mm SEYMOUR DURST When you leave, please leave this book Because it has been said "Sver'thing comes t' him who waits Except a loaned book." Avery Architectural and Fine Arts Library Gift of Seymour B. Durst Old York Library Digitized by the Internet Archive in 2013 http://archive.org/details/lawsordinancesorOOnewy LAWS AND ORDINANCES, ORDAINED AND ESTABLISHED BY THE MAYOR, ALDERMEN, AND COMMONALTY OF THE CITY OF NEW-YORK, IJV COMMOK^COUNCIL COJVVEJVED, FOR THE GOOD RULE AND GOVERNMENT OF THE INHABITANTS AND RESIDENTS OF SAID CITY, Passed and published the ISth day of Apnl^ 1803, IN THE MAYORALTY OF « EDWARD LIVIJVGSTOJsr. NEW-YORK : PRINTED BY GEORGE F. HOPKINS, AT WASHINGTON'S KEAD^ NO. 118, PEARL-STREET. 1803. CONTENTS. PAGE. A Law for the due observance of the Lord's- Day, called Sunday, . > v s Imw directing the uses of the public seals, 6 Laiv to regidate the admission of freemen ^ 7 Law to regulate the public markets^ 8 Law for establishing the assize of bread, 1 5 Law for the appointment of a street commis- sioner, ^c. ■ 21 Laiv for the appointment of a super int end- ant oj scavengers)^ c^c, 29 Lazo for preventing and extinguishing fires, 42 Law to regulate the keeping of gun-powder, 49 L.ai turpentine, grind-stones, anchors, bricks, or other kind of lumber aforesaid, to be carted or removed from such street, wharf, or pier, which shall be encumbered with the same, into the yard of the Alms-house or Bridewell of this city, and to direct the immediate sale of so much thereof as will be sufficient to pay such forfeitures as aforesaid, and the expense of such cartage or removal, and that the remainder shall continue in the yard of the Alms house or Bridewell, until the owmer or own- ers shall appear, prove his or their property, and pay to the Treasurer or Chamberlain of this city, for the use of the Corporation thereof, two cents for every cart load thereof, for every day that the sam^ shall remain in either of the said yards. 12. And be it further ordained^ That it shall not be lawful for any person to make, erect, or have any bow-window, or other window, to pro- ject into the street beyond the front of his or her house, or to hang or place any sign, to extend into the street more than one foot beyond the front of his or her house or lot, in any part of the city to the southward and westward of Catharine-street and the Fresh Water Pond ; and if any person shall hereafter erect or make, or continue any bow-win- dow, or other window, projecting into the street beyond the front of his or her dwelling-house, con- trary to this law, every such person shall forfeit and pay the sum of seventy-five cents ^ as a fine for every day such bow-window, or other window, shall be so continued : and if any person shall hang or place any sign to extend into the street more than one foot beyond the front- of his or her house or lot, contrary to this law, every such person shall forfeit and pay, for the first oflfence, the sum of seventy-five cents J, as a fine for the same ; and for each offence thereafter, the sum of 07ie dollar and fifty cents^ as a fine for the same. 13. And he it further ordained^ That whenever the timber, which heretofore was laid to secure the front or outer edge of the foot or side-walk, in any street, shall be so decayed as to require repair, cut or square stone shall be substituted in place of the wood so decayed ; and if any foot or side-walk shall hereafter be repaired contrary hereto, the ow^ner or occupant of the house or lot fronting the same, shall pay, as a fine, at the rate of twenty- five cents for each foot in length of such foot or side-walk so repaired. 14. And he it further ordained. That if any of- fence shall be committed against this law by any apprentice, servant, or slave, the forfeiture shall be recovered against, and be paid by the master or mistress of such apprentice or servant, and the owner of such slave. 29 CHAPTER VII. A LAW For the Appointment of a Superintendant of Scaven- gers ^ and to prevent Nuisances in the City of New- York. Sect 1 T-^^ ordained by the Mayor, Aldermen, and Commonalty of the City of New- York, in Common Council convened. That from and after the first Monday in May next, a discreet and industrious person of honest fame, shall be ap- pointed, to be called and known by the name of the Superintendant of Scavengers. 2. And be it further ordained. That it shall be his duty, for and on account of this Board, to hire and employ such and so many Assistants, Scaven- gers, and other persons, as may be necessary to sweep the heads of slips and other public grounds, and to take charge of the mud machine, and su- perintend the cleaning the said slips; and to clean, carry away and sell all filth, dirt and rubbish, as may be found in the streets, and provide suitable places of deposit for the reception of the said filth, dirt and rubbish, unti> it can be so sold and re- moved. And that it shall be the duty of the said Superintendant to keep regular accounts of his ex- penditures and sales, and at least once in every year, on the first Monday in February, or oftener if he shall be thereunto required, settle the same. / 30 and lay before the Common Council such statement thereof as will enable them to ascertain the sums of money that shall have been expended on all the principal objects in his department, and likewise the amount of sales : Jnd furthevy It shall be the duty of the said Superintendent to examine into, and to direct the prosecution of all penalties incurred for breaches of ordinances relative to incumbrances by filth or nuisances, placed or found in the streets and highways, contrary to law, and particularly ^ it shall be the duty of the said Superintendant and his Assistants^ to report to the Street Covfimissioner any offences under the laxv entitled^ A Law for the appointment of a Street Commissioner, and to regu- late the paving and keeping in repair, and to pre- vent obstructions in the streets of the city of New- York>;" That suits may be brought for the same; and generally to perform such other duties in rela- tion to his office, as may from time to time be assigned to him by the Board, 3. And be it further ordained^ That the Super- intendant of Scavengers, before he shall enter upon the duties of his office, shall take an oath before the Mayor or the Recorder of the city, well and faith- fully to discharge the duties thereof. 4. A7id be it further ordained^ That he give se- curity, in the penal sum oi jive thousand dollars ^ conditioned, that the Corporation shall not sustain any loss, by his improper or unfaithful application of their monies, and to account for the same, when thereunto required. 9. And be it further ordained, That the said Su- 31 perintendant of Scavengers, as a compensation for his services, shall receive the yearly sum or salary of seven hundred and fifty dollars^ payable in quarterly payments. 6. Aiid be it further' ordained^ That the own- er or occupant of each and every house or other building, or lot or lots of ground in the said city, and adjoining to any street which is or shall be paved, ^shall twice in every week, upon the days herein after prescribed (until otherwise ordered by the Common Council of the said city) before the hour of ten in the morning, cause all the dirt and filth in their respective houses, cellars, alleys, yards and lots, to be brought out into the streets opposite to their respective buildings and lots, and shall cause all the dirt and filth in the said streets, as far as the middle of the same, and the gutter or kennel thereof opposite as aforesaid, to such buildings and lots, to be swept, scraped and collected together in heaps, in the middle of the same, in order that such dirt and filth may from time to time be re- moved by the persons who are or may be employed for that purpose by the Superintendant of Scaven- gers, under the penalty of two dollars for each neglect. And it is hereby further ordained^ Tha^ each and every occupant of any house or other building, shall be severally liable to pay the penaltv herein before mentioned. 7. And be it further ordainedy That the person having the charge of any Church, or other place of pubUc worship. College, School, Hospital, Jail, Alms-house, Prison, or Cemetery, adjoining to any 32 of the said paved streets, shall^ in like manner^ cause so much of the said streets, gutters, and ken* nels, as may be opposite thereto, and to the lots of land appertaining to the same, to be swept, scrap- ed, and cleansed, and the dirt and filth thereof col- lected and laid in heaps, twice in every week, on the days hereinafter mentioned, under the penalty of three dollars for each neglect. 8. And be it further ordained^ That the duties aforesaid shall be performed by the owners or occu- pants, and persons having the charge, as aforesaid, of houses and other buildings, and lots of ground, adjoining to the Broadway in the said city, or situ- ated to the westward thereof, which shall be call- ed the First Division^ on every Monday and Thurs- day ; and that the owners or occupants, and per- sons having the charge as aforesaid, of houses and other buildings and lots of ground in the said city, situated to the southward of the Broadway, and to the westward of the easterly side of George-street, Ferry-street, and Peck-slip, which shall be called the Second Division^ shall perform the duties requir- ed of them as aforesaid, on every Tuesday and Friday 5 and that the owners or occupants, and other persons having the charge of houses and other buildings and lots of ground in all the other parts of the said city, which shall compose the Third Division^ shall perform the said duties on every Wed- nesday and Saturday in every week, 9. A?id be it further oi^dazned, That before they proceed to the sweeping of the said streets, they shall cause the same to be sprinkled with water, under the penalty of one dollar for every offence. 