of the treasurer, or by his refignation or removal from office, but fhall and may be continued and profecuted to effect by his fucceffor in office : All which penalties laft mentioned, when recovered, shall remain in the treafury of this ftate, fubject to the order of the legillature. chamberlain for the expences, to be ap common council fhall direct. XII. And be it further enacted by the authority aforefa d, Monies received by That all fuch monies as fhall come into the hands of the treafe of the poor, and furer or chamberlain of the faid city for the time being, for defraying contingent the maintenance of the poor, and for defraying the other plied and paid as the contingent expences in the city and county of New-York, or for any other purposes in the faid city and county, or for any penalties or forfeitures incurre by virtue of this act, and appropriated hereby to the use of the faid city and county, fhall be applied or paid by him to fuch perfons, 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 faid city for the time being, prefiding in fuch common council, fhall, from time to time, direct and appoint. XIII. And be it further enailed by the authority aforefaid, That the treafurer or chamberlain of the faid city for the time being, fhall yearly, on the first Monday in November in every year, publish a state of all monies received by him for the ufe of the faid city and county as aforefaid, and of the fums and purposes mentioned in each warrant drawn upon him as aforefaid, in one or more of the public news-papers printed in the faid city of NewYork. I. LXXI. An ACT to prevent firing the Woods. Pafled 12th March, 1788.. 1. BE it enacted by the people of the state of New-York, represented in fenats and affumbly, and it is hereby enacted by the authority of the fame, That if any perfon or perfons fhall fet fire to the woods in any part of this ftate, he, fhe or they fhall forfeit and pay the fum of ten pounds, to be recovered with cofts of fuit, in any court having cognizance thereof, by any perfon or perfons who will fue and profecute for the fame; the one moiety of which forfeiture, when recovered, fhall be paid to the overfeers of the poor of the town or place where the offence fhall have been committed, for the ufe of the poor thereof; and the other moiety to the perfon or perfons who will fue and profecute for the fame to effect as aforefaid. And fuch offender or offenders fhall moreover be liable to all fuch damages as any perfon or perfons shall fuftain by fuch firing the woods as aforefaid. fet fire to his own II. Provided always, and be it further enacted by the Any perfon may authority aforesaid, That nothing in this act contained shall woods; but be liable be conftrued to hinder or prevent any perfon or perfons. to the penalty and an- from firing his, her or their own woods; but if he, the or if it extends beyond they do fuffer fuch fire to extend beyond his, her or their own woods, he, fhe or they fhall be fubject to the penalty and forfeiture aforefaid, befides being answerable for the damages.. fwerable for damages his own woods, &c. to order inhabit III. And be it further enacled by the authority aforefaid Juftices of the peace, That when the woods in any town within this ftate fhall be ants to extinguish or on fire, the juflices of the peace, the fupervifor, the commiffioners of the highways, and the officers of the militia,. Rop fuch fires. (not under the rank of captain) refiding in fuch town, fhall, and they are hereby feverally authorised and required, to order fuch and fo many of the inhabitants of fuch town liable to work on the highways, and who shall refile within the vicinity of the place where fuch fire fhall be, as they fhall feverally deem neceflary, to repair to the place where fuch fire fhall prevail, and there to aflift in extinguishing or flopping the progress of the fame; and if any perfon fo ordered to repair to, and aflift in manner aforefaid, shall refure or neglect to comply with fuch order, every perfon fo dilobeying fuch order, fhall forfeit and pay the fum of four fhillings, for every day he fhall fo neglect or refufe to obey, to be recovered in a fummary way, with cofs, before any juftice of the peace refident in fuch town, and the oath of the perfon having given fuch order, fhall be fufficient evidence whereon to convict any delinquent, and the forfeiture fo recovered fhall be applied as a reward to fuch perfon or perfons as the officers aforefaid, or the major part of them, fhall deem beft entitled thereto, for fuperior exertions at the extin-. guifhment, or in ftopping the progrefs of fuch fire. IV. And be it further enacted by the authority aforesaid, Former laws repealed. That all former facts and laws of this flate concerning firing the woods, fhall be void, and hereby are repealed. I. 8th feff. ch. 31. CHA P. LXXIX. An ACT for the better extinguishing Fires in the City of Albany. Pafled 15th March, 1788. Eit enacted by the people of the fate of New-York, reprefented in fenate, and affembly, and it is hereby enacted by the authority of the fame, That it fall 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, difcreet and fober men (willing to accept) not exceeding fixty in number, of the inhabitants, being freeholders or freemen of the faid city, to have the care, management, working and ufing the fire-engines, and the other tools and inftruments now provided, or hereafter to be provided, for extinguifhing of fires within the faid city; which perfons fo to be nominated and appointed as aforefaid, fhall 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 