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of the treasurer, or by his refignation or removal from office, but shall and may be continued and profecuted to effe& by his successor in office : All which penalties laft mentened, when recovered, shall remain in the treasury of this state, subject to the order of the legillature.

XII. And be it further enacted by the aui hority aforesaid, Monies received by That all such monies as shall come into the hands of the trea1. fe of the poor, and furer or chamberlain of the said city for the time being, for espences

, wo be ap- the maintenance of the poor, and for defraying the other plied and paid as behice contingent expences in the city and county of New York,

or for any other purposes in the said city and county, or for any penalties or forfeitures incurreby virtue of this act, and appropriated hereby to the use of the said city aná county, shall be applied or paid by him to such persons, and in such manner as the mayor, aldermen and commonalty of the faid city, in common council convened, by warrant, under the hand of the mayor or recorder of the said city for the time being, presiding in such common council, shall, from time to time, direct and appoint.

XIII. And be il further enacted by the auihority aforefuia, That the treafurer or chamberlain of the said city for the time being, shall yearly, on the first Monday in November in every year, publish a state of all monies received by him for the use of the said city and county as aforesaid, and of the furns and purposes mentioned in each warrant drawn upon him as aforesaid, in one or more of the public news-papers printed in the fạid city of NewYork.

C H A P. LXXI.
An ACT to prevent firing the Foods.

Palled 12th Marchi, 1788. 1. E it enacted by the people of the fate of New-York, represented in fate That if any person or persons shall set fire to the woods iif any part of this state, he, she or they shall forfeit and pay the sum often pounds, to be recovered with costs of fuit, in any court having cognizance thereof, by any person or persons who will sue and profecute for the same; the one moiety of which forfeiture, when recovered, shall be paid to the overseers of the poor of the town or place where the offence shall have been committed, for the use of the poor thereof; and the other moiety to the person or persons who will sue and profecute for the fame to effect as aforesaid. And fuch offender or offenders Thall moreover be liable to all such damages as any person or persons shall fustain by such firing the woods as aforesaid.

II. Provided always, and be it further enaĉled by the Any per fon may authoriiy aforesaid, "That nothing in this act contained shall wools ; but be liable be conftrued to hinder or prevent any person or persons. on the premier and ones from firing his, hier or their own woods ; but if he, she or if it extends beyond they do suffer fuch fire to extend beyond his, her or their

own woods, he, Mhe or they mall be subject to the penalty and forfeiture aforesaid, belides being answerable for the damages.

III. And be it further enailed by the authority aforesaid, Justices of the peace, That when the woods in any town within this fate hall be ants to extinguish or on fire, the juslices of the peace, the supervisor, the confop fucla firas.

missioners of the highways, and the officers of the militia...

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(not under the rank of captain) residing in such town, fall, and they are hereby severally authorised and required, to order such and so many of the inhabitants of such town liable to work on the highways, and who shall refile within the vicinity of the place where such fire shall be, as they fall feVerally deem neceflary, to repair to the place where such fire shall prevail, and there to aflif in extinguishing or stopping the progress of the fame; and if any person so ordered to repair to, and allitt in manner aforesaid, mall returę or neg'ect to coinply with such order, every person fo disobeying such order, Thall forfeit and pay the sum of four Millings, for every day he fall so neglect or refuse to obey, to be recovered in a summary way, with colis, betore any justice of the peace resident in such town, and the oath of the person having given such order, shall be fufficient evidence whereon to convict any delinquent, and the forfeiture so recovered shall be applied as a reward to such person or persons as the officers aforesaid, or the major part of them, shall deem best entitled thereto, for superior exertions at the extin-. guillment, or in stopping the progress of such fire.

IV. And be it further endeled by the authority aforesaid, Forner les repealed. That all former facts and laws of this flate concerning firing

the woods, shall be void, and hereby are repealed.

18 h left. ch. 31.

fec. 5.

С НА Р. LXXIX.
An ACT for the better extinguishing Fires in the City of Aibarzy.

Palled 15th March, 1788.
I. E it enched by the people of the ftale of Neu-York, represented in fenate

ad afembly, and it is herchy erailed by the authority of the fame, That it frall and may be lawful to and for the mayor, aldermen and commonalty of the city of Albany, in common council convened, or the major part of them, to nominate and appoint a fufficient number of able, discrece and sober nien (willing to accept) not exceeding fixty in number, of the inliabitants, being freeholders or freemen of the said city, to have the care, management, working and using the fire-engines, and the other tools and intruments now provided, or hereafter to be provided, for extinguishing of fires within the said city; which perfons fo to be nominated and appointed as aforchid, shall be called, The firemen of the city of Albany; who are hereby required to be ready at all times, as well by night as by day, to manage, work and use the faid fue-engines, and other the tools and instruments aforesaid, provided and to be provided for extinguishing fires in the same city.