33 10. And be it further ordained, That carts shall be employed to go daily, (Sundays excepted) for the purpose of collecting and removing all offals, garbage, and other filthy substances, from the cel- lars, yards and kitchens in the said city, and that the persons employed by the Superintendant to drive the said carts, shall give notice at proper intervals, of their approach, by ringing of a bell, and shall receive and carry away all such offals and garbage as may be delivered at the said carts. And it is hereby further ordained, That the inhabit- ants of the said city shall from time to time deliver to such Scavengers or other persons employed as aforesaid, all such offals and garbage as may be in their respective buildings, kitchens, cellars, or yards, under the penalty of one dollar for each neglect or refusal so to do. 11. And be it further ordained. That no person shall cast or lay in any street, lane or alley in the said city, any oysters, clams or other shell-fish, shells of any kind, ashes, cinders, manure, oflFals, garbage, vegetables, rubbish, soil, strav^, hay, lit- ter, broken glass, or earthen ware, shavings, paper or dirt, except on the days above prescribed for the sweeping and cleaning of the streets in the several parts of the said city, above designated, or for the purpose of immediate removal, and that no person shall in any manner obstruct any of the common sewers, drains, or kennels of the said city, under the penalty of tivo dollars, for every offence : And fur- ther. That no person shall cast or lay any of the articles before enumerated, in any of the slips or E 34 docks in the said city, nor any human eicctements, either in any such slip or dock, or in any street, lane or alley, in the said city, under the penalty of ten dollars for each offence. 12. And be it further ordained^ That no person shall occupy or use any part of any street, lane, or alley, or any' porch of any house or building in the said city, or erect any booth or platform in any such street, lane or alley, for the purpose of laying, opening or exposing to sale any oysters, or other kind of shell-fish, or any other fish^ provisions or goods of any kind, without the permission of the Common Council of the said city, under the penalty of twb dollars for every day. ; 13. And be it further ordained^ That no oysters shall be brought into, or sold in the said city, be- tween the first day of June and the thirtieth day of September ; and if any person do, or shall bring into the said city, any oysters, or do or shall sell in the said city, any oysters contrary to this law, such person shall forfeit and pay as a fine, two dollars for any quantity of such oysters not exceeding one hundred, and in that proportion for any greater quantity. • 14. A7id be it further ordained, That no person or persons shall have, use, make or keep in his, her or their dwelling-house, out-house, cellar, yard, or any other place whatever in any part of the said city, to the southv/ard of Grand-street, on a line running from the East to the North-river, any noisome or oflTensive substances, nor any vat, pit, or pool of standing w^ater, whether for tanners^, 35 skinners or any other use, under the penalty of jive dollars for every day the same shall be continued;, nor shall throw, spill, or empty the same, or any part thereof, in any street or place other than the current or stream of the river, under the penalty of Jive dollars for each offence. 15, And be it further ordained^ That no tanner, skinner, or other person, shall bring to, and keep in any part of the said city South and West of Catha- rine-street and the Fresh Water Pond aforesaid, during the space of twenty-four hours, any undress- ed or uncurried hides, skins or leather, or any blubber or other materials whatever, for dressing the same, which cause any noisome or offensive smell, under the penalty oi Jive dollars for every twenty-four hours the same shall be so kept : Pro- vided always^ That nothing in this clause contained shall extend, or be construed to affect any tanner or skinner, vat or vats, pit or pits, in the place commonly called Beekman's swamp, in the said city, which were made and placed there, on or be- fore the twenty-ninth day of March, one thousand seven hundred and eighty-six. 16. And he it further ordained^ That it shall be the duty of the Scavengers or Carmen employed by the said Superintendant, to remove and cart away all the dirt and filth, oifals and garbage collected in heaps as aforesaid, or which may be delivered to them in pursuance of this law, on the days on which the same shall be so collected or delivered to such place or places, and in such manner as the said Commissioners shall and may, from time to timei» 36 appoint^ under the penalty oifour dollars for every neglect. 17. And be it further ordained. That every cart employed by the said Superintendant, for the pur- poses aforesaid, shall have a tight box, the sides and forepart of w^hich shall be two feet, and the tail-board not less than sixteen inches high, and shall have the words " Dirt Cart,' and its number painted distinctly in black letters on the outside of the side -boards thereof ; and no Scavenger or Car- man shall, after the fifteenth day of May next, drive or use any cart for the purposes aforesaid,^ or any of them, unless the same shall be constructed and marked as aforesaid, under the penalty of two dollars for every offence. 18. Aiid be it further ordained. That no person or persons, except such as are employed by the said Commissioners, shall take up, carry away or remove any of the dirt or filth from the said streets, under the penalty oi five dollars for every offence : and if any licenced Carman shall be found guilty thereof, he shall forfeit his licence in addition to the said penalty. 19 And be it further ordained. That the owners or occupants of each house or lot of ground in the said city, and the person having charge of every Church, Cemetery, Jail, or other public building, and the land thereto belonging, adjoining to any street that has been or shall be paved, shall, with- in twenty-four hours after every fall of snow, cause the side walks of such streets opposite to such house, lot, building, or land, to be cleared of the same. 37 unless it shall be so congealed that it cannot be broken without inj.vi.ring the pavement, under the penalty oifjty cen&yrlox the first twenty-four hours for every twenty-five feet in length that shall not be so cleared ; and under the like penalty for every twenty-four hours thereafter, and so in proportion for every greater or less space of ground remaining uncleared, and longer continuance of such neglect. 20. And be it further ordained^ That no person shall inter any corpse in any Cemetery, or other place in the said city, to the southward and west- ward of Pump-street and Nicholas-street, unless in vaults or graves that shall be at least six feet deep, and without removing, disturbing, or exposing any other dead body or coffin, under the penalty of ten dollars : And further^ That no corpse of any per- son who may die of any contagious or pestilential disease, other than the small-pox or measles, shall at any time be interred to the southward or wxst- ward of the said streets, under the penalty of twenty- jive dollars^ to be paid by every person oflfending in the premises, or assisting therein ; and if any porters or other persons who may be employed in carrying the dead to the place of interment, do, in passing through the street with a dead body, make use of or pass along the side walk of any street, every such porter or other person shall, for every offence, for- feit and pay jve dollars. 21. And be it farther ordained^ That no made ground, or ground formerly covered with salt or stagnant water, within the said city, shall be turn- ed up, or the surface thereof removed, at any time 38 - during the months of June, July and August, un- less by special permission of the Common Council of said city, under the penal ty??i^^ tzventy-Jive dollar's for every offence. 22. And be it further ordained. That the Street Commissioner and the Superintendant of Scaven- gers and his Assistants, shall and may, from time to time, view and examine between sun-rise and sun-set, all sunken lots, deep damp cellars, and all sinks and privies in the said city, which they may know or be informed are foul, and ill constructed, and shall and may direct the cleaning, altering and amending of the said sinks and privies, and the re- moval of all nuisances existing in and about the same, and the Street Commissioner shall and may direct the filling up, draining and raising of the said lots and cellars, and also shall and may report, from time to time,' to the Common Council of the said city, all such lots, yards, cellars, sinks and privies, and all such public slips, as shall and may from time to time require to be altered or amended by the authority of the Corporation of the said city. 23. And he it further ordained. That if any car- man or other person shall take up shavings from any workshop or other building, for the purpose of removal, and spill or scatter any part thereof in any street of this city, he or they shall pay as a penalty for every load or parcel so carelessly re- moved, the sum of one dollar for each and every offence. 