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offices to be

&c.

Intelligence Senate and Assembly, That the mayor, aldermen and commonalty regulated, of the city of New York, in common council convened, shall have full power and authority to make and pass such by-laws and ordinances as they shall from time to time deem necessary and proper, for the regulation of intelligence offices in the city of New York, or to prohibit the keeping of such offices, and for requiring that no person shall keep any such office without first obtaining a license for that purpose, from the mayor of said city, and paying therefor such sum of money as the said common council may require. And also to impose penalties for the non-observance of any such by-laws and ordinances, and keeping such houses without such license, not exceeding two hundred and fifty dollars for each offence.

Public markets may be erected.

Proviso.

1822. CHAPTER CI.

AN ACT authorizing the erection of Public Markets in front of Public
Wharfs, in the City of New York.-Passed March 22, 1822.

Be it enacted by the People of the State of New York, represented in Senate and Assembly, That it shall be lawful for the mayor, aldermen and commonalty of the city of New York, in case they shall find it necessary, to cause public markets to be erected and kept over the waters of the East and North rivers adjoining to any of their docks or wharfs in the city of New York: Provided, That such markets shall not interfere with the flow of the waters of the said rivers, nor be built over the same so as to occupy a distance. exceeding one hundred feet from the lines of the city, as established by law on said rivers.

When trial by jury may

od.

1822. CHAPTER CLXXXII.

AN ACT further to amend an act, entitled, "an act to reduce several laws relating particularly to the City of New York, into one act,” as far as relates to the Marine Court of the City of New York.-Passed April 12, 1822.

I. Be it enacted by the People of the State of New York, represented be demand- in Senate and Assembly, That in every action brought and now pending, or hereafter to be brought in the said Marine Court, before the justices thereof, it shall be lawful for either of the parties to the suit, or the attorney of either of them, after issue joined therein, and before an order has been made for an adjournment after joining such issue, and before the court shall proceed to in

clerk.

drawn, etc.

quire into the merits of the cause, to demand of the said court that such action shall be tried by a jury; and it shall be the duty of the Duty of the clerk of the said court to procure, as often as occasion shall require, lists of the names of such persons residing in the several wards of the city of New York, (the Ninth ward excepted,) as are qualified to serve as jurors in the Court of Common Pleas for the city and county of New York, and the names of the persons so qualified, residing in the First ward of the said city, shall be written on separate slips of paper and put into a box under the direction of the said clerk, and the said clerk shall, once in every week, draw from the said box the names of as many persons, not fewer than Jurors, how twenty, nor more than forty, as the said court shall order and direct; and the names of the persons so drawn shall be written on a panel, and directed and delivered to the proper officer, to be by him executed; and the persons named in the said panel, shall be summoned by the said officer to appear before the said court, on the Monday next after such delivery, and on the return thereof, the said clerk shall cause the names of the persons so qualified to be written on several and distinct pieces of paper, as nearly alike and of one size as may be, and rolled up separately, as nearly as may be in the same manner, and put together in a box or some convenient thing, and delivered to the said court; and the persons so impanneled shall be bound, and they are by this act required to attend and serve as jurors in the said court, to try the several issues which shall be given them in charge on the day of the return of the said panel, and on such other days until, and including the Saturday next thereafter, as the said court shall, from time to time, require or order them to attend; and the venires to be issued in causes in which issue shall be joined after the return of the said panel, and during the time which the said jurors are required to attend and serve as aforesaid, as well as the issues joined before the return thereof, shall be annexed to the said panel at such times as occasion shall require; and on the trial of each of the said issues, the said court, or such indifferent persons as the said court shall appoint for that purpose, shall draw out twelve of the said pieces of paper, one after another, and if any of the persons whose names shall be so drawn, shall not appear, or shall be challenged and set aside, then such further number of the said jurors shall be drawn as shall make up the number of twelve, who do appear after all legal causes of challenge allowed; and the said twelve shall be the jury to try such issue; and after all the names of the said persons residing in the First ward of the said city shall be drawn out of the box first above mentioned, then the names of the persons qualified as aforesaid, and who shall or may reside in the Second ward of the said city, shall in like manner be put in and drawn out of the

Two sections

repealed.

Part of ano

repealed.

said box first above mentioned, and then those of the Third ward, and so on for the different wards of the said city, until the names of all the persons mentioned in the aforesaid lists shall be drawn, commencing again with the First ward.

II. And be it further enacted, by the authority aforesaid, That the one hundred and twenty-ninth, and one hundred and thirtieth sections of the act hereby amended, be, and the same are hereby repealed.

III. And be it further enacted, That so much of the last provision ther section of the one hundred and sixth section of the said act hereby amended, as relates to matters of account, where the sum total of the accounts of both parties exceeds, in amount or value thereof, the sum of two hundred dollars, and so far as it relates to executors and administrators, be, and it is hereby repealed.

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IV. And be it further enacted, That the one hundred and first section of "an act to reduce several laws relating particularly to the city of New York, into one act," passed April ninth, one thousand eight hundred and thirteen, be, and the same is hereby repealed.

