And to prevent any evil consequences which may arise from the carriage of gunpowder, gun powder is to be conveyed through the LXVIII. Be it further enacted, That all gunpowder which shall How be carried through the streets of the said city by carts, carriages or by hand or otherwise, shall be in tight casks well headed and streets. hooped, and shall be put into bags or leather cases and entirely covered therewith, so that no powder may be spilled or scattered in the passage thereof, on pain of forfeiting all such gunpowder as shall be conveyed through any of the streets aforesaid, in any other manner than is hereby directed: And it shall and may be lawful for any person or persons to seize the same to his or their own use and benefit, and to convey the same to one of the magazines aforesaid, and thereupon to prosecute the person or persons offending against this act, before the mayor or recorder and any two aldermen of the said city, and such gunpowder, upon conviction, shall be condemned to the use of the person seizing the same. sus picion of gunpowder con warrant to issue to for LXIX. And be it further enacted, That it shall and may be lawful on for the mayor or recorder, or any two aldermen of the said city, gunpo upon application being made by any inhabitant or inhabitants of cealed, how the said city, and upon his or their making oath of reasonable cause search of suspicion, of the sufficiency of which the said mayor or recorder same. or aldermen is and are to be the judge or judges, to issue his or their warrant or warrants, under his or their hand and seal, or hands and seals, for searching for such gunpowder, in the day time, in any building or place whatsoever within the limits aforesaid, or in any ship or other vessel, within forty-eight hours after her arrival in the harbor, or at any time after such ship or other vessel shall and may have hauled alongside any wharf, pier or key within the limits aforesaid; and that, upon any such search, it shall be lawful for the person finding any such gunpowder, immediately to seize, and at any time within twelve hours after such seizure to convey the same to one of the magazines aforesaid: and the same gunpow. der, being so removed, to detain and keep until it shall be determined by the mayor or recorder and any two aldermen of the said city, whether the same is forfeited by virtue of this act, and the person or persons so detaining the same shall not be subject or liable to any action or suit for the detention thereof: Provided always, Proviso. That nothing in this clause of this act contained, shall be construed to authorize any person having such warrant to take advantage of the same for serving any civil process of any kind whatsoever: Provided also, That nothing in this act contained shall extend to ships of war or packets in the service of the United States, or any of them, or of any foreign prince of state, nor to authorize the Gunpowder pounds searching for gunpowder on board of any such ship or vessel while laying in the stream, and upwards of one hundred yards from the wharf or shore.(1) exceeding 28 LXX. And be it further enacted, That if any gunpowder, exceedfound during twenty-eight pounds, shall be found in the custody of any permay be seiz- son during any fire or alarm of fire in the said city, by any fireman demned. of the said city, it shall be lawful for him to seize the same without ing a fire, ed, and con hemp and kept only in proved common councii. by warrant from the mayor, or recorder or aldermen, and to cause the same to be condemned in manner aforesaid, to his own use, any. thing in this act to the contrary notwithstanding. Sulphur, LXXI. And be it further enacted, That from and after the passing fax to be of this act, no greater quantity of sulphur than ten hundred weight, places and no greater quantity of hemp or flax than twenty hundred weight, shall be put, stored or kept, in any one place in the city of New York, to the southward of the fresh water in the Sixth ward, nor to the southward of Rutger's slip in the Seventh ward, other than in such proper place or places as shall be appointed and approved of by the mayor, aldermen and commonalty of the said city, in common council convened, under the penalty of twenty-five dollars for every offence or refusal to remove the same, to be recovered with costs of suit in any court of record within this state, by the treasurer or chamberlain of the said city, to be applied towards the support of the poor of the said city. Penalty. Pitch, tar, turpentine, be kept only proved by council. Penalty. LXXII. And be it further enacted, That no pitch, tar, turpentine, rosin, &c., to rosin, spirits of turpentine, linseed oil or shingles, shall be put in in places ap- any place in the city of New York, to the southward of the fresh the common water, other than in such places