24. And be it further ordained. That all sand or clay shall be carted in tight boxes, the sides and 39 forepart of which shall be two feet, and the tail- board not less than sixteen inches high, and well secured, so as to prevent any part of it falling or scattering in the street ; and that no person shall cart or sell any sand or clay in any other manner, under the penalty of one dollar for each load. 23, A7id be it further ordained. That it shall not be lawful for any goats or swine to go at large in any part of this city ; and that all goats and swine at any time found going at large in this city, shall l3e thereby forfeited to, and become the property of ^ny person who shall seize and take up such goats or swine : And further. That it shall be lawful for any person or persons, who shall find any goat or swine going at large, or trespassing in any place in this city, to kill or destroy, or seize and take, and appropriate such goat or swine to his or their own use, or to drive or carry such swine to the Alms-house of this city, and deliver the same to the keeper thereof, for the use of the poor of this city; and the keeper of the Alms-house shall pay to the person delivering him any such swine, the sum of 's^eventy-five cents for every such swine. And further^ Every Constable and Marshal in this city, is hereby directed and required to seize and take all swine he shall find or see going at large in this city, and to drive or carry such swine to the Alms-house in this city, and to deliver the same swine to the keeper of the said Alms-house^ for the use- of the poor of the said city; and every Constable or Marshal who shall deliver any swine so found, to the keeper of the said Alms-house> shall receive for his trouble the 40 sum of one dollar for each swine so delivered^, to be paid by the keeper of the said Alms-house. 26. And be it further ordained. That it shall not be lawful for any Carman or other person whatever, except under the direction of the Street Commis- sioner, and for public uses, to deposit or heap manure at any place to the southward of a line beginning at the outlet of the Swamp of Anthony Lispenard into Hudson's River, and running frora thence to and along the North side of the dwel- ling-house late of Nicholas Bayard, thence to and along Bullock-street to the East-river, under the penalty of twenty-five dollars for each offence, and the further penalty of one dollar for every twenty- four hours which the same shall remain so deposited or heaped. 27. And he it further ordained^ That no manure, filth or sweepings of the streets, which now is or hereafter may be collected in heaps, to the north- ward of the line last before mentioned, shall at any period, between the first day of May and the first day of December in any year, be carted down to any wharf to the southward of a line, beginning at the outlet of the swamp of Anthony Lispenard, into Hudson's River, and running from thence easterly, to the North side of Willet's-wharf, in the East- river, unless under the direction of the Superintend- ant of Scavengers, under the penalty of txventy-five dollars for each offence. 28. And be it further ordained^ That no ship or vessel of any size or description whatever^ shall come into, or lay in any public slip in this city. 41 without leave of the Superintendant of Scavengers, during the time that the mud machine and scow- belonging to the public shall or may be employed, in cleansing such slip and removing the filth and mud therefrom, and if any ship or other vessel aforesaid shall or do, v^ithout leave as aforesaid, come into such public slip, in which the said mud machine and scow shall be so employed, the master, owner, or persons having charge of such ship or other vessel, shall forfeit and pay as a fine twenty- five dollars : And further^ That if the master, own- er, or person having charge of such ship or other vessel, which shall be in such public slip, in which the said mud machine and scow shall be so employ- ed as aforesaid, shall and do neglect, or refuse to remove such ship or other vessel from such public slip, when thereunto required by the said Superin- tendant of Scavengers, he shall forfeit and pay as a fine twenty-five dollars for every twenty-four hours, and in that proportion for a shorter or longer time such ship or other vessel shall be and remain in such slip. 29. And be it further ordained, That if any of- fence shall be committed against this law% by any apprentice, servant or slave, the penalty in such case shall be recovered from, and paid by, the master or mistress of the person offending. 42 CHAPTER VIII. A LAW For preventing and extinguishijig Fires in the City of New-York. Sect 1 ordained by the Mayor, Aldervieny and Commonalty of the City of Nezv- York, in Common Council convened. That the owner or occupant of every dwelling-house within this city, having less than three fire places, shall pro- vide one leather bucket ; and having three fire- places and less than six, tioo j and having six fire- places and less than nine, four s and having nine fire-places and upwards, six j and the owner or oc- cupant of every brew-house, distilling, and sugar- house, shall provide nine buckets; and of every bake-house four buckets ; each of which buckets hereafter to be made shall be sufficient to contain at least two gallons and a half of water, and shall be marked wdth at least the initial letters of the landlord's name, or with the number of the house to which it belongs, and the name of the street in which such house is situate, and shall be hung up in some conspicuous place in the entry or near the front door of such respective houses or buildings, ready to be used for extinguishing fires when there shall be occasion: and that such buckets shall be found and provided by the persons inhabiting or occupying such houses and buildings respectively. 43 at the expense of the owner: and if such inhabit- ant or occupant be a tenant, the price thereof shall be allowed and deducted out of the rent; and in case of any neglect in any of the matters herein before mentioned, the person offending shall, for every month he shall so neglect, forfeit the sum of seventy-five cents for each bucket deficient. 2, And he it further ordained^ That so many Firemen shall, from time to time, be appointed in each of the wards of this city, as the Common Council shall deem proper, and shall be called Fire Wardens^ whose duty it shall be, immediately on the cry or notice of fire, to repair to the place where it shall be, and to direct the inhabitants in forming themselves into ranks, for handing the buckets to supply the fire engines with water, in such places, and in such manner as they may think will best an- swer the purpose, under the direction however of the Mayor, Recorder, or any Alderman or Assistant of the said city, if present : and the citizens are hereby enjoined to comply with the directions of the Fire Wardens upon such occasions, and it is expected that all other persons will refrain from giving any orders or directions upon those occa- sions, and cheerfully obey such as shall be given ty the persons authorized for that purpose : and in order that the Magistrates and Fire Wardens may be more readily distinguished at fires, the Mayor, Recorder, Aldermen and Assistants shall each have, upon those occasions, a white wand of at least five feet in length, with a gilded flame at the top; and each of the Fire Wardens shall wear. 44 upon those occasions, a cap with the city arms painted on the front, and the crown painted white, and carry in his hand, to be used as occasion may require, a speaking trumpet painted white: And the names and places of abode of the Fire Ward- ens shall be fixed up in writing in the Watch-house ; and whenever a fire happens in the night, the Watchmen shall immediately give notice to each of the Fire Wardens: and it is enjoined on the in- habitants to place a lighted candle at a front win- dow of their respective houses, in order that the people may pass through the streets with greater safety. 3. A?id be it further ordained^ That the other Firemen of the said city shall, as often as any fire shall break out in the said city, immediately upon notice thereof, repair to their respective Fire Engines, and draw them to the place where such fire shall happen, and there, by the direction of the Mayor, Recorder, Aldermen, Assistants, Engineer, orOver- seer of the fire engines, or any of them who shall be present, work and manage the said fire engines, and other tools and other instruments provided for that purpose, with all their power and skill for the speedy extinguishing such fire; and when the fire is extinguished, shall return the said fire engines and other tools and instruments, well Vv^ashed and clean- ed, to their respective places of deposit: and for the better keeping the said fire engines in good order and repair, and preserving the same from decay, the said Firemen shall, when the season of the year will permit, by the order and direction of 45 the Overseer of the fire engines, at least once in every month, and at such other time and times, when required by the Mayor, or any three Alder- men of the said city for the time being, or by order ot the Common Council of the said city, draw out the said fire engines in order to their being exam- ined, and work, manage and exercise the same, and wash and cleanse them, and see that they be in good order and condition, and fit for service upon any emergency; and if any Fireman shall neglect his duty herein, he shall forfeit and pay for every default, the sum of seventy-five cents : and if any Fireman shall neglect to attend at any such fire, or leave his engine while at any fire, or not do his duty upon such occasion without reasonable cause, he shall, for every default, forfeit and pay the sum of one dollar and fifty cents : and if any Fireman shall refuse or neglect to do his duty as such in attending fires, or in any working, managing, ex- ercising, trying or using the said fire engines and other tools and instruments provided for extinguish- ing fires, every such fireman shall, besides the fines and penalties aforesaid, be removed and displaced from his said office. 