ufe the faid fire-engines, and other the tools and inftruments aforefaid, provided and to be provided for extinguifhing fires in the fame city. I. And in order that the firemen fo to be nominated and appointed as afor faid, may be diligent and vigilant in the execution of their duty, Be it Fiteron exempted further enacted by the authority aforesaid, That each of the from Irving as com perfons fo to be nominated and appointed a fireman, as ofighway, conftables aforefaid, fhall, from time to time, during his continuance and inters, and from in that office, and no longer, be, and he hereby is declared m fiuersor over fers militia duty. to be, exempted and privileged from ferving in the office of commiffioner or overfeer of the highways, or conflable, and from being impanelled upon any jury or inqueft, and from militia duty, except in cafes of invafion or other imminent danger; and that for this purpose, the name of each fireman to be nominated and appointed by virtue of this act, fhall be regittered and entered with the clerk of the peace of the faid city, and his certificate fhall be fufficient evidence in all courts and cafes of fuch privilege and exemption. And further, That it fhall and may be lawful to and for the mayor, aldermen and commonalty of the faid city, in common council convened, or the major part of them, to remove and difplace 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 fuch as they fhall fo remove or difplace, to nominate and appoint, and fo, 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, fhall think proper. ettablish rulesfor their of duty. III. And be it further enacted by the authority aforefaid, Common councilmay That it fhall and may be lawful to and for the mayor, algovernment, and im- dermen and commonalty of, the faid city, in common pole fines for neglect council convened, or the major part of them, to make, establish and ordain fuch rules, orders, ordinances and regulations, for the government, duty and behaviour of the perfons to be by them, from time to time, nominated and appointed firemen, by virtue of this act, in the working, managing and frequent exercifing, trying and ufing the fame fire-engines, tools and other inftruments; and to impofe and eftablifh fuch reafonable fines, penalties and forfeitures, upon them or any of them, for default or neglect of the duties and fervices thereby to be enjoined or required from them, as the mayor, aldermen and commonalty of the fame city, in common council convened, or the major part of them, fhall, from time to time, think proper, riffs, conftables and allift at fires. IV. And be it further enacted by the authority aforesaid, Sheriffs, deputy the That upon the breaking out of any fire within the faid city, marthals, to aid and the fheriff, deputy facriffs, conftables and marfhals, then being in the faid city, upon due notice thereof, fhall immediately repair to the place where fuch fire fhall happen, with their flaves and other badges of authority, and be aiding and afiting, as well in the extinguifhing of the faid fires, and caufing the perfons attending the fame to work, as in preventing any goods or household furniture from being flolen at fuch fires; and the officers aforefaid fhall alfo give their utmofl allifiance to the inhabitants in removing and fecuring their faid goods and furniture; and in the execution of the duties required from them by this act, fhall, in all refpects, be obedient to the orders and directions of the mayor, recorder and aldermen of the faid city, or fuch of them, as fhall, from time to time, be prefent at fuch fires. cil may order the in themfelves with buc kets. V. And be it further enacted by the authority aforefaid, The common coun- That it fhall and may be lawful to and for the mayor, alhabitants to furnish dermen and commonalty of the faid city, in common council covened, if they fhall deem it neceflary and proper, by a bye-law or bye-laws, ordinance or ordinances by them for that purpofe to be made and ordained, to direct and require the inhabitants or owners of houfes and other buildings in the faid city, to furnish and provide themselves with fuch and fo many fire-buckets, to be ready in their refpective houfes and other buildings, for the purpofes of extinguifhing fires. which may happen in the faid city, and to impofe and eftablifh fuch reafonable fines, penalties and forfeitures, for every neglect, default or difobedience thereof, as they, the faid mayor, aldermen and commonalty of the faid city, in common council convened, fhall think proper, CHA P. LXXX. An ACT for the better extinguishing Fires in the Town of Brooklyn, in King's County. Pafled 15th March, 1788. 1. BE it enacted by the people of the fate of New-York, represented in fenate ferry, at their annual and affembly, and it is hereby enabled by the authority of the fame, Inhabitants of Brook- That it fhall and may be lawful for the freeholders and inlyn, refiding near the habitants of the town of Brooklyn, in King's county, refidmeeting, to appoint ing near the ferry, within a line to begin at the Eaft-River, eight firemen, oppofite to, and to be drawn up the road that leads from, the ftill-houfe, late the property of Philip Livington, deceafed, and including the fame fill-house, and the other buildings on the fouth fide of the fame road, to and across the road leading from Bedford to the ferry fouth of the houfe of Matthew Gleaves, and from thence north-eafterly, including all the houfes on the east fide of the road last mentioned, and east of the powder magazine of Comfort and Jofhua Sands, to the Eaft-River aforefaid, and