11. And in order that the firemen so to be nominated and appointed as aforiid, may be diligent and vigilant in the execution of their duty, Be it Fireman rxampted

further ended by the authority aforcfi.id, That each of the fi frving as com persons fo to be nominated and appointed a fireman, as Tughouay, contables aforesaid, shall, from time to time, during his continuance ant it to and from in that office, and no longer, be, and he hereby is declared militia duty

to be, exempted and privileged from ferving in the cfice of commissioner or overseer of the highways, or confiable, and from being impanelled upon any jury or inquell, and from militia duty, except in cales of invasion or other imminent danger; and that for this purpose, the name of cach fireman to be nominaied and appointed by virtue of this act, shall be registered and entered with the clerk of the peace of the faid city, and his certificate shall be fuflicient evidence in all courts and cases of such privilege

m non

and exemption. And further, That it shall and may be lawful to and for the mayor, aldermen and commonalty of the said city, in common council convened, or the major part of them, to remove and displace all or any of the firemen now appointed, or to be nominated and appointed by virtue of this act, when and as often as they shall think fit ; and others in the room or places of such as they shall so remove or displace, to nominate and appoint, and so, from time to time, as they the faid mayor, aldermen and commonalty of the faid city, in common council convened, or the major part of them for the time being, shall think proper.

III. And be it further en..Elcd by the authority aforesaid, Commencouncilmay That it ihall and may be lawful to and for the mayor, algovernment, and im- dermen and commonalty of, the faid city, in common po e fincs for neglect council convened, or the major part of them, to make, of daty

establish and ordain sucli rules, orders, ordinances and reguLations, for the government, duty and behaviour of the persons to be by them, from time to time, nominated and appointed firemen, by virtue of this act, in the working, managing and frequent exercising, trying and using the fame fire-engines, tools and other instruments; and to impose and establish such reasonable fines, penalties and for eitures, upon them or any of them, for default or neglect of the duties and services thereby to be enjoined or required from them, as the mayor, aldermen and commonalty of the fame city, in common council conyened, or the major part of them, shall, from time to time, think proper,

IV. and be it further enailed by the authority aforesaid, Sheriffs, deputy fhe. That upon the breaking out of any fire within the said city, marhus, to aid and the sheriff, deputy sheriffs, conftables and marshals, then

being in the said city, upon due notice thereof, shall immediately repair to the place where fuch fire shall happen, with their ítaves and other badges of authority, and be aiding and aliining, as well in the extinguishing of the said fires, and cauling the persons attending the fame to work, as in preventing any goods or houtěhold furniture from being flolen at fuch fires; and the officers aforesaid shall also give their umotl allistance to the inhabitants in removing and securing their faid goods and furniture; and in the execution of the duties required trom them by this act, shall, in all respects, be obedient to the orders and directions of the mayor, recorder and aldermen of the faid city, or such of them, as (hail, from time to time, be present at such fires.

V. And be il further enalled by the authority forcfuid, The common corn. That it shall and inay be lawful to and for the mayor, albabitants to furnith dermen and commonalty of the said city, in common

council covened, if they shall dcem it neceffary and proper,

by a bye-law or bye-laws, ordinance or ordinances by them for that purpose to be made and ordained, to direct and require the inhabitants or owners of houses and other buildings in the said city, to furnili and provide themselves with such and so many tire-buckeis, to be ready in their respective houses and other buildings, for the purposes of extinguishing fires which may happen in the said city, and to impose and establisha tuch reasonable fines, penalties and forfeitures, for every neglect, default or disobedience thereof, as they, the said mayor, aldermen and commonalty of the said city, in common council convened, shall think proper,

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Inhabitants of Brooke

CH A P. LXXX. An ACT for the better extinguishing Fires in the Town of Brooklyn, i

King's County

Pased 15th March, 1788. E it enated by the people of the fate of New-York, represented in fenate and a jembly, and it is hereby enabled by the authority of the jume,

That it shall and may be lawful for the freeholders and in{yn, reliding near the liabitants of the town of Brooklyn, in King's county, refidineeting, to appoint ing near the ferry, within a line to begin at the East-River, eight firemen,

