLE 9. tices and officers. § 77. In all prosecutions for any of the offences specified in the Fees of jus three last articles, the like fees shall be allowed and taken as in civil suits before justices of the peace, which shall in no case exceed five dollars, and be paid by the party offending, over and above the penalties incurred; but in case of the imprisonment of the offender, no charge of fees shall be allowed. [2 R. L., 197, §§ 11, 12, and other sections.] TITLE 13. [695] Carriages roads to turn to the TITLE XIII. Of the Law of the Road, and the Regulation of public Stages. SEC. 1. Persons in carriages meeting on any road, to turn to the right; penalty. 2. Penalty on owners of stages, etc., employing drivers addicted to drunken 5. Penalty on drivers for leaving horses without being tied, etc. 6. Owners of certain carriages liable for acts of drivers, negligent or otherwise. 7. Meaning of term "carriage," as used in this title. 8. Laws of cities, etc., concerning hackney coaches, not to be affected. SECTION 1. Whenever any persons travelling with any carriages, meeting on shall meet on any turnpike road or public highway in this state, the persons so meeting shall seasonably turn their carriages to the right of the centre of the road, so as to permit such carriages to pass without interference or interruption, under the penalty of five dollars for every neglect or offence, to be recovered by the party injured. [2 R. L., 283, § 41; 227, § 6.] right. Barb., 615; 7 Wend., 185; 26 Hun, 250. Drivers addicted to drunken. § 2. No person owning any carriage running or travelling upon any road in this state, for the conveyance of passengers, shall ness, not to employ, or continue in employment, any person to drive such carbe employed. riage, who is addicted to drunkenness, or to the excessive use of spirituous liquor; and if any such owner shall violate the provisions of this section, he shall forfeit at the rate of five dollars per day, for all the time during which he shall have kept any such driver in his employment, to be sued for by the district-attorney of the county in which such owner shall reside. The penalty, when recovered, shall Penalty, how collected. How applied. Drivers, when to be discharged. be for the use of the poor of such county, except that the court in which the recovery shall be had, may allow a portion of said penalty, not exceeding twenty-five dollars, to be retained by such districtattorney, as a compensation for his services and expenses, beyond the taxable costs. [L. 1827, 229. § 1.] § 3. If any driver, whilst actually employed in driving any such carriage, shall be guilty of intoxication, to such a degree as to endanger the safety of the passengers in the carriage, it shall be the neglect. duty of the owner of such carriage, on receiving written notice of TITLE 18. the fact, signed by any one of said passengers, and certified by him on oath, forthwith to discharge such driver from his employment; and every such owner who shall retain or have in his service, within Penalty for six months after the receipt of such notice, any driver who shall have been so intoxicated, shall forfeit at the rate of five dollars per day, for all the time during which he shall keep any such driver in his employment after receiving such notice, to be sued for and applied as directed in the last preceding section. [Section 4 repealed by L. 1886, ch. 593.] [696] horses etc. § 5. It shall not be lawful for the driver of any carriage used for Leaving the purpose of conveying passengers for hire, to leave the horses without attached thereto, while passengers remain in the same, without first being tied, making such horses fast with a sufficient halter, rope or chain, or by placing the lines in the hands of some other person, so as to prevent their running; and if any such driver shall offend against the provisions of this section, he shall forfeit, for the use of the poor the sum of twenty dollars, to be recovered by action to be commenced within six months. And unless the amount of such recovery be paid forthwith, an execution shall be immediately issued therefor. [The same.] certain acts of 51 N. Y. § 6. The owners of every carriage running or travelling upon any owners of turnpike road or public highway, for the conveyance of passengers, carriages shall be liable, jointly and severally, to the party injured, in all liable for cases, for all injuries and damages done by any person in the drivers. employment of such owner or owners, as a driver, whilst driving 208; 47 N such carriage, to any person, or to the property of any person; and that whether the act occasioning such injury or damage be wilful or negligent, or otherwise, in the same manner as such driver would be liable. [L. 1824, 347, § 1.] Y., 122. riage," do- § 7. The term "carriage," as used, in this title, shall be construed Term "car to include stage-coaches, wagons, carts, sleighs, sleds, and every other carriage or vehicle used for the transportation of persons and goods, or of either of them. § 8. Nothing contained in this title, shall interfere with or affect Hackney any law concerning hackney coaches or carriages in any of the cities coaches. of this state, nor interfere with nor affect the laws or ordinances of any such city for the licensing or regulating such coaches or carriages. [L. 1826, 254, § 10.] L. 1887, Chap. 704—An act in relation to the use of bicycles and tricycles. Bicycles, tricycles, etc., declared to be "carriages" within this title of R. S. SECTION 1. Bicycles, tricycles and all other vehicles propelled by manumotive or pedomotive power, are hereby declared to be carriages within the meaning of that term as used in section one of title thirteen of chapter twenty of part one of the Revised Statutes of the state of New York, and all persons by whom bicycles, tricycles and said other vehicles are used, ridden or propelled, upon the public highways of this state, shall be entitled to the same rights and subject to the same restrictions in the use thereof as are prescribed in said Revised Statutes in the cases of persons using carriages drawn by horses. Entitled to free use of roads, etc. § 2. The commissioners, trustees or other authorities having charge or control of any public street, public highway, public parkway, driveway or public place in this state, shall have no power or authority to pass, enforce or maintain any ordinance, rule or regulation by which any person using a bicycle or tricycle, shall be excluded or prohibited from the free use of any public highway, street, avenue, roadway, driveway, parkway or public place, at any time when the same is open to the free use of persons having and using other pleasure carriages. Limitation of this act. § 3. Nothing in this act shall be so construed as to prevent the passage, enforcement or maintenance of any regulation, ordinance or rule, regulating the use of bicycles or tricycles in public highways, streets, driveways, parkways and public places in such manner as to limit and determine the proper rate of speed with which such vehicles may be propelled, nor in such manner as to require, direct or prohibit the use of bells, lamps and other appurtenances, nor to prohibit the use of any vehicle upon that part of the street, highway or parkway, commonly known as the foot-path or sidewalk. Repeal. § 4. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. TITLE XIX. Of Brokerage, Stock-Jobbing, and Pawn-Brokers. ART. 1.-Regulations concerning brokers. ART. 2.-Of stock-jobbing. ART. 3.-Of pawn-brokers. ARTICLE FIRST. REGULATIONS CONCERNING BROKERS. SEO. 1. Rate of brokage, etc., and fee for making bond, etc., prescribed. 2. Excess over rate, may be recovered back within one year. brokage, 3. If neglected for a year, overseers of poor may recover excess. 4. Persons liable to be sued, may be compelled to discover, etc. 5. Persons discovering and returning excess, exonerated from further penalty. SECTION 1. No person shall, directly or indirectly, take or receive Rate of more than fifty cents for a brokage, soliciting, driving, or procuring &c. the loan or forbearance of one hundred dollars for one year, and in for that proportion for a greater or less sum; nor more than thirty- &c., bond, eight cents, for making or renewing any bond, bill, note or other 6 Barb., security given for such loan or forbearance, or for any counter bond, Barb., 86; 2 bill, note, or other security concerning the same. [The provisions of this title, with some variations, are taken from 1 R. L., 65, §§ 3 and 4.] *The numbers of these sections are thus changed from 5, 6 and 7 by L. 1878, ch. 228. making, &c. 178; 58 Sandf., 293; 56 N. Y., 310; 6 Hun, 233; 10 Daly, 342. |