like materials now covered with boards or shingles within the said city, may be new steeples of and covered VII. And be it further enacted, That all roofs, steeples, Roofs and cupolas and spires of churches, and other public buildings, churches, and may be covered with boards and shingles; and all privies certain other buildings, not exceeding ten feet square and fifteen feet in height, may be built and all fire engine houses of the corporation, and all lime with materihouses which shall be erected by the express permission als of wood. of the corporation, may be built of wood and boards, or brick and stone, and covered with boards or shingles, any thing in this act to the contrary notwithstanding. VIII. And be it further enacted, That from and after Storing of the passing of this act, no greater quantity of sulphur and flex reg fulphur, hemp than ten hundred weight, and no greater quantity of hemp ulated, 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 Rutgers' 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 Penalty for of twenty-five dollars for every offence or refusal to re-offending move 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 as the other penalties of this act are directed to be applied. therein. Msolete IX. And be it further enacted, That the act entitled An Certain acts act for the more effectual prevention of fires, and to regulate repealed. buildings in the city of New-York, and to repeal and explain certain acts therein mentioned, passed the 8th of April, 1796, and the amendment thereto passed the 3d April, 1797, and the acts therein mentioned, and thereby repealed, shall except as to the double taxes thereby imposed and already incurred, and except as to suits now depending, be and hereby are repealed. regulated. X. And be it further enacted, That no pitch, tar, turpen- The keeping of pitch, tar tine, rosin, spirits of turpentine, linseed oil, or shingles, and certain shall be put in any place in the city of New-York to the other articles southward of the Fresh water, other than in such places as shall be appointed and approved of by the mayor, aldermen and commonalty of the sal city, under the penalty Penalty for of fending there, of twenty-five dollars for every offence or refusal to re- in how fued move the same, to be sued for and recovered with costs be- for & applied. fore 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 Provifo as to the use of the poor thereof; Provided however, That it hip chandlers shall be lawful for any of the ship chandlers in the said Penalty for firing guns, rockets, &c. in certain York. city to keep in any inclosure within the limits aforesaid a quantity of pitch, tar, rosin or turpentine, not exceeding in the whole twenty barrels at any one time. XI. And be it further enacted, That if any person shall fire or discharge any gun, pistol, rocket, cracker, squib, or other firework, in any street, lane for alley, garden or other parts of New inclosure, or 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 forHow fued for feit and pay two dollars and fifty cents, to be sued for, recovered and applied as aforesaid; 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 possessor. and applied. Mafters an fwerable for the offences of their flaves. Firemen appointed by the common Council. XII. And be it further enacted, That it shall be lawful for the mayor, aldermen and commonalty of the said city in common council convened, and they are hereby required, from time to time, 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 have the care, management, working and sing the fire engines, and the other tools and instruments now provided or hereafter to be provided for extinguishing of fires within the Their duties. 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 manage, work and use the same fire engines and other the tools and implements aforesaid. Exempted from certain Their names XIII. And be it further enacted, That the persons so to public duties. be appointed firemen, and every of them, during their continuance in that 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 to be register 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 certificate shall be sufficient evidence in all courts and cases of such exemption; And further, That it shall by the com- be lawful for the mayor, aldermen and commonalty of the said city in common council convened, 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. ed with the elerk. Removable mon council. Common XIV. And be it further enacted, That it shall be lawful council to pre for the mayor, aldermen and commonalty of the said city in common council convened, to make and ordain such rules and regulations in respect of the government and duty of fcribe rules for the fire men, fines. Duty of ther and marthals incafe of fires, iff, conftables the persons by them appointed firemen, in the working, managing and frequent exercising, trying and using of the And impofe same fire engines, tools and other instruments, 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. XV. And be it further enacted, That upon the breaking out of any fire within the said city the sheriff, deputy sheriffs, constables and marshals, upon notice thereof, shall immediately repair to the place where such fire shall hapwith their rods, staves and other 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. depen XVI. And be it further enacted, That it shall be lawful for the mayor, aldermen and commonalty of the said city in common 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 the said city; and to impose and establish such reasonable fines, penalties and forfeitures for every neglect, default or disobedience thereof as they shall think proper. Common council to or vide fire And to im pofe fines for difobedience. & how borne XVII. And be it further enacted, That in case any per- Lofs of fire son shall lose any bucket at any fire which may happen buckets when in the said city, and shall within sixty days thereafter by the corpo make proof thereof before the mayor, recorder or one of ration. 