4. A7id be it further ordained, That the chief Engineer shall, as soon as may be, after any fire is extinguished, cause all the buckets to be collect- ed and carried to the City-Hall and placed upon the pavement under the hall, that the citizens may know where to find them : and if any of the back- ets be injured, he shall cause the same to be 46 repaired, and render an account of the expense thereof to the Common Council of this city, in order that the said expense may be paid out of the revenue of this city, 5. And be it further ordained^ That the Fire Wardens in each ward shall, from time to time, ex- amine the houses and buildings in their respective wards, and see that they be properly furnished with buckets according to law, and report all delinquents to the Mayor, Recorder, or one of the Aldermen of the said city ; and shall also, from time to time, examine the fire places and chimnies of all houses, out-houses, and buildings, and all stoves and the pipes thereof, and the places where ashes are or shall be kept, in their respective wards ; and upon finding any of them defective or dangerous, shall give notice thereof to the Mayor, Recorder, or one of the Aldermen of the said city, who shall, at his dis- cretion, order the same to be swept, altered, or amended; and if any person shall neglect or refuse to obey such order, such person shall forfeit and pay the sum of one dollar and twenty-Jive cents. 6. And he it further ordained^ That no person shall erect and use any stove in this city, unless the pipe or funnel for conducting the smoke thereof be led in a secure manner, so as not to endanger the building, into a proper brick or stone chimney or flue ; and if any person shall erect and use any stove contrary to this law, such person shall forfeit and pay the sum o^five dollars for each oftence, and the further sum of one dollar for every day such stove 47 shall remain contrary to this law, and after notice given by the Alderman or Assistant of the Ward to remove the same. 7. And be it further ordained, That if any per- son shall lose any bucket or buckets at any fire that may happen in this city, upon due proof be- ing made thereof, before the Mayor, Recorder, or any one of the Aldermen of the said city, and pro- duced to the Common Council of the said city, w^ithin sixty days after such loss, the said Common Council cause another or others to be made and delivered to the party, at the expense of the city: and if any person shall detain from the ov^n- er any bucket or buckets, v^hich shall be used at any fire as aforesaid, above twenty-four hours after such fire is extinguished, such person shall forfeit and pay for every bucket so detained two dollars and fifty cents. 8. And he it further ordained^ That if any chimney within this city shall take fire for want of being kept clean, the occupant thereof shall forfeit and pay the sum oifive dollars, which may be sued for and recovered in the name of the Mayor, Aldermen and Commonalty of the City of New- York, but to the use and benefit of the Fire Depart- ment, by any person who shall be appointed by the said society from time to time for that purpose. 9. And be it further ordained, That no person shall have, put or keep any hay or straw^ in stack or pile, within one hundred yards of any building on the south side of a line beginning at the outlet of the swamp of Anthony Lispenard, into Hudson's 48 River, and running from thence to and along the north side of the dwelling-house late of Nicholas Bayard, deceased, and thence along the middle of William-street to and across the Bowery-lane to Bullock-street, and thence along the middle of Bullock-street to the East River, except in close buildings proper for the purpose. Jnd also, That no person shall have, put or keep any hay or straw^ in any stable or other building not built of stone or brick, and covered with tile or slate, or other mate- rials not subject to take fire, to the southward of the line aforesaid, which is or shall be within ten feet of any chimney, hearth or fireplace, or place for keeping ashes, nor in any dwelling-house what- ever, under the penalty of ^j^ve dollars for every offence : and if any person shall continue to keep any hay or straw in any such house, stable or building, or other place aforesaid, above forty-eight hours after conviction thereof as aforesaid, he or she shall be subject to the like penalty for such continuance, and so as often as it shall happen as aforesaid. 10. And be it further ordained J'Th^t no carpen- ter, joiner, cabinet-maker, or other person, shall have or keep in his house, shop, building or yard, any shavings, for a longer time than forty-eight hours ; but every such person is hereby required to remove or cause to be removed, such shavings from his house, shop, building or yard, within the time aforesaid, under the penalty of tzvo dollars and Jifty cents for every neglect or refusal so to do : and that no person shall set on fire or burn any shavings. 49 chips, straw, or other combustibles, in any street or yard, in any part of this city, to the southward of a line to begin at the outlet of the swamp of Anthony Lispenard into Hudson's River, and to continue thence to and along the Morth side of the dwelling-house late of Nicholas Bayard, deceased, and thence along the middle of William-street to and across the Bowery-lane to Bullock-street, and thence along the middle of Bullock-street to the East River, under the penalty of three dollars for each offence. ^•^•^ CHAPTER IX. A LAW To regulate the keeping of Gun-Powder in the City of New-York. Sect 1 ^ ^'^ ^^^^^'^^^ % ^^J^^^^ Aldermen, -LI and Commonalty of the City of New- York, in Common Council convened. That no person or persons shall keep in any house, shop, store- house, or other place within two miles of the City- Hall of the said city (magazines of powder of the United States or of this State only excepted) any more or greater quantity of gun-powder at one time than twenty-eight pounds, and that in four separate stone jugs or in tin cannisters, each of which shall not contain more than seven pounds weight of gun- powder, under the penalty of twelve dollars and fifty cents for every offence. 50 2. And be it further ordained^ That for the more safe conveyance of gun-powder through this city to and from any magazine or powder-house, the storekeeper shall procure and provide good tow cloth or leather bags or covers, in order to cover all casks of gun-powder that may hereafter be con- veyed as aforesaid; and that no Carman or other person or persons whomsoever shall cart or carry any gun-powder through any street of this city, unless the same shall be covered with such tow cloth or leather bags as aforesaid, under the pe- nalty o{five dollars for every offence. 3. And be it further ordained^ That no gun- powder shall be carried out of, or brought into this city in either of the ferry-boats at the same time with passengers and horses or cattle of any kind, under the penalty of ten dollars for each offence, to be paid by the Ferry-master of such ferry. CHAPTER X. A LAW To rrgidate Surveyors in the City of New-York. Sect 1 ordained by the Mayor y Aldermen, and Commonalty oj the City of Neiv- York, in Common Council convened. That there shall be such and so many Surveyors appointed for this city, as the Common Council of the said city shall from time to time think proper s whose duty 51 it shall be to assist the said Common Council in the laying out and regulating of all the streets, roads, wharves and slips of the said city, and to lay out and survey all ground for the purpose of building on, and to advise and direct concerning the same : and that the said Surveyors so to be appointed as aforesaid, do, before they respectively enter upon the execution of the said office, take an oath well and truly to execute the same. 2. And in order that regularity and uniformity may be kept and observed in the streets and buildings within the said city. Be it further ordained^ That no person or per- sons whatsoever shall erect any building on his, her, or their ground, unless the same be previously viewed and laid out by the said Surveyors or one of them ; nor in any other manner than they or one of them (with the advice and consent of the Alderman and Assistant of the Ward where such ground lieth) shall direct, under the penalty of twelve dollars and fifty cents for each offence. 3. And be it further ordained. That for laying out each house-lot, and giving a certificate thereof, the said Surveyor or Surveyors shall have and re- ceive from the owner or owners theregf, the sum of one dollar and fifty cents. 4. And be it further ordained. That whenever the Surveyors or either of them shall be employed by order of the Common Council to take a survey, they shall have and receive at the rate of four dollars per diem for the same, and also the sum of one dol- lar per day shall be allowed them for an Assistant, when an Assistant shall be necessarv : That a protractor or profile of the survey so taken shall 52 be delivered to the Street Commissioner^ and no further or extra compensation shall be allowed therefor. 5, And be it further ordained^ That for taking a survey for the purpose of regulating and paving streets^ the said Surveyor or Surveyors shall have and receive at the rate of four dollars for each hun- dred feet so to be paved or regulated, including the numbers and breadth of the lots, the names of the owners and occupants of the same, and a profile of the said street; which sum shall be charged in the assessment of the street so to be regulated or paved. — CHAPTER XI. A LAW To regulate Carts and Carmen in the City of Neiv-York. Sect 1 ordained by the Mayor ^ AldermeUy * J3 and Commonalty of the City of Neiv- York, in Common Council convened. That no per- son shall drive any sled, cart, truck, or other car- riage for the transportation of any goods, wares, merchandizes, fire-wood, or other things whatso- ever, within the said city, for hire or wages, unless he shall be appointed or licenced as a Carman by the Mayor for the time being, under the penalty fve dollars for each offence : and that no person who hath been licenced as a Carman, and shall have been suspended or displaced by the Mayor, shall drive any cart, sled, or truck, for hire or wages - 53 as aforesaid, under the penalty of ten dollars for each offence, 2. And be it further ordained. That each sled or cart to be employed for the transportation of any goods, wares, merchandizes, fire-wood, or other things, shall be two feet five inches wide between the foremost rungs, and two feet nine inches wide between the hindmost rungs, and no more or less; and that all the rungs shall be three feet eight inches high above the floor of the sled or cart, and no more or less, under the penalty of tivo dollars and fifty cents for each oflfence, to be paid by the owner or possessor thereof. 