shall not be included in the first section. by the act of May 1852. bounds, said city, that is to say, within that part of the said city, situate between the above-mentioned line and a line beginning at the North river, at a place called Dekleyne's ferry, Extended a little to the northward of the State prison, and running 1st, thence, easterly, in front of the new banking-houses, to the road, commonly called the Sandy Hill road; and through the said road to the northward of the Potter's field and the house of William Neilson, to the Bowery; and across the Bowery, to a street commonly called Stuyvesant street, and through the middle thereof, to the East river (and which shall not be included within the first section of this act); and which, from the surface or level of the street or ground to which such building shall adjoin, either in the front or in the rear, to the foot of the rafter, shall be more than thirty feet, or of more than two stories, shall be made or constructed of stone or brick, with party or fire-walls, rising at least six inches above the roof, and shall be covered, except the flat roof thereof, with tile or slate, or other safe materials against fire, and not with boards or shingles; provided such flat do not exceed two equal fifth parts of the space of such roof, and that there be erected around the same a substantial balcony or balustrade. Proviso. Buildings erected cou last section, § 4. And be it further enacted, That if any dwelling-house, trary to the store-house, or other building whatsoever, shall be erected proprietors or roofed, contrary to the last preceding section of this act, four hundred the proprietor or proprietors thereof shall, for every such shall forfeit dollars. offense, forfeit and pay the sum of four hundred dollars; and every builder who shall build or roof, or assist in building or roofing such dwelling-house, store-house, or other building, contrary to the last preceding section, whether he be the proprietor or not, shall, for every such offense, forfeit and pay the sum of two hundred dollars; to be recovered, with costs of suit, in any court of record within this State, by the treasurer or chamberlain of the said city, for the use of the poor thereof; and when recovered, shall be appropriated by the Common Council of the said city, in the manner aforesaid; and no such action or suit shall be abated or discontinued by the death, resignation, removal from office, or other change of such treasurer or chamberlain, but shall and may be continued and prosecuted to effect by his successor. And the more effectually to prevent the erection of any dwelling-house, store-house, or other building within the said city, contrary to this act, Buildings erected con act deemed § 5. And be it further enacted, That every such dwellinghouse, store-house, or other building, which after the trary to this passing of this act, shall be erected or roofed within the nuisances. said city contrary to this act, shall be deemed a common nuisance; and the Justices of the Supreme Court, and the Justices of the Court of Oyer and Terminer and General Jail Delivery, and the Justices of the Courts of General Sessions of the Peace, shall, within the said city, have cognizance of such offenses, and are hereby enjoined and required, in all and every of the charges hereafter to be made and given by them to the grand juries in their respective courts, strictly to charge such grand juries diligently to inqure into, and to prevent 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 prosecutions; and upon conviction, to adjudge such fines and penalties as they, in their discretion, shall think fit and Certain buildings ed with shin proper; and also in their discretion, to cause such nuisance to be abated and removed. 6. And be it further enacted, That if any dwelling-house, may be roof store-house, or other building already erected, and now gles. 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 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. and cupolas, &c. Steeples § 7. And be it further enacted, That all roofs, steeples, cupolas, and spires of churches, and other public buildings, may be covered with boards and shingles; and all privies, not exceeding ten feet square, and fifteen feet in height; and all fire-engine houses of the Corporation, and all limehouses which shall be erected by the express permission of the Corporation, may be built of wood and boards, and covered with boards or shingles; any thing in this act to the contrary notwithstanding. Part of a repealed. Proviso. § 8. And be it further enacted, That the fifty-ninth, sixformer law tieth, sixty-first, sixty-second, sixty-third, sixty-fourth, and sixty-fifth sections of the act, entitled "An act to reduce several laws relating particularly to the city of New York in one act," passed April 9, 1813, be, and the same hereby are repealed; provided, however, that such repeal shall not affect any suit or prosecution commenced, or penalty or offense incurred or committed previous to the passing of this act, but every such suit or prosecution may lawfully proceed, and every such penalty or offense be demanded, prosecuted, recovered, or punished, as the case may be, as if the said sections of the said act had remained in full force. 39th SESSION. СНАР. 104. AN ACT granting privileges to the Firemen of the city PASSED April 12, 1816. Firemen ter a certain term. § 1. Be it enacted by the people of the State of New exempted, af York, represented in Senate and Assembly: That every person, who on the first day of May next, shall have been a fireman of the city of New York during twenty years, and who shall serve as such one year thereafter; and every person who, on the first day of May next, shall have been such fireman during fifteen years, and who shall serve as such three years thereafter; and every person who, on the first day of May next, shall have been such fireman twelve years, and who shall serve as such four years thereafter; and every person who, on the first day of May next, shall have been such fireman ten years, and who shall serve as such five years thereafter; and every person who, on the first day of May next, shall have been such fireman eight years, and shall serve as such six years thereafter; and every person who, on the first day of May next, shall have been such fireman six years, and who shall serve as such seven years thereafter; and every person who, on the first day of May next, shall have been such fireman four years, and shall serve as such eight years thereafter; and every person who, on the first day of May next, shall have been such fireman two years, and shall serve as such nine years thereafter; and every person who may become a fireman after the first day of May, and shall serve as such ten years thereafter, shall be forever after such services exempted from serving as a juror, in any of the courts of this State, and from all militia duty, except in case where the militia are ordered into actual service. (The first section was repealed by the act of 4th of April, 1829.) Certificates §2. And be it further enacted, That certificates of the to be signed by the Clerk time that such persons as aforesaid have served as firemen, of the Com and Chief Engineer. mon Council signed by the Clerk of the Common Council of the said city, and by the Chief Engineer, shall be sufficient evidence thereof. Fire Depart ment contin ued as body corporate. And be it further enacted, That the Fire Department of a the City of New York and their successors, shall continue to be a body corporate and politic, in fact and in name, until the first day of May, in the year of our Lord one thousand eight hundred and thirty-eight, with all the rights powers, and privileges, and subject to all the provisions, restrictions, limitations, and conditions mentioned and contained, in the act entitled, "An act to incorporate the firemen of the city of New York." |