from thence down the Eaft-River to the place of beginning, at the annual townmeeting of the freeholders and inhabitants of the fame town, on the firft Tuesday in April in every year, to nominate and appoint eight able and fober men, refiding within the limits aforefaid, to have the cuftody, care and management of the fire-engine or engines, and the other tools and inftruments, now provided, or hereafter to be provided, for extinguishing fires within the limits aforefaid; and all or any of the perfons fo by them to be nominated and appointed, from time to time, at any annual or other town-meeting, to remove or difplace, and any other perfon or perfons in his or their place and ftead to nominate and appoint; and that the perfons fo to be nominated and appointed, fhall be called the fire-men of Brooklyn, and shall be ready at all times, as well by night as by day, to manage, work and exercise the fame fire-engine or engines, and the other tools and inftruments aforefaid now provided, and to be provided, for extinguishing fires within the limits aforefaid, and fhall be fubject to fuch rules, orders and regulations in their conduct, duty and behaviour, as the freeholders and inhabitants of the fame town, refiding within the limits aforefaid, in town-meeting convened, fhall, from time to time, make and eftablish, for the better government of the fame fire-men: And that fuch rules, orders and regulations, fo to be made as aforesaid, fhall alfo be entered in the town-book, to be kept by the clerk of the fame town. II. And be it further enacted by the authority aforefaid, Firemen exempted That every perfon fo to be nominated and appointed a firefron írving as overfeers of highways, man as aforefaid, fhall be, and hereby is declared to be, durand from ting his continuance in that office, and no longer, exempted and privileged from ferving in the office of overfeer of the highways, or conftable, and from being impanelled upon any jury or inqueft, and of and from militia duty, except in cafes of invafion or other imminent danger; and to that end, the name of each perfon, to be nominated and appointed a fireman by virtue of this act, fhall be registered and entered in the town-book to be kept by the clerk of the fame town as aforefaid, and his certificate of fuch nomination and appointment, fhall be fufficient evidence, in all courts and cafes of fuch privilege and exemption. conftables and jurors, duty. III. And whereas the fire-engine or engines, now provided or hereafter to be provided within the limits aforefaid, will want repairs, and it may be neceffary to provide other inftruments for the extinguishing fires; Therefore, Be town-meetings may engines. Inhabitants at their it further enacted by the authority aforefaid, That it shall and direct monies to be may be lawful for the freeholders and inhabitants of the raifed for repairing faid town of Brooklyn refiding within the limits aforefaid, at any town-meeting, to direct fuch fum or fums of money as they fhall deem neceflary and proper for the purpose aforefaid, to be railed, levied and collected, at the fame time, and in the fame manner as the monies for the maintenance and fupport 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 fame town, to be by him paid and applied for the purposes aforefaid, at fuch time and times, and in fuch manner as the major part of the firemen aforefaid, shall from time to time direct and appoint. An ACT to prevent the ftoring of Gun-Powder, within certain Parts of the Therefore, of powder in any one of the city-hall, and I. Be it enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That it No perfon to keep fhall not be lawful for any perfon or perfons, to have or more than 28 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, that to be divided into less than one mile to the northward of the city-hall of the four parcels. faid city, except in the public magazine at the fresh-water, which faid quantity of twenty-eight pounds, fhall be feparated in four ftone jugs or tin canisters, each of which fhall not contain more than feven pounds; and if any perfon or perfons fhall keep any greater quantity than twentyeight pounds, in any one place, houfe, flore or out-house, or if the fame gun-powder fo permitted to be kept as aforefaid, fhall not be feparated in the manner herein above directed, he, fhe or they shall forfeit all fuch gun powder fo kept, contrary to the true intent and meaning of this act, or fo permitted to be kept, and which fhall not be feparated as aforefaid; and fhall alfo forfeit the fum of fifty pounds for every hundred weight of powder, and in that proportion for a greater or lefs quantity, to be recovered with cofts of fuit, in any court having cognizance thereof, by any perfon or perfons who will fue for the fame. Provided always, That all actions and fuits to be commenced, fued or profecuted, against any perfon or perfons for any thing done contrary to this act, fhall be commenced, fued 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 fhip or other vessel, arriving from fea; Be it further enacted by the authority aforeCommanders of vef- faid, That the commander or owner or owners of every fels to land and store ship or other veffel arriving from fea, and having gun-powder 24 hours after their on board, fhall, within twenty-four hours after her arrival in the harbour, and before fuch fhip or other veflèl be hauled along fide of any wharf, pier or key within the faid city, land the faid gun-powder, by means of a boat or boats, or other fmall craft at any place on the Eaft-' gunpowder within arrival. |