3. And be it further ordained. That each Carman heretofore licenced, or hereafter to be licenced, shall immediately cause the number of his licence to be fairly painted upon each side of his cart with black paint upon a white ground, easily to be seen, on the square of the after part of the shaft, and so conti- nue the same, under the penalty of one dollar for every day he shall drive his cart without having the same so numbered. 4. And be it further ordained. That any licenced Carman of this city, shall and may be permitted to use iron-shod wheels under the following regula- tions, to wit. That the iron or tire round the wheels shall be in breadth not less than three inches, and that the nails wherewith the same shall be nailed or fastened to the wheels, shall be so sunk into the iron or tire, as that the heads of such nails shall not project beyond the surface thereof : and if any licenced Carman shall use any iron-shod wheels to his cart in this city contrary, or not conformable to this regulation, he shall forfeit and pay as a fine the 54 $um of one dollar and twenty-five cents for each day he shall so drive the same cart. And further^ That the rims of the wheels of all carts not shod with iron in the manner aforesaid, to be used by any licenced Carman, shall not be less than four inches and an half broad, and eight inches deep when new, on pain of forfeiting his licence and the sum of Jive dollars. 5. And be it further ordained^ That no Car- man shall drive the cart of any person or persons upon hire or on shares, under the penalty oi five dollars for each offence ; nor shall any Carman let out his cart or sled to hire, or on shares, to any per- son or persons whomsoever, or permit or hire any person to drive his cart, but shall drive it himself, unless, by reason of sickness or other disability, he obtain a licence for so doing from the Mayor, or, in his absence, the Recorder, under the penalty of five dollars ; and, upon conviction thereof, to for- feit his licence : and the person to whom such cart or sled shall be let out, shall forfeit three dollars for every day or part of a day such cart or sled shall be so let out or employed. 6. And be it further ordained^ That no Car- man, Drayman, or Water-carrier shall sit in and drive his cart, sled, dray, or other carriage, in any of the streets, (except such only as, by reason of old age or infirmities, shall be licenced for that pur- pose under the hand of the Mayor) and that no such Carman, Drayman, or Water-carrier shall drive his horse off a walk, under the penalty of se- venty five cents for each offence. 7. And be it further ordained^ That if any Car- man shall neglect or refuse to cart or employ his . 55 horse and cart or sled, for any person when requir- ed (unless he be then actually otherwise employ- ed, or unless the distance he shall be required to go shall be more than four miles from the City- Hall) such Carman shall, for every such offence, forfeit and pay the sum of three dollars, 8. And be it further ordained. That every Car- man shall, upon request, leave all other employ- ments whatsoever, to attend the riding and carting of wheat, flour, or any other merchandize, or other thing subject to damage, under the penalty of three dollars for each default. 9* And be it further ordainedy That each of the Carmen shall carry a good and sufficient load, that is to say, as much as can be conveniently stowed on his cart, and as is reasonable for one horse to draw, under the penalty of 07ie dollar; and that no Carman shall load or carry in his cart, at one time, more than one puncheon or hogshead of rum, one hogshead of molasses, one hogshead of sugar, one pipe of wine, or hoghshead, puncheon, or pipe of any other liquors, and that no greater quantity of liquors shall be loaded or carried in a cart, at one time, in small casks, than one hundred and forty gallons, under the penalty of one dollar. 10, And be it further ordained. That the prices or rates to be taken by Carmen, for the carriage of goods, w^ares and merchandizes, fire-wood and other things, shall be as follows, viz . For loading, carting, and unloading every com- mon load of European goods, wheat, meal, or flour in bags (twelve bags to the load) and of fire-wood and other articles not hereinafter mentioned, to 56 any place within this city, not exceeding half a mile, one shilling and nine pence. And for every load of lime, bricks, staves,heading5 hoops, hoop-poles, cocoa, bar-iron, pimento, slate, all kinds of dye-wood, every seven barrels of flour, every four tierces of bread, every two bales of cot- ton, every fifteen bushels of salt, every load of cheese or gammons, every load of sails, every load of white sand, building sand, paving sand, or clay, containing twelve bushels; every load of beef, pork, pitch, tar, turpentine, beer, cyder, or other goods or things in tight barrels, allowing five barrels to each load (excepting oil and potash, which shall be four barrels to the load), not exceeding half a mile, one shilling and nine pence ; and if housed, six pence more for each full load. For every load of iron pots or kettles, every load of household goods, every load of hay in trusses or bundle's, every load of calves, sheep or lambs, every load of loose shingles or brick handled and piled, not exceeding half a mile, tivo shillings. For every load of loose earthen ware or pantiles, every load of coal, of one half of a chaldron, every load of loose dried fish, every load of hemp or flax in bales, loose or in bundles, and every load of oyster-shells, not exceeding the distance of half a mile, two shillings. For loading, carting, unloading and housing the goods hereafter mentioned, viz. For every hogshead or puncheon of rum or other strong liquors, exceeding ninety gallons, and for every hogshead of molasses, exceeding ninety gal- lons, three shillings. 57 For every pipe of wine or other strong liquors^ four shillings For every hogshead of ale, and for every tierce of molasses, rum or other strong liquors, from sixty to ninety gallons, tioo shillings. For every cabk of molasses, rum or other strong liquors, exceeding forty gallons, and under sixty, one shilling and six pence For every hogshead of sugar, of twelve hundred weight and upwards, three shillings. For every hogshead of sugar, of nine hundred weight and under twelve hundred, two shillings and six pence. For every cask of sugar, coffee or cocoa, of six hundred weight and under nine hundred, tivo shillings. For every load of sugar, coffee or cocoa, in smaller ca^^k, two shillings. For every hogshead of tobacco of six hundred weight and upwards, and every two tierces of rice, or three tierces of flax-seed, tzvo shillings. For every cable, whole shot, of five inches cir- cumference to seven inches, shillings. For every cable, half shot, of like dimensions, three shillings. For every cable, whole shot, upwards of seven inches to ten inches, eight shillings. For every cable, half shot, of like dimensions, fonr shillings and six pence. For every cable, whole shot, of ten inches and upwards, twelve shillings. For every cable, half shot, of like dimensions, six shillings and six pence. H / 58 For every load of cordage of lesser size, tzoo shillings. And that in all cases where the distance exceeds half a mile, and does not exceed two miles, the Carman shall be entitled to receive one third more for every load of the same articles for every addi- tional half mile he shall cart or transport the same. 11. And be it further ordained, That if any Car- man shall ask, demand, receive, take, exact or extort any greater rate or rates, price or prices, for carting any goods, wares, merchandizes, wood or other things than are above mentioned and limited, or shall be guilty of any embezzlement or deceit in the execution of his duty, and be found guilty there- of in any legal manner, he shall be suspended from being a Carman by the Mayor, upon a certificate thereof; and such Carman shall moreover forfeit and pay the sum oi jive dollars. 12. And be it further ordained,^\\^\. all Carmen, Draymen and Water-carriers, who shall use any sled, shall be under the same regulations, and sub- ject to all the fines, forfeitures and penalties to which the Carmen are subject and liable by this law. / 59 CHAPTER XII. A LAW To regulate the landing and sale of Hay in the City of Nezv-York, Sect 1 ordained by the Mayor^ Aldermen^ and Commonalty of the City of Neiv- Yorky in Common Council convened^ That no person or persons whosoever, shall sell any hay in this city, by the cart or waggon-load or in any other manner than by weight, accounting and allowing one hun- dred and twelve pounds to the hundred weight, upon pain of forfeiting the sum of ten dollars; and that no Carman shall cart or deliver to any person or persons w^homsoever, any hay, unless the same shall have been weighed in the manner herein after directed, on pain of forfeiting the sum oifive dollars for every load or part of a load he shall so cart or deliver. 