Buildings fronting

etc., to be

or stone.

1822. CHAPTER CCIII.

AN ACT in addition to the Act for the more effectual Prevention of
Fires in the City of New York.-Passed April 12, 1822.

I. Be it enacted by the People of the State of New York, represented in Harman st., Senate and Assembly, That all dwelling-houses, store-houses and built of brick other buildings, which, from and after the passing of this act, shall be built or erected fronting on Harman street, and on that part of Clinton street which lies between Harman street and Cherry street, and also within that part of the said city which lies between Harman street and Cherry street, and between Clinton street and Catherine street, shall be made and 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 or shingles: Provided, such flat do not exceed two fifth parts of such roof, and that there be erected around the same flat, a substantial balcony or balustrade.

Proviso.

Said provi

sions not

II. And be it further enacted, That the said provisions and reguapply in ca-lations shall not extend or apply to any building whatsoever, that shall be erected or built upon any lands, tenements or heredita

ses of leasehold estates.

ments, fronting upon the said streets, or within the said limits, by
any lessee or lessees, or other person or persons possessed of a lease-
hold estate, or interest of and in such lands, tenements or heredit-
aments, for any term of years, whereof not more than twenty years
shall be unexpired at the passage of this act: Provided, nevertheless, Proviso.
That every such lot of land so being under any such lease shall not
be exempted from the operation of this act any longer than until
such lease shall have expired.

III. And be it further enacted, That if any dwelling-house, store- Penalties.
house, or other building whatsoever, shall be erected or roofed con-
trary to the preceding section, the proprietor or proprietors thereof
shall for every such offence, 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 build-
ing, contrary to the said section, whether he be proprietor or not,
shall, for every such offence, forfeit and pay the sum of two hundred
and fifty dollars, to be recovered, with costs of suit, in any court of
record within this state, by the fire department of the city of New
York, in their own name, and for their own use.

erected con

act to be

mon nuisan

IV. And be it further enacted, That every such dwelling-house, Buildings store-house, or other building, which, after the passing of this act, trary to this shall be erected or roofed within the fire limits of said city con- deemed comtrary to this act, shall be deemed a common nuisance, and the jus- ces. tices of the Supreme Court, and the justices of the courts of oyer and terminer and general jail delivery, and the justices of the courts or general sessions of the peace shall, within the said city, have cognizance of such offences; and the court to which an indictment or presentment shall be preferred for such offence, shall be and hereby is empowered and enjoined to prosecute such indictment, or cause the same to be prosecuted, in the usual manner of prosecutions, and upon conviction, to adjudge such fines and penalties as they in their discretion shall think fit and proper, and also in their discretion, to cause such nuisance to be abated and removed.

erected.

V. And be it further enacted, That if any dwelling-house, store- As to buildhouse, or other building, already erected and now covered with ings already boards or shingles, fronting on the said streets, or within the said limits, shall at any time hereafter require to be new roofed, it shall and may be lawful for the proprietors to roof the same with boards or shingles, or in such other manner as was eustomary before the passing of this act, anything herein contained to the contrary notwithstanding.

VI. And be it further enacted, That all roofs, steeples, cupolas,

1

ings, &c.,

Public build- and spires of churches, and other public buildings may be covered may be cov with boards, and shingles, and all privies not exceeding ten feet boards or square and fifteen feet in height, and all fire engine houses of the

ered with

shingles.

corporation, and all lime-houses which shall be erected by the express permission of the corporation, may be built of wood or boards, and covered with boards or shingles, anything in this act to the contrary notwithstanding.

Preamble.

indigent

dumb.

1822. CHAPTER CCXXXIV.

AN ACT to provide for the Instruction of the Indigent Deaf and
Dumb within this State.-Passed April 16, 1822.

Whereas, there are within this state, many indigent deaf and dumb persons: And whereas, there is, in the city of New York, an institution, established for the instruction of the deaf and dumb, and now in successful operation: Therefore,

Admission of I. Be it enacted by the People of the State of New York, represented deaf and in Senate and Assembly, That every indigent deaf and dumb person, between ten and twenty-five years of age, whose parent or parents, or nearest friend, may be residents of this state, and who may make application for that purpose, shall, until provision be made by law for their instruction in some other institution or school, be received into the New York institution for the instruction of the deaf and dumb, in the manner hereinafter mentioned, and be provided with board and tuition by the directors of the said institution, until each Senate district, under the constitution recently adopted, shall have sent four pupils.

Provisions

as to those al

ved, &c.

II. And be it further enacted, That the indigent deaf and dumb ready recei- now in the asylum of the said institution, shall be included as part of the aforesaid number; and that the term of instruction shall not exceed three years for those who are supported at the expense of the state; and the term of the present pupils shall be considered as having commenced at the time when they were received into the asylum as charity pupils; but nothing in this section shall be construed to warrant the retaining, at the expense of the state, more than thirty-two indigent pupils.

Public notice

III. And be it further enacted, That once in every year, the direct to be given. ors of the said institution, shall cause public notice to be given, in at least two public newspapers, if there be two in each Senate district, of the number of vacancies which exist or are expected to

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