to be erected within certain limits, and stone. 36th SESSION. AN ACT to reduce several Laws, relating particularly to the PASSED April 9, 1813. FOR THE MORE EFFECTUAL PREVENTION OF FIRES. CHAP. 86. Buildings 1. § 59. And be it further enacted, That all dwellinghouses, store-houses, and other buildings which from and to be of brick after the passing of this act, shall be built or erected within the city of New York (that is to say), within that part of the said city to the northward of the point of the Battery, and a line beginning upon the East River, opposite Montgomery street; thence through Montgomery street to Cherry street; thence down Cherry street to Roosevelt street; thence through Roosevelt to Chatham street; thence down Chatham street to Chambers street; and thence through Chambers street to Broadway; thence up Broadway to Canal street; thence commencing again at Chambers street, and running to Hudson's river, including, also, the lots of ground on the northerly and easterly sides of the said streets, through which the above-mentioned line runs, and including, also, the lots of ground fronting on both sides of Broadway, between With party Chambers street and Canal street, shall be made and constructed of stone or brick, with party or fire walls, rising at with tile or least six inches above the roof, and shall be covered, except or fire-walls. Covered except the flat roof thereof, with tile or slate, or other safe mate-shtet rials, against fire; and not with board and shingles. Further proviso. Provided such flat do not exceed two-fifths part of such Proviso. roof; and that there be erected around the same flat, a substantial balcony or balustrade; provided also, that the said provisions and regulations shall not extend or apply to any building whatsoever that shall be erected or built upon any lands, tenements, or hereditaments, whereon there was any building on the first day of June, in the year of our Lord one thousand eight hundred and twelve, within the limits aforesaid; and northward and eastward of a line beginning upon the East river, in a direct line from the corner of Montgomery and Cherry streets: thence down Cherry street to Pearl street; thence down Pearl street to Beekman street; thence through Beekman street to Chatham row; thence down Chatham row, and across Broadway to Partition street; thence through Partition street, across Greenwich, Washington, and West streets, to Hudson's river, except such buildings as may be built or erected on any lot or lots of ground on the northwardly or eastwardly sides of the said streets, through which the line aforesaid runs, by any lessee or lessees, or other person or persons, possessed of a leasehold estate, or interest of and in such said lands, tenements, or hereditaments, for any term of years, whereof not more than two years were, on the first day of June, in the year of our Lord one thousand eight hundred and twelve, unexpired, under or by virtue of any lease or other contract, actually subsisting and in force on the last mentioned day, and wherein there shall not be contained any clause or provision for any allowance or payment to the lessee or lessees, their executors, administrators, or assigns, or any of them, at or before, or after the end or expiration of the said term, for or in respect of any building erected or to be erected on the said leasehold premises during the said term; but that it shall be lawful for any such lessee or lessees, or person or persons so possessed of a leasehold estate or interest in any lands, tenements, hereditaments, or premises within the limits aforesaid, and northwardly and eastwardly of the line aforesaid, except as aforesaid, who shall be so circumstanced in respect to the said leasehold premises, and his, her, or their estate and interest therein as aforesaid, to erect and build upon the same leasehold premises, whereof he, she, or they shall be so possessed, or upon any part thereof, any building whatsoever which, from the surface or level of the street or ground to which such building shall adjoin, either in the front or in the rear, to the foot of the rafter, shall be not more than twenty-five feet, with the materials and in the manner the same may, on the day and year last mentioned, have been lawfully built or erected, any thing in this act contained to the contrary notwithstanding; but any buildings so to be built or erected upon any such leasehold premises, by any such lessee or lessees, or person or persons possessed of any leasehold estate, or interest therein, being so circumstanced as herein aforesaid, which, from the level or surface of the street or ground to which such building shall adjoin, either in the front or the rear, to the foot of the rafter, shall be more than twenty-five feet, shall be made or constructed of stone or brick, with party or fire-walls, rising at least six inches above the roof, and shall be covered with tile or slate, or other safe materials against fire, and not with boards and shingles, except the flat roof thereof, such flat roof not to exceed two equal fifth parts of the space of the whole roof, and a substantial balcony or balustrade being erected around the same. preceding section. ered and ap 2. § 60. And be it further enacted, That if any dwelling-Penalty for house, store-house, or other building whatsoever shall be trary to the erected or roofed contrary to the preceding section of this act, the proprietor or proprietors thereof shall, for every such offense, forfeit and pay the sum of five hundred dollars; and every builder who shall build or roof, or assist in building or roofing such dwelling-house, store-house, or other building, contrary to the said section, whether he be the proprietor or not, shall, for every such offense, forfeit and pay the sum of two hundred and fifty dollars; to be recovered, with costs How recov of suit, in any court of record within this State, by the propriated. treasurer or chamberlain of said city, for the use of the poor thereof; and when recovered, shall be appropriated by the Common Council of the said city, in the same manner as the moneys raised by tax, for the maintenance of the poor of the said city, are by law directed to be applied; and no such action or suit shall be abated or discontinued by the death, resignation, removal from office, or any other change of such treasurer or chamberlain, but shall and may be continued and prosecuted to effect, by his successor in office. Certain buildings limits, to be built of brick or stone, and covered with tile or slate. 3. 61. And be it further enated, That all dwellinghouses, store-houses, and other buildings whatsoever, which, within other after the passing of this act, shall be built or erected within said city (that is to say,) within the watch and lamp district of the said city, and not included in the fifty-ninth section of this act, and which from the surface or level of the ground to which such building shall adjoin, either in the front or in the rear, to the foot of the rafters, shall be more than thirty feet, or of more than two stories, shall be made or constructed of stone or brick, with party or fire-walls, rising at least six inches above the roof, and shall be covered, except the flat roof thereof, with tile or slate, or other safe materials against fire, and not with boards and shingles. Proviso as to the flat roof. Penalty for building con last section. Provided such flat do not exceed to equal fifth parts of the space of such roof, and that there be erected around the same a substantial balcony or balustrade. 4. § 62. And be it further enacted, That if any dwellingtrary to the house, store-house, or other building whatsover, shall be erected or roofed contrary to the last preceding section of this act, the proprietor or proprietors thereof shall, for every such offense, forfeit and pay the sum of four hundred dollars; and every builder who shall build, roof, or assist in building or roofing such dwelling-house, store-house, or other building, contrary to the said last preceding section, whether he be the proprietor or not, shall, for every such offense, forfeit and pay the sum of two hundred dollars, to be recovered, with costs of suit, in any court of record within this State, propriated. by the treasurer or chamberlain of the said city, for the use of the poor thereof, and when recovered shall be appropriated by the Common Council of the said city in manner aforesaid; and no such action or suit shall be abated or discontinued by the death, resignation, removal from office, or other change of such treasurer or chamberlain, but shall and may be continued and prosecuted to effect by his successor in office. And the more effectually to prevent the erection of any dwelling-house, store-house, or other building within the said city, contrary to this act. How recov ered and ap Certain buildings declared 5. § 63. Be it further enacted, That every such storehouse, dwelling-house, or other building, which, after the passing of this act, shall be erected or roofed within the said city, contrary to this act, shall be deemed a common nuisance, and the Justices of the Supreme Court and the Justices of the Court of Oyer and Terminer and gaol delivery, and the Justices of the Court of General Sessions of the Peace, shall, within the said city, have cognizance of |