2, And he it further ordained^ That there shall be such and so many proper and convenient ma- chines or engines erected, and scales and weights provided for weighing carts, waggons, sleds and hay, at such place or places within this city, and at the proper costs and charges of such persop or persons as the Common Council of the said city shall from time to time direct and appoint. 3. And he it further ordained. That every per- son to be appointed a Weigh-master for the weigh- ing of hay within this city as aforesaid, shall, befor? 60 he enters on the duties of that office, take an oath, well and faithfully to execute the said office ac- cording to the best of his skill and understanding. 4. And be it further ordained^ That it shall and may be lawful to and for the persons appointed, or to be appointed as Weigh-masters of hay as afore- said, to ask, demand and take from every Carman or Waggoner, for every cart or waggon load of hay so to be weighed at any of the said machines, the sum of two shillings^ and no more, which said sum of tivo shillings shall be repaid to such Carman or Waggoner; the one half thereof by the seller and the other half by the buyer of such hay. 5. And be it further ordained^ That from and after the publication hereof, no Carman shall cart or cari y any hay, brought to this ciry for sale, unless he is or shall be licenced for tKat purpose by the Mayor,, and shall first have tja(ten oath, well and carefully to inspect all the Hay he shall so cart or carry, that he may see if it is well and sufficiently cured and dry, under the penalty oifve dollars for every load or part of a load he shall cart or carry without being appointed and qualified as aforesaid; and that no Carman or Waggoner qualified as aforesaid, shall cart or carry hay brought to this city for sale, and pass the same as good and mer- chantable, but such as shall be bona fide well cured and dry, under the penalty oi five dollars for every load or part of a load he shall so cart or carry. 6. And be it further ordained^ That each In- spector of Hay or Hay Carman heretofore licenced or hereafter to be licenced, shall immediately cause the number of his licence to be fairly painted upon a tin plate with red paint upon a white ground easily 61 to be seen, and shall affix and continue such tin plate, fairly painted and easily to be seen, on the square of the after part of the shaft of his cart, under the penalty of one dollar and fifty cents for every neglect or default. Provided always^ That nothing in this law con- tained, shall be deemed or taken to^ prohibit the importation within this city, or the car age of any hay which may be damaged or injured, or to pre- vent the sale thereof as damaged hay by weight as aforesaid. Provided also, That any remnant of hay under three hundred weight, may be sold and carted away by any Carman or other person, for his or her own use, v^ithout incurring the penalties in and by this law imposed as aforesaid. 7. And be it further ordained. That the Car- men shall and may demand and receive for the loading, weighing and cartage of each load of hay, of one thousand weight and upwards, if unloaded or thrown down in the street, the sum of five shil- lings ; and if by them pitched or put into a stable, the sum six shillings and six pence ^ and no more; and for the loading, weighing and cartage of each load of hay, under one thousand weight, if unloaded or thrown down in the street, the sum oi four shillings ; and if by them pitched or put into a sta- ble, the sum of five shillings^ and no more. 8 And be it further ordained, That each Carman shall, before he shall cart or carry any hay, and at least once in every month, after he shall be licen- ced as aforesaid, apply to one of the Weigh-masters to be appointed as aforesaid, to weigh his cart or sled, upon pain of forfeiting three dollars for each offence ^ and such Weigh-master is hereby required 62 to weigh such cart or sled, and enter the same in a book to be kept for that purpose, and also to furnish such Carman with a certificate of the \veio:ht of his cart or sled gratis, upon pain of forfeiting three dollars for every refusal or neglect. 9. And he it further ordained, That if any dis- pute shall arise between the owner or possessor, or the Inspector and the purchaser of any hay, whether the same is or is not well and sufficiently cured and dry, the Mayor, Recorder, or any one of the Al- dermen of the said city, shall, upon application to him made, issue his warrant to three indiflferent judicious persons of skill and integrity, one whereof to be named by the owner or possessor, or the In- spector of such hay, the second to be named by the purchaser, and the third to be named by the said Mayor, Recorder or Alderman, which three persons shall be duly sworn, carefully to view and examine the said hay, and make report thereof to him forth- with ; and the said Mayor, Recorder or Alderman is hereby empowered and required to give judg- ment agreeably to the report of the said persons so to be named, or of any two of them ; and in case the said hay is judged to be unmerchantable, the said Mayor, Recorder or Alderman shall award the owner or seller or Inspector of the same hay to pay the costs of the said trial or examination ; but if such hay, upon such examination, shall be found to be well cured, dry and merchantable, according to the directions of this law, the charges of such exam- ination shall, in such case, be paid by the perchaser or such other person at whose request the view and examination was made, upon pain of forfeiting the sum of ten dollars. 63 10. A?id be it further ordained, That no hay which, at the time of the lading or shipping there- of for this city, was well cured and dry, and which, by rain or other unavoidable accident, became wet or damaged on board of the boat or other vessel in which the same was laden or shipped, shall be con- sidered as unmerchantable hay, within the mean- ing of this law; but the same may be sold, after it is again well dried, in the same manner as other w^ell cured and dry hay is directed to be sold. .11. And zchereas, For want of proper places to unload boats, and other vessels, freighted or loaded with hay, they are often detained, and the hay be- comes wet and injured in such vessels while in this city, by means of rain : Therefore, Be it further ordained, That such piers, docks and slips, as the Common Council of the said city shall, from time to time, think proper to direct and appoint, shall be reserved and appropriated for Pub- lic Hay Wharves; and that every master or owner of any ship or other vessel whatsoever (not laden with hay) lying at any ot the piers, docks or slips so reserved, or to be reserved and appropriated as hay wharves as aforesaid, shall, upon application of the master or owner of any boat or other vessel whatsoever, then laden with hay, remove his said ship or other vessel from such pier, dock, or slip, and give room to such boat or other vessel loaded with hay as aforesaid, on pain of forfeiting the sum of one dollar for every hour between sun-rise and sun-set, he shall so neglect or refuse to remove his said ship or other vessel in manner aforesaid. 64. CHAPTER XIII. A LAW To regulate the Sale of Fire-wood in the City of NeiV'York. Sect 1 T^"^ ordained by the May or ^ Aldermen^ ' and Commonalty of the City of Nezv- York\ in Common Council convened^ That no Fire- wood which shall be brought into this city for sale, shall be considered as cord-wood, unless it shall be in length ^our feet. Including half the scarf ; and that if any person shall offer for sale any fire-wood as cord- wood which shall not be of that length, such person shall forfeit the sum of one dollar for every cart load. Provided always^ and be it further ordained^ That all fire- wood brought to this city for sale, may be sold and carted, although the same be not the length required by this law ; and the Inspectors of fire-wood are hereby directed and re- quired to cause all such wood as shall not be of due length, to be stowed on the cart, as, in their judg- ment, to contain a full quarter of a cord, 2. And be it further ordained^ That no cord- w^ood shall be landed on any of the docks or wharves until the same is sold, in order, to be immediately carried away, under the penalty of one dollar for each load so landed. 3. And be it further ordained. That no cord- wood shall be sold otherwise than according to the following regulations, that is to say : 65 The rungs or stantions of each cart or sled which shall be employed in the carrying of cord- wood, shall be three feet eight inches high from the floor of the cart, and no higher ; and the breadth of the said carts between the two foremost rungs or stan- tions, shall be two feet five inches, and between the two hindmost rungs or stantions, shall be two feet nine inches, and no more; in which space be- tween the said rungs or stantions (and even with the top thereof) every Carman who shall cart any wood, shall stow as much and as close together as it can conveniently be put ; which wood so loaded shall be deemed, and is hereby declared to be a quarter of a cord, and shall and may be bought and sold accordingly. 