§ 18. Public buildings, mentioned in preceding sections, are hereby defined to be such buildings as shall be owned and occupied for public purposes by this State, the United States, or the Corporation of the City of New York. Public buildings. ferry-houses. 19. All privies, not exceeding ten feet square and fifteen Privies and feet in height, and all ferry-houses which shall be erected with the express permission of the said Corporation, may be built and covered with wood, boards, or shingles; and all such ferry-houses so erected, shall not be used for any other purpose than a ferry-house. § 20. All ash-holes or ash-houses within the said city, Ash-houses. shall be built of stone or brick, without the use of wood in any part thereof. 21. No wooden shed shall be erected or permitted, to the southward of said line, which shall exceed twelve feet in height from the level on which it is placed, to the peak or highest part thereof, nor unless one whole side of the same shall be left entirely and constantly open. Nothing in this section or in this act shall be held or construed to prohibit the erection of any inclosed piazza, platform, or balcony, if not to exceed eight feet in width, on a level with the first floor of any such dwelling-house to which the same shall be attached; nor the erection of any bay-window on a level with the first floor as aforesaid; provided that no piazza, platform, balcony, or bay-window shall extend above the second floor of any such dwelling-house; and provided that such piazza, platform, or balcony have end walls built of brick, stone, or other fire-proof material. Nothing in this section, or in this act, shall be construed to prohibit the erection of a bay-window not exceeding two stories in height. Sheds, pi azzas, &c. frame build ings. Wooden or § 22. No wooden or frame building whatever in said city, situated to the southward of said line, whether the same may have a brick front or otherwise, shall be altered, raised, enlarged, or built upon, or removed from one lot to another, southward of said line, provided, however, that brick front frame dwelling-houses and wooden dwellinghouses only, may be raised under the circumstances and in the manner specially provided in the seventeenth section of this act. Frame buildings paired. § 23. Every wooden building or frame building with a may be re- brick, or with any other front, situate in said city, to the southward of said line, which may hereafter be damaged by fire to an amount not greater than two thirds of the value thereof, exclusive of the foundation, may be repaired or rebuilt; but if such damage shall amount to more than two-thirds of such value, exclusive of the foundation, then such building shall not be repaired or rebuilt, but shall be taken down or removed. Owners of buildings and ens to agree. 24. The amount or extent of such damage by fire, Fire Ward mentioned in the last preceding section of this act, shall be determined by two disinterested persons residing in the said city, one of whom shall be appointed by the owner or owners of said building, and the other by the Board of Fire Wardens of the Fire Department of the said city; and in case two such persons disagree, they are to select a third disinterested person, and the decision in writing, of any two of them, shall be final and conclusive in the premises; and such building shall not be repaired or rebuilt until after the appointment of such persons as aforesaid, nor until after their decision shall be made in writing, as aforesaid, finding that such damage does not exceed two thirds of the value of such building, as it existed before such fire, exclusive of the foundation. § 25. No brick or stone dwelling-house, store, storehouse, or other building, now erected, or hereafter to be erected, to the southward of said line, shall be altered, raised, enlarged, or built upon, in such manner that such dwelling-house, store, store-house, or other building, were it wholly built or constructed after the passage of this act, would be in violation of any of the provisions of this act. Alteration to buildings. of this act. 26. The sections and provisions of this act shall be Application applicable to every brick dwelling-house, store, store-house, or other brick building hereafter to be erected or built in any part of the city and county of New York. § 27. The owner or owners of any dwelling-house, store, store-house, or other building, or of any frame building, with or without a brick front, or of any wooden building, or of any ash-house, ash-hole, or wooden shed, whether he or they be the owner or owners of the land in fee, or be the lessee or lessees thereof, or has or have a qualified or contingent interest therein, by virtue of some agreement or contract in writing, or in any other manner, who shall violate any provision of this act, and every master-builder, master-carpenter, master-mason, or master-roofer who may be employed or assist therein, shall, for every such violation, respectively forfeit and pay the sum of one hundred dollars, after notice to remove the same shall have been given. Such notice may be signed by any trustee of the Fire Department, or by any of the Fire Wardens of the City of New York, and may be served by any person upon the builder or his foreman. Such notice may be given by serving the same personally on such owner or owners, or any one of them, and the penalties imposed may be recovered in any other suit or suits to be brought by the Fire Department of the City of New York, for that purpose. for tions. Penalties viola Recovery of penalties 28. All pecuniary penalties imposed by this act may imposed. be sued for and recovered, with cost of suit, in any Court Courts for action to be had in. Time of forfeiture. Time for the service of Record within the city of New York, by the Fire Department of the City of New York, in their own name, and for their own use. § 29. The Supreme Court of the State of New York, and the Court of Common Pleas for the City and County of New York, and the Superior Court, shall respectively have power and jurisdiction in an action to be brought by the said Fire Department, to restrain, by injunction, the erection or alteration of any such dwelling-house, store, storehouse, or other building, dangerous to the life of any person; and to adjudge and decree that such dwelling-house, store, store-house, or other building, whether erected or altered, or in course of erection or alteration, shall be taken down and removed. § 30. All actions for any forfeiture or penalty incurred under this act, shall be commenced within one year next the time of incurring such forfeiture or penalty. § 31. If any cause of violation of any provisions of this of notice for act shall not be removed within ten days after service of violation. the notice provided for in the twenty-eighth section of this act, the Supreme Court of the State of New York, and the Court of Common Pleas for the City and County of New York, and the Superior Court, shall respectively, in addition to the power of enforcing the penalties as now provided by law, and as provided by this act, for such violation, have power and jurisdiction, in an action to be brought by the said Fire Department, to restrain, by injunction, the further erection, building, raising, altering, enlarging, or building upon such dwelling-house, store, store-house, building, ash-hole, ash-house, wooden shed, wooden building, or frame building; and also to adjudge and decree that such dwelling-house, store, store-house, building, ash-hole, ash-house, wooden shed, wooden building, or frame building, whether erected, built, raised, altered, enlarged, removed, or built upon, or in the course of erection, building, raising, altering, enlarging, removing, or of being built upon, shall be taken down and removed. 32. It shall be the duty of the Sheriff of the city and county of New York, to execute any decree provided for in the thirty-second, and in the last preceding section of this act, upon receiving a certified copy thereof. § 33. All laws, and parts of laws, heretofore passed, inconsistent with the provisions of this act, are hereby repealed; but such repeal shall not affect any suit or prosecution commenced, or penalty incurred, or offense committed previous to the first day of May next; but every such suit or prosecution may lawfully proceed, and every such penalty be demanded and recovered, and every such offense prosecuted and punished, as if the said laws and parts of laws, hereby repealed, had remained in full force. Sheriff to execute. Laws re pealed. effect. § 34. This act shall take effect on the first day of June Act to take next; and the Common Council of the City of New York shall publish this act once a week in every paper employed by them, from thirty days after the passage thereof, until that day. |