Penalty. Proviso. Penalty for firing guns, of the city. twenty-five dollars for every offense, 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 shall 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 inclosure within the limits aforesaid, a quantity of pitch, tar, rosin, and turpentine, not exceeding, in whole, twenty barrels at any one time. 15. § 73. And be it further enacted, That if any person &c., in parts shall fire or discharge any gun or pistol, rocket, cracker, squib, or other fire-work in any street, lane or alley, garden, or other 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 offense, How recov- shall forfeit and pay two dollars and fifty cents, to be sued for, recovered, and applied as is directed in and by the last preceding section of this act; and in case any such offender be a slave, the owner or possessor of such slave shall be Masters an answerable in the same manner as if the act had been done by such owner or possessor. ered and ap plied. swerable for offenses of slave. Firemen to 16. § 74. And be it further enacted, That it shall be lawby mon ful for the Mayor, Aldermen, and Commonalty of said city, be appointed Council. in 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 have the care, management, working, and using the fire-engines, 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 fire- Their duty. men 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. Firemen exempted public du ties. 17. § 75. And be it further enacted, That the persons so to be appointed firemen, and every of them, during their from certain continuance in that office, and no longer, shall be exempted from serving in the office of constable, and from being impanneled 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 Their names firemen to be appointed by virtue of this act, shall be registered. tered 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. to be regis by the Com And further, That it shall be lawful for the Mayor, Alder- Removable men, and Commonalty of the said city, in Common Coun- mon Council. cil 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. Common Council to make rules regulations for fire 18. §76. And be it further enacted, That it shall be lawful for the Mayor, Aldermen, and Commonalty of the said city, and in Common Council convened, to make and ordain such men. rules and regulations in respect of the government and duty of the persons by them appointed firemen, in the working, managing, and frequent exercising, trying, and using of the same fire-engines, tools, and other instruments, and to impose and establish such reasonable fines, penal-And impose ties, and forfeitures upon them, or any of them, for default fines. sheriff, dep constables, in and or neglect of the duties and services thereby to be required from them, as they shall, from time to time, think proper. Duty of 19. §77. And be it further enacted, That upon the breakuty sheriffs, ing out of any fire within the said city, the sheriffs, deputy mar sheriffs, constables, and marshals, upon notice thereof, shall immediately repair to the place where such fire shall happen, with 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 city, or such of them as shall be present at such fires. Common Council to or auts to pro cure buckets. fire 20. §78. And be it further enacted, That it shall be lawful der inhabit 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 And to im city, and to impose and establish such reasonable fines, penalties, and forfeitures, for every neglect, default, or disobedience thereof, as they shall think proper. pose penalties for neglect. Loss of fire buckets, 21. §79. And be it further enacted, That in case any person shall lose any bucket at any fire which may happen in and the said city, and shall, within sixty days thereafter, make when how borne proof thereof before the Mayor, Recorder, or one of the portion o 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 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 touching the premises, such person shall incur the penalties of willful and corrupt perjury. 22.80. And be it further enacted, That if any such buckets so proved to be lost, shall afterwards be found, the property thereof shall thenceforward 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. Lost backwhen found. ets to whom to belong In case of order buildings to be 23. § 81. And be it further enacted, That when any fire, the May building or buildings in the city of New York shall be or, &c., may on fire, it shall be lawful for the Mayor, or in his absence pulled down. the Recorder of the city, with the consent and concurrence of any two of the Aldermen thereof, or 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, sustained thereby, how ascertained. Damages it shall be their duty to issue a precept for a jury to inquire of and assess the damages which the owners of such building, and all persons having any estate or interest therein, have respectively sustained by the pulling down or 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 219th section of this act are directed (and which will be found at the close of this act), 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 mobe by the said jury shall be paid by the said Mayor, AlderPersons ses men, and Commonalty, to the respective persons in whose favor the jury shall have assessed the same, in full 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 have power to compel the attendance of jurors and witnesses upon any such assessment of damages. And to poration to taining loss. Idle and suspicious be from fires. 24. § 82. And be it further enacted, That during the persons may actual prevalence of any such fire as aforesaid, it shall and may be lawful for the Mayor, Recorder, and each of the Aldermen of the said city, to 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 judgment of the said Mayor, Recorder, or Aldermen, in aiding the extinguishment of such fire, or in the preservation of property in the vicinity thereof. Damages for pulling 25. § 83. And be it further enacted, That the sum assessed down build by such jury as aforesaid, for any building so pulled down |