opposite to, and to be drawn up the road that leads from, the still-houe, late the property of Philip Livingston, deceased, and includ. ing the same ftill-house, and the other buildings on the south side of the fame road, to and across the road leading from Bedford to the ferry south of the house of Matthew Gleaves, and from thence north-easterly, including all the house's on the east side of the road last mentioned, and east of the powder magazine of Comfort and Joshua Sands, to the Eaft-River aforesaid, and from thence down the East-River to the place of beginning, at the annual townmeeting of the freeholders and inhabitants of the same town, on the first Tuesday in April in every year, to nominate and appoint eight able and sober men, residing within the limits aforesaid, to have the custody, care and ma. nagement of the fire-engine or engines, and the other tools and instruments, now provided, or hereafter to be provided, for extinguishing fires within the limits aforesaid ; and all or any of the persons so by them to be nominated and appointed, from time to time, at any annual or other town-meeting, to remove or displace, and any other person or persons in his or their place and stead to nominate and appoint; and that the persons so to be nominated and appointed, shall be called the fire-men of Brooklyn, and shall be ready at all times, as well by night as hy day, to manage, work and exercise the same fire-engine or engines, and the other tools and instruments aforesaid now provided, and to be provided, for extinguishing fires within the limits aforesaid, and shall be subject to such rules, orders and regulations in their conduct, duty and behaviour, as the freeholders and inhabitants of the same town, residing within the limits aforesaid, in town-meeting convened, shall, from time to time, make and establish, for the better government of the same fire-men : And that such rules, orders and regulations, so to be made as aforesaid, shall also be entered in the town-book, to be kept by the clerk of the same town.

II. And be it further enacted by the authority aforesaid, fro

Firemen exeinpred That every person so to be nominated and appointed a fire, feers, of hy ways, man as aforesaid, shall be, and hereby is declared to be, dura conflables and jurors,

militia ing his continuance in that office, and no longer, exempted duty.

and privileged from serving in the office of overseer of the highways, or constable, and from being impanelled upon any jury or inqueft, and of and from militia duty, except in cases of invasion or other imminent danger; and to that end, the name of each person, to be nominated and appointed a fireman by virtue of this act, shall be registered and entered in the town-book to be kept by the clerk of the fame town as aforesaid, and his certificate of such nomination and appointment, shall be fufficient evidence, in all courts and cafes of such privilege and exemption.

III. And whereas the fire engine or engines, now provided or hereafter to be provided within the limits aforesaid, will want repairs, and it may be necesary to provide other instruments for the extinguishing fires; Therefore, Be

and

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Inhabitants at their il further enacted by the authority oforefaid, That it shall and direct monies to be may be lawful for the freeholders and inhabitants of the raifed for repairing said town of Brooklyn residing within the limits aforesaid, engines.

at any town-meeting, to direct such sum or sums of money as they shall deem neceflary and proper for the purpose aforelaid, to be railed, levied and collected, at the fame time, and in the fame manner as the monies for the maintenance and support of the poor, within the fame town are by law directed to be raised, levied and collected, and to be paid into the hands of the town-clerk of the same town, to be by him paid and applied for the purposes aforesaid, at such time and times, and in such manner as the major part of the foremen aforesaid, shall from time to time direct and appoint.

CH A P. LXXXI. An ACT to prevent the Boring of Gun-Powder, wilhin certain Parts of the

Cuy of New York.

Passed 15th March, 1788. W

of the city of New York, is dangerous to the safety of the faidcity i Therefore,

I. Be it enaeled by the people of the fate of New York, represented in fenate end afjembly, and it is hereby engåed by the authority of the jume, That it

No person to keep shall not be lawful for any person or persons, to have or more than 25 pounds keep any quantity of gun-powder exceeding twenty-eight place within one mile pounds weight, in any one place, house, store or out-house, of the city hall, and le's than one mile to the northward of the city-hall of the

into four parcels. faid city, except in the public magazine at the fresh-water, which said quantity of twenty-eight pounds, shall be separated in four stone jugs or tin canisters, each of which shall not contain more than seven pounds; and if any person or persons shall keep any greater quantity than twentyeight pounds, in any one place, house, fore or out-house, or if the same gun-powder fo permitted to be kept as aforesaid, shall not be separated in the manner herein above directed, he, me or they shall forfeit all such gun powder so kept, contrary to the true intent and meaning of this act, or lo permitted to be kept, and which shall not be separated as aforesaid; and shall also forfeit the sum of fifty pounds for every hundred weight of powder, and in that proportion for a greater or less quantity, to be recovered with costs of fuit, in any court having cognizance thereof, by any person or persons who will sue for the same. Provided always, That all actions and suits to be commenced, sued or prosecuted, against any person or persons for any thing done contrary to this act, shall be commenced, sued or profecuted within two calendar months next after the offence committed, and not at any time thereafter.

II. And to avoid dangers from gun-powder laden on board of any ship or other vessel, arriving from sea ; Be it further enated by the authority aforeConmanders of ver. Said, That the commander or owner or owners of every fels te land and store ship or other vellel arriving from sea, and having gun-powder 24 hours after their on board, shall, within twenty-four hours afier her arrival in

the harbour, and before such ship or other vellel be hauled along side of any wharf, pier or key within the said city, land the said gun-powder, by means of a boat or boats, or other small crati at any place on the East

arrival.

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