4. And be it further ordained^ That if any per* son or persons shall sell or buy any cord-wood con- trary to the above regulation (refuse wood herein before mentioned only excepted) or if any Carman shall cart any cord wood brought to this city for sale but in carts or sleds, made and constructed as by this law is directed, and loaded as is above men- tioned, he or they so offending therein, shall, for every offence, forfeit and pay the sum of Jive dol- lars. 5. And to prevent, as much as possible, any al- teration in the measure of the wood, from the wear- ing of the rungs or stantions of the carts. Be it further ordained^ That the rungs or stan- tions of each cart that shall carry wood, shall be shouldered with a band of iron round the part which enters the mortice, and the mortice cased with iron to preserve them and keep the rungs and stantions from giving way 3 and that at no less tha,n I 66 three feet distance from the floor of the carts there shall be an iron chain fixed across the carts to the rungs or stantions, to prevent their spreading wider than the space herein before mentioned. And that every Carman w^ho shall cart any cord- wood for sale in any cart not provided and secured in the manner hereby directed, shall forfeit and pay the sum of one dollar and twenty-Jive cents for every load he shall so cart. 6. And be it further ordained^ That no crooked wood shall be sitowed in any cart or sled construct- ed in manner aforesaid with other wood, but the same may be sold and disposed of as refuse wood, not subject to the above regulation; and if any Carman who shall cart cord-wood, shall put or suffer to be put into his cart any such crooked wood | as will prevent his cart from containing a quarter of a cord between the rungs or stantions thereof, he shall, for every load so carted, forfeit the sum of one dollar. 7. And for the better carrying into execution the above regulations. Be it further ordained. That, in addition to those already appointed and sworn, there shall be such and so many persons appointed, as the Common Council shall, from time to time, think proper to appoint, to inspect the loading of all fire-wood which shall be brought to this city for sale ; to see that the same be of the proper length and loaded as aforesaid ; that the said Inspectors shall be duly sworn to execute their offices with fidelity and impartiality; that their respective judgm.ents shall be conclusive; which said Inspectors shall have for their trouble for each load by them inspected, three 67 cents, and in the same proportion for a greater quantity, two third parts thereof to be paid by the buyer, and the other third by the seller of such wood. 8. And for the better collecting of the said fees, Be it further ordained. That the boatman, or other seller of the wood, shall be accountable to the Inspectors for their whole fees of inspection, and shall recover two-thirds thereof from the pur- chaser or purchasers thereof ; and that if any Car- man shall cart any such cord-wood before the same shall be duly inspected as aforesaid, he shall, for every load, forfeit the sum fifly cents. 9. And he it further ordained. That if any In- spector shall, by sickness or otherwise, be prevented from attending the duties of his office, that in such case the Mayor of the said city, for the time being, or in his absence, the Recorder shall appoint one other fit person in his stead during the sickness or absence of such Inspector. 10. And he it further ordained. That no Carman or Wood-sawyer, or other person, for and on ac- count of such Carman or Wood-sawyer, shall pur- chase any fire-wood which shall be brought to this city for sale, except it be for the only use of such Carman, Wood-sawyer or his family, under the penalty of tweiUy^ve dollars for each offence, ex- cept such Carman or Wood-sawyer shall have re- ceived an order in writing to purchase such wood : And further,. That no Carman or Wood-sawyer shall sell or expose to sale, any fire-wood which shall be brought or sent to this city for sale, as agent for or on account of any person or persons, under the penalty fifteen dollars iox each offencC: 68 11. And be it further ordained^ That the Attor- ney of this Board shall be authorized, after the recovery and receipt of any penalty under and by virtue of this ordinance, to pay over to the person who shall give the said Attorney such information of any offence against this ordinance, as shall enable the said Attorney to prosecute the offender to judg- ment, such part thereof (not exceeding one half part thereof so recovered and received) as in his judgment he shall deem meet and proper. 12. And he it further ordained^ That all fire- wood which shall at any time be brought into this city and stored or deposited in any yard or other place, and which shall thereafter be sold and carted from such yard or other place, shall be inspected in like manner and under the same regulations as fire-wood sold and delivered from on board of any vessel, and landed at any wharf or slip in this city ; and the seller and buyer of such wood sold and carted from any yard or other place as aforesaid, shall be liable for payment of the fee for inspec- tion in like manner as for the inspection of fire- wood sold and delivered from on board a vessel. CHAPTER XIV. A LAW To regulate the Sale of Lime in the City of New-York, Sect 1 ordained by the Mayor, Aldermen, * and Co7nmonalty of the City of New- York^ in Common Council convened^ That all slack- 69 cd lime brought to the said city and exposed to sale, shall be sold by the load, and that each load shall contain sixteen bushels, struck measure. 2. And be it further ordained^ That each Car- man who shall cart any such lime, shall have on his cart a tight box with a cloth or other sufficient co- ver for the purpose, sufficient to contain the quan- tity aforesaid, and shall put the lime therein. And if any Carman, or other person, shall cart any such lime in ahy other manner, he shall forfeit ojie dollar and tzventy-Jive cents for each load. CHAPTER XV. A LAW To regulate the Sale of Charcoal in the City of New-York. Sect 1 "1^^ ^'^^^^^^^'^^^ % ^'^^ ^^^^i^^^'^ Alderjnen, -L* a7id Commonalty of the City of New- York:, in Common Council convened^ That all Char- coal which shall be brought to this city for sale, shall be sold by the bushel : That such person and persons as the Common Council shall, from time to time, appoint for that purpose, shall be Measur- ers of all such charcoal y and for that purpose, that they respectively be provided with a proper mea- sure to contain two bushels 3 and that they respec- tively be allowed, for their service in measuring, one halfpenny per bushel ; the one half to be paid by the buyer, and the other half by the seller. 2. And be it further ordained, That if any Car- 70 man shall cart or transport any such charcoal, with- out being measured in manner aforesaid, such Car- man shall forfeit and pay, for every load or part of a load so carted or transported by him, the sum of one dollar. 3. And be it further ordained^ That no person shall hereafter be permitted to unlade, vend, or ex- pose for sale any charcoal, at any or either of the slips in front of, or opposite to, any of the public markets of this city^ under the penalty of ten dol- lars for each offence. CHAPTER XVI. A LAW To regulate the Sale and Cartage of Manure^ Sand and Clay in the City of New-York. Sect 1 ordained by the Mayor ^ Aldermen^ * (ijid Commonalty of the City of Nezv- Yorkj in Common Council convened^ That all Ma- nure shall be sold by the cart or waggon load, and that each load shall contain sixteen bushels, heaped measure. 4. And be it further ordainedy That all manure, sand or clay shall be carted in close boxes with a tail-board at least sixteen inches high, and well se- cured; and no person shall cart or sell any manure, sand or clay in any other manner than is by this law prescribed, under the penalty of tivo dollars for each load or part of a load which he shall so cart. 71 CHAPTER XVII A LAW To regulate the Fees of Weigh-masters and Mea- surers in the City of Nczv-York. Sect 1 ^^^^^^^^^y -^^y^^^ ^^^^^^ * and Commonalty of the City of Nezv- Yorkj in Common Council co7ivenedy That the Weigh-masters appointed by this Corporation shall be entitled to demand and receive the following fees, the one half to be paid by the buyer and the other half by the seller — but the employer shall be liable for the payment thereof in the first instance — that is to say ; For weighing hemp, flax and hides, thj'ee cents for each hundred weight ; Braziletta-wood, four cents for each hundred weight ; anchors and cables, above eight hundred weight, fve cents for each hundred weight ; and for anchors and cables of less weight, and all other goods and articles, two cents for each hundred weight, and in that proportion for a greater or less quantity* 2. And be it further ordainedj That the Weigh- master shall, if the fees on the articles intended to be weighed, exceed one dollar, remove his scales and weights at his own expense, to the place where the article intended to be v^^eighed shall be, other- wise he shall, if required, remove them at the expense of the owner of the article required to be weighed, and that for the compensation above allowed, he shall» if required^ weigh each box, bale. 72 cask, bag, and other package separate, and make a return thereof, and where it can be done, mark on each the weight with blacking or red chalk in legible and durable figures : and if any Weigh-master, appointed by this Corporation, shall neglect to attend in person to the duties of that office at any place where his scales shall be used, or shall demand, accept or receive any greater com- pensation for his services than above allowed, or shall exercise the office of Weigh-master under any other appointment, he shall forfeit his appointment under this Corporation. 3. And be it further ordainedy That if any per- son not holding an appointment under this Corpo- ration shall exercise the office of Weigh-master, to weigh any article for any private persons, such per- sons shall forfeit and pay as a fine, tzventy-Jive dollars for each day or part of a day he shall be so employ- ed in weighing. 