Courts to quire and prevent of such offenses, and are hereby enjoined and required, in all and charge grand every of the charges hereafter to be made or given by them Jurors to in to the grand juries in their respective courts, strictly to lenses. charge such grand jurors diligently to inquire of, and to present all offenses against this act, and the court to which an indictment or presentment shall be preferred for such offense, shall be, and hereby is empowered and enjoined to prosecute such indictment, or cause the same to be prosecuted in the usual manner of prosecution; and, upon conviction, to adjudge such fines and penalties as they, in discretion, shall think fit and proper; and also, in discretion, to cause such nuisance to be abated removed. their And to im- pose fines, such abated. cause nui how repair 6. § 64. And be it further enacted, That if any dwelling- Buildings, house, store-house, or other building already erected, and ed. now covered with boards or shingles, within the said city, southward and westward of the line last mentioned, shall at any time hereafter require to be new roofed, it shall and may be lawful for the proprietor or proprietors thereof, to roof the same with boards or shingles, or in such other manner as was customary before the passing of this act, any thing herein contained to the contrary notwithstanding. Roofs and of churches, and other buildings, may be and covered with 7. § 65. And be it further enacted, That all roofs, steeples, cupolas, and spires of churches, and all other public build- steeples ings, may be covered with boards and shingles; and all a certain privies, not exceeding ten feet square, and fifteen feet in built height; and all fire-engine houses of the Corporation, and wood. all lime-houses, which shall be erected by the express permission of the Corporation, may be built of wood and boards, or brick and stone, and covered with boards and Gunpow. der, how and kept. shingles, any thing in this act to the contrary notwithstanding. 8. § 66. And be it further enacted, That it shall not be where to be lawful for any person or persons to have or keep any quantity of gunpowder, exceeding twenty-eight pounds weight, in any one place, house, store, or outhouse, less than one mile to the northward of the City Hall of the said city, except in the public magazine, at the fresh water, which said quantity of twenty-eight pounds shall be separated in four stone jugs, or tin canisters, each of which shall not contain more than seven pounds; and if any person or persons shall keep any greater quantity than twenty-eight pounds in any one place, house, store, or outhouse, or if the same gunpowder so permitted to be kept as aforesaid, shall not be separated in the manner herein above directed, he, she, or they shall fortify all such gunpowder so kept contrary to the true intent and meaning of this act, or so permitted to be kept, and which shall not be separated as aforesaid, and shall also forfeit the sum of one hundred and twenty-five dollars for every hundred weight of powder, and in that proportion for a greater or less quantity; to be recovered with costs of suit, in any court having cognizance thereof, by any person or persons who will sue for the same; provided always, that all actions and suits to be to time of commenced, sued, or prosecuted, against any person or persons, for any thing done contrary to this and the two following sections of this act, shall be commenced, sued, or prosecuted within two calendar months next after the offense committed, and not at any time hereafter. Under a penalty. Proviso as commencing suit. And to avoid dangers from gunpowder, laden on board of any ship or vessel arriving from sea, Command ers and own to land and store gun in twenty. ter arrival. 9. § 67. Be it further enacted, That the commander, or owner or owners of any ship or other vessel, arriving from ers of vessels sea, and having gunpowder on board, shall within twenty- powder with four hours after her arrival in the harbor, and before such four hours af ship or other vessel shall be hauled alongside of any wharf, pier, or key within the said city, land the said gunpowder, by means of a boat, or boats, or other small craft, at any place on the East river, east of Walnut street, or at any place on the North river, to the northward of the outlet of Lispenard's meadow, which may be most contiguous to any of the magazines, and shall cause the same to be stored in one of the magazines now built, or hereafter to be built for that purpose, on pain of forfeiting all such gunpowder, to any Under pen person or persons who will sue and prosecute for the same feiting to effect, in manner aforesaid. And to prevent any evil consequences which may arise from the carriage of gunpowder, alty of for same. the How gun powder is to through the 10. § 68. Be it further enacted, That all gunpowder which shall be carried through the streets of said city, by carts, be conveyed carriages, or by hand, or otherwise, shall be in tight casks, streets. well headed and 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 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. On suspicion of gunpowder being ed, how war same. 11. § 69. And be it further enacted, That it shall and conceal may be lawful for the Mayor or Recorder, or any two Alderantar men of the said city, upon application being made by any to search for inhabitant or inhabitants of the said city, and upon his or their making oath of reasonable cause of suspicion, of the sufficiency of which the said Mayor, or Recorder, or Aldermen is or are to be 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 daytime, in any building or place whatsoever, within the limits aforesaid, or in any ship or other vessel, within fortyeight 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 gunpowder 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 liable to any action or suit for the detention thereof. Proviso. Provided always, 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 or state, nor to authorize the searching for gunpowder on board of any such ship or vessel while lying in the stream, and upwards of one dred yards from the wharf or shore. hun of Gunpowder pounds found during a fire, may be seiz ed and con demned. 12. § 70. And be it further enacted, That if any gun- exceeding 28 powder, exceeding twenty-eight pounds, shall be found in the custody of any person, during any fire, or alarm fire in the said city, by any fireman of the said city, it shall be lawful for him to seize the same, without 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. hemp, and to kept only in ap proved of by Common 13. § 71. And be it further enacted, That from and after Sulphur, the passing of this act, no greater quantity of sulphur than a be ten hundred weight, and no greater quantity of hemp and p flax than twenty hundred weight, shall be put, stored, or council. 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 of twenty-five dollars for every offense, or re- Penalty. fusal 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. 14. § 72. And be it further enacted, That no pitch, tar, turpentine, rosin, spirits of turpentine, linseed oil, or shingles, shall be put in any place in the city of New York, to the southward of the fresh water, other than in such places as shall be appointed and approved of by the Mayor, Aldermen, and Commonalty of said city, under the penalty of turpentine, Pitch, tar, resin, etc., to places a Council. be kept only proved by the Common |