as shall be appointed and approved of by the mayor, aldermen and commonalty of the said city, under the penalty of twenty-five dollars for every offence or refusal to remove the same, to be sued for and recovered, with costs, before any court having cognizance of debts to that amount, by any person who will sue for the same, and when recovered, to be paid to the chamberlain of the said city for the use of the poor thereof: Provided however, That it shall be lawful for any of the ship chandlers in the said city, to keep in any enclosure within the limits aforesaid, a quantity of pitch, tar, rosin or turpentine, not exceeding in the whole twenty barrels at any one time. Proviso. Penalty for firing guns, LXXIII. And be it further enacted, That if any person shall fire Art or discharge any gun, pistol, rocket, cracker, squib or other fireof the city work, in any street, lane or alley, garden or other enclosure, or &c., in parts (1) [Talmage v. Fire Department of New York, 24 Wend. p. 235.] ered and ap from any house, or in any other place where persons frequently walk, to the southward of the fresh water, every such person, for every such offence, shall forfeit and pay two dollars and fifty cents, How recov to be sued for, recovered and applied as is directed in and by the plied. last preceding section of this act; and in case any such offender be a slave, the owner or possessor of such slave shall be answerable in the same manner as if the act had been done by such owner or slave. possessor. Master an swerable for offences of FIREMEN APPOINTED. be appointed council. holders or LXXIV. And be it further enacted, That it shall be lawful for Firemen to the mayor, aldermen and commonalty of the said city, in common by common council convened, and they are hereby required, from time to time, and as often as it shall be necessary, to appoint a sufficient number of strong, able, discreet, honest and sober men, willing to accept such appointment, being freeholders or freemen of the said city, to To be freehave the care, management, working and using the fire engines, freemen. and the other tools and instruments now provided, or hereafter to be provided, for extinguishing of fires within the said city; which persons so to be appointed shall be called the firemen of the city of New York, and who, with the engineers of the same city, are hereby required to be ready at all times, as well by night as by day, to Their duty. manage, work and use the same fire engines, and other the tools and implements aforesaid. empted from lic duties. LXXV. And be it further enacted, That the persons so to be ap- Firemen expointed firemen, and every of them, during their continuance in certain pubthat office, and no longer, shall be exempted from serving in the office of constable, and from being impannelled or returned upon any juries or inquests, and of and from militia duty, within the said city, except in cases of invasion or other imminent danger; and the names of all firemen, to be appointed by virtue of this act, shall be registered with the clerk of the peace of the said city, and his Their names certificate shall be sufficient evidence in all courts and cases of such tered. exemption: And further, That it shall be lawful for the mayor, al- Removable dermen and commonalty of the said city, in common council con- mon council. vened, to remove all or any of the firemen now appointed, or to be appointed by virtue of this act, when, and as often as they shall think fit, and to appoint others in their stead. to be regis by the com council to and regulafor LXXVI. And be it further enacted, That it shall be lawful for Common the mayor, aldermen and commonalty of the said city, in common make rules council convened, to make and ordain such rules and regulations tions in respect of the government and duty of the persons by them appointed firemen, in the working, managing and frequent exercising, firemen. fines. trying and using of the same fire engines, tools, and other instruAnd impose ments, and to impose and establish such reasonable fines, penalties and forfeitures upon them, or any of them, for default or neglect of the duties and services thereby to be required from them, as they shall from time to time think proper. Duty of sher iff, deputy sheriffs, con case of fire. LXXVII. And be it further enacted, That upon the breaking out stables and of any fire within the said city, the sheriff, deputy sheriffs, constamarshals, in bles and marshals, upon notice thereof, shall immediately repair to the place where such fire shall happen, with their rods, staves and othes badges of authority, and be aiding and assisting, as well in the extinguishing of the said fires, and causing the persons attending the same to work, as in preventing any goods or household furniture from being stolen at such fires, and shall seize all persons whom they find stealing or pilfering, and the officers aforesaid shall also give their utmost assistance to the inhabitants in removing and securing their said goods and furniture; and, in the execution of the duties required from them by this act, shall be obedient to the orders of the mayor, recorder and aldermen of the said city, or such of them as shall be present at such fires. Common council itants buckets. to to LXXVIII. And be it further enacted, That it shall be lawful for order inhab the mayor, aldermen and commonalty of the said city, in common provide fire-council convened, by ordinances by them for that purpose to be made, to direct the inhabitants or owners of houses and other buildings in the said city, to furnish themselves with such and so many fire-buckets, to be ready in their respective houses and other buildings, for the purpose of extinguishing fires which may happen in And to im- the said city, and to impose and establish such reasonable fines, ties for neg- penalties and forfeitures for every neglect, default or disobedience lect. thereof, as they shall think proper. pose penal buckets, Loss of fire- LXXIX. And be it further enacted, That in case any person shall and lose any bucket at any fire which may happen in the said city, and by the cor-shall within sixty days thereafter make proof thereof before the when poration. mayor, recorder, or one of the aldermen of the said city, of the value of such bucket, and that the same was actually lost or destroyed in that service, in such case the mayor, aldermen and commonalty of said city, in common council convened, shall, by warrant under the hand of the mayor or recorder, presiding at such common council, directed to the chamberlain of the said city, order the value of such bucket to be paid to such person so making proof of the loss thereof, out of any moneys remaining in his hands for the contingent expenses arising in the said city; and if any person shall, at any time thereafter, be convicted of having taken a false oath 3 touching the premises, such person shall incur the penalties of wilful and corrupt perjury. Lost buckets to whom to found. LXXX. And be it further enacted, That if any such buckets, so proved to be lost, shall afterwards be found, the property thereof belong when shall thenceforwards be in the mayor, aldermen and commonalty of the city of New York, unless the owner thereof will take back the same, and return the money allowed and paid for the loss thereof. DESTRUCTION OF BUILDINGS. of fire, the order be pulled sustained how ascer LXXXI. And be it further enacted, That when any building or In case buildings in the city of New York shall be on fire, it shall be law-mayor, &c., ful for the mayor, or, in his absence, the recorder of the city, with buildings to the consent and concurrence of any two of the aldermen thereof, or down. for any three of the aldermen, to direct and order the same, or any other building which they may deem hazardous, and likely to take fire, or to convey the fire to other buildings, to be pulled down or destroyed; and, upon the application of any person interested in such building so pulled down or destroyed, to the mayor or recorder, or any two aldermen, it shall be their duty to issue a precept for a jury to inquire of and assess the damages which the Damages owners of such building, and all persons having any estate or inte- thereby, rest therein, have respectively sustained by the pulling down or tained." destroying thereof; which precept shall be issued, directed, executed, returned and proceeded upon, and the proceedings thereon shall take effect, as nearly as may be, in such manner as by the two hundred and nineteenth section of this act are directed, in relation to ground taken for the purposes therein mentioned; and, the said inquiry and assessment having been confirmed by the Mayor's Court, the sums assessed by the said jury shall be paid by And to be the said mayor, aldermen and commonalty, to the respective per-poration to sons in whose favor the jury shall have assessed the same, in full taining loss. satisfaction of all demands of such persons respectively, by reason of the pulling down or destroying such building; and the Mayor's Court, before whom any such process shall be returnable, shall power to compel the attendance of jurors and witnesses upon any such assessment of damages. have paid by cor sus picious per removed LXXXII. And be it further enacted, That during the actual prev- Idle and susalence of any such fire as aforesaid, it shall and may be lawful for sons may be the mayor, recorder and each of the aldermen of the said city, to from fires. remove or cause to be removed and kept away from the vicinity. of such fire, all idle and suspicious persons, and all persons not fit to be employed, or not actually and usefully employed in the judg |