4. And be it further ordained^ That the Measurers appointed by this Corporation shall be entitled to demand and receive the following fees to be paid as aforesaid, that is to say, for measuring boards^ plank and timber, tiventy-five cents for each hundred feet of solid measure, and fifty cents for each thou- sand feet of superficial measure 3 for measuring salt and grain, seventy-five cents for each hundred bush- els ; for measuring lime, twelve and an half cents for each load of sixteen bushels 3 for measuring of char- coal, one cent for each bushel; and for measuring sea-coal twenty five cents per chaldron, and at and after the same rate for a greater or less quantity : and if any person, not holding an appointment un- der this Corporation, shall exercise the office of 73 Measurer to measure any article for any private per- son, such person shall forfeit and pay as a fine, ten dollars for each offence. CHAPTER XVIIL A LAW To regulate the lying of Vessels at the Public Wharves and in the Slips of the City of New-York ^ and to establish the Rates of Wharfage. Sect 1 T^"^ ordained by the Mayor^ Aldermen^ and Commonalty of the City of New- York, in Common Council convened. That the master, owner or possessor of each vessel or small craft whatsoever, above the burden of five tons, belong- ing to the said city or other parts of the State of New- York, or of the State of New- Jersey, or State of Connecticut, and which is not employed in any trade out of the United States, shall, once in every year, commencing on the first day of May, and . ending on the last day of the succeeding April, on his first coming to lie with such vessel or small craft at any of the docks, wharves, piers or slips belong- ing to the Corporation of the said city, as a compensation for lying at or within the same, im- mediately pay to the Dock-m.aster or to the per- son or persons appointed or to be appointed by the said Corporation to act as such, at and after the rate and in the manner following, to wit: if such first coming shall happen between the first day of May and the last day of July inclusive, forty cents 74 per ton y and if between the first day of August, and the last day of October inclusive, thirti/ cents per ton; and if between the first day of November and the last day of January inclusive, twenty cents per ton ; and if between the first day of February and the last day of April inclusive, ten cents per ton, of their respective burthens : and all vessels not more than five tons burthen, shall pay, as aforesaid, two dollars on their first coming to lie at any of the said w^harves, docks, piers or slips, after the first day of May in every year. 2. And be it further ordained y That the master, owner or possessor of each vessel (trading or coast- ing vessels belonging to the said States of New-York, New- Jersey and Connecticut, respectively, except- ed) shall pay to the Dock-master, or to the person or 'persons appointed or to be appointed as aforesaid, for lying at any or either of the said docks, wharves, piers or slips belonging to the Corporation of the said city as aforesaid, the like rates or fees of wharf- age as are or may be, by Act of the Legislature of the State of New- York, established and allowed to be taken and received by the proprietors of private wharves in the said city of New- York: and that if any or either of the vessels comprised in the first section of this law, and therein described as coasters belonging to the States of New-York, New-Jersey, or Connecticut respectively, shall become a sea vessel by going from either of the said states to any port or place beyond sea, such vessel shall thereupon be considered as included in this second section of this law, and be subject to pay the rates of wharfage, herein and hereby required to be demanded and taken accordingly. 75 2. A7id he it further ordained, That no sloop, schooner, boat or other vessel, or small craft what- soever, shall lie in any of the aforesaid slips a longer time than for the convenient lading and unladmg ; nor shall lie in the entrance of any of the alx)resaid slips, at any time, so as to shut up the same, or incomm.ode any other sloop, schooner, boat or other vessel, or small craft from coming into or going out of the same, under the penalty of three dollars for every tide. 4. J7id be it further ordained, That no person or persons shall careen any sloop, schooner, boat or any other vessel w^hatsoever, at or within any of the docks, wharves, piers, keys or slips belonging to the Corporation, under the penalty of thr-ee dollars for every offence, to be paid by the master, owner or possessor of such vessel. 5. And be it further ordained. That if any person or persons do cast any anchor, grapHng or killick into or near any of the docks, wharves, piers, keys or slips of this city, the person or persons so offending, shall for every offence, forfeit and pay the sum of two dollars: and if any person or persons shall take away any stones, earth, timber or ballast from, or throw the same, or any oyster shells, ashes or other dirt whatsoever into, or keep any fnasts, yards, spars or other kind of timber within any of the docks, wharves, piers, keys or slips aforesaid, every such person shall, for each offence, forfeit and pay the sum of three dollars. 6. And bb it further ordained. That if any shells, ashes, stones or dirt v/hatsoever, shall be thrown from any vessel into any of the slips or docks afore- said, the person throwing the same, or the master. 76 owner or possessor of such vessel, shall forfeit and pay, for each offence, the sum of Jive dollars. 7. And be it further ordained^ That no sloop, boat or other vessel whatsoever, (except small craft, such as ferry-boats, market-boats, pettiaugers and canoes) shall come within the slip at the end of the common sewer, which leads under the Fly-market, and empties itself into the East-river, under the penalty of Jive dollars for every offence. 8. A?id be it further ordained^ That no boat or vessel of any description whatsoever, (except ferry- boats) shall be allowed to come into and lay in Courtlandt-slip, or those parts of the Corporation- bason where Hoboken-ferry is kept, or Catharine- slip, next to and adjoining that part of the respect- ive wharves at the Corporation-bason or Catharine- slip, where the ferry-boats lie at or land their passengers ^ nor shall lie so near the said wharves respectively as to incommode the going into or coming out of the same, or the turning of the ferry- boats respectively, under the penalty of te?i dollars for each offence, to be paid by the master, owner or possessor of such boat or other vessel. 9. Ajid be it further ordained^ That after the first day of October next, all market-boats, pettiau- gers and canoes, of not more than the burthen of five tons, and coming to any of the docks, w^harves, piers or slips belonging to the Corporation, shall have the owner or owner's name painted at full length in legible letters, on the inside of the stern, under the penalty of tivo dollars for each offence, to be paid by the owmer or possessor of the same. 10. A7id be it further ordained:, That no sea Vessel of any size whatever, nor any coaster, above 77 the burthen of one hundred tons, shall come into, or lie at or within any of the docks, wharves, piers or slips belonging to the said Corporation, unless by special permission obtained therefor in writing, from the Mayor, Recorder, or one of the Aldermen of said city, under the penalty of ten dollars for every twenty-four hours they shall lie at or within the same, to be paid by the owner, master or other person having the charge of such vessel. 11. And he it further ordained^ That in order to prevent disputes between persons using the said docks, wharves, piers, keys and slips, it shall and may be lawful for the Dock-master, or person or persons appointed or to be appointed by the Cor- poration to act as such, or for the Mayor, Recorder, or any one of the Aldermen of the said city, in person to give such orders and directions, from time to time^ touching the lying, fastening and births of all sloops, boats, or other vessels whatsoever, as they shall think just and proper^ and that every person refusing to comply with such orders and directions, shall, for every offence, forfeit and pay the sum of Jive dollars, 12. And be it further ordained, That it shall be the duty of the Dock-master, or person or persons appointed or to be appointed as such as aforesaid, to see this law and the several matters therein men- tioned, observed and duly put in execution. 78 ^^^^^ CHAPTER XIX. A LAW 7b jegiilate the Sale of Horses^ to prevent their running loose in the Streets^ and to prevent Racijtg in the Streets or Highways in the City of New- York. Sect 1 ordained by the Mayor ^ Aldermen^ ' and Commonalty of the City of Neza- Yorkj in Common Council convened^ That no horse shall be shown or exposed for sale in any of the streets of the said city ; except at such places as the Common Council thereof may from time to time appoint, under the penalty of Jive dollars for each offence. 2. And be it further ordained^ That no horse or cow shall be suffered to go loose, or be at large in any of the said streets; and if any horse or cow shall be found therein, without being held by a proper person, with a bridle, halter, rope or other thing, sufficient to secure such horse or cow, the owner, or person having the care, charge or keeping . thereof, shall forfeit and pay one dollar and fifty cents, 3. And be it further ordained^ That no person shall run or race any horse, or start the same for the purpose of racing in any public street or road, with- in the citv of New- York. And if any person or persons, do or shall start^ run or race any horse contrary to this law, every such person, and also the ov;ner and possessor of such horse, if he or she shall suffer or consent to 79 such starting, running or racing, shaJI forfeit and pay as a fine, for each offence, ten dollars; the one half of which said fine, when recovered and paid to the Treasurer or Chamberlain of this City, shall be by him paid to the person or persons who shall have commenced and prosecuted the suit against the oflTender : and that if any offender against this law