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 the 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 monies 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 touching the premises, such person shall incur the penalties of wilful and corrupt perjury. Penalties of falfe fwear. ing in refpect to the fame. Additional pi lotage when allowed. Pilotage for tom:s. Compenfation Rates of pilot- ed by any such pilot for any such ship or other vessel coming into the said port of New-York, unless such pilot shall take charge of such ship or vessel to the south of the upper middle ground. XXIII. And be it further enacted, That between the first day of December and the first day of March inclusive in every year, every such pilot may ask and receive the additional sum of four dollars for any ship or other vessel drawing ten feet water and upwards, and for every ship or other vessel drawing less than ten feet water the addi tional sum of two dollars. XXIV. And be it further enacted, That it shall be lawful for every branch pilot or deputy pilot aforesaid to ask and receive from any person who shall employ him to pilot any ship or other vessel, being a foreign bottom, the sum of two dollars and fifty cents on every such ship or vessel in addition to the rates of pilotage allowed as aforesaid. XXV. And be it further enacted, That for every day which any pilot aforesaid shall be required to remain or be detained on board any ship or other vessel, by the master thereof, waiting for a fair wind or otherwise, he may demand and receive the sum of one dollar and fifty cents. XXVI. And be it further enacted, That every branch pilot appointed to pilot vessels through the East-river or Sound, commonly called Hell Gate, may demand and receive from the master of any ship or vessel to whom he shall tender his services as a pilot, and by whom the same shall be refused, and for detention on board of any vessel waiting for a fair wind or otherwise, the same compensation as is herein before allowed to the other branch pilots. of the port of New-York, and in all other cases they may demand and receive such rates of pilotage as shall be established by the master and wardens aforesaid for such piCoafting vef- lots; Provided however, That nothing shall be demanded fels exempted from pilotage. or received from the master or owner of any vessel employ ed in the coasting trade between the port of New-York and any port of the United States for refusing to receive and employ such pilot. CHA P. CLXVIII. An ACT relative to the Election of Charter Officers, and lative to Weigh-Masters in the City of New-York. Passed 7th April, 1801. re E it enacted by the People of the State of New-York, represented in Senate and Assembly, That all officers to be chosen or appointed in and for the city of NewYork by virtue of the charter thereof, shall be chosen or appointed on the third Tuesday of November in every in courts in ties to be the clerk pear at any court in N. York to be tranfmitted police office, shall forthwith be lodged in the said police office by the chancellor, judge, mayor, recorder, special justice or other magistrate taking the same; and every recognizance for the appearance of parties or of witnesses at any court to be held in the said city, and every examination or deposition respecting offences charged to have been committed in the said city, taken in any other county, shall be transmitted by the magistrate taking the same to the clerk, to be lodged in the said police office; and as often as any recognizance for the appearance of Recognizan parties or witnesses at any court to be held in any other ces to appear county, or any examination or deposition respecting other counoffences charged to have been committed in any other tranfmitted county, shall have been taken or lodged in the said po- bych court lice office, the clerk shall transmit the same to the clerks of the respective counties that at every term of the su- And recognipreme court, and at every sessions of oyer and terminer zances to ap and gaol delivery and of the peace, to be held in the said city, the clerk of the said police office shall deliver into court all recognizances which shall then be in the said with the exe po- aminations to lice office for the appearance of persons at the said courts fuch court. respectively, together with all examinations and depositions which shall then be in the said police office respecting offences charged to have been committed in the said city; that it shall among other things be required of the Duties of the said clerk to reduce to writing all examinations and de- clerk. positions, and to make out in due form all recognizances and all warrants and other precepts, which shall be made, taken or issued before or by any magistrate in the said police office, and generally to do and perform all such services and business in the said police office as shall be to be done and performed in writing; and to do and perform every such other reasonable service and business relating to his trust as shall be required of him by the magistrates or magistrate who at the time shall be and attend in the said police office, and to have the charge and custody of all recognizances, examinations and depositions which shall have been taken or lodged in the said police office, until the same shall be delivered into the respective courts, or transmitted to the respective counties as the case shall be, and of all other papers in the said police office. nizances to en on licence V. And be it further enacted, That if any recognizance Certified co shall be taken before any court within the said city for piza of recog good behaviour or keeping the peace, a certified copy of keep the the record thereof taken from the minutes forthwith shall peace, or giv be lodged by the clerk of the court in the said police of- to retail lifice; and all recognizances from persons obtaining licen- lodged in the ces or permits to retail strong or spiritous liquors within the said city, in future shall be lodged in the said police office; and it shall be the duty of the said special justices at all times to be vigilantly observant of the demeanor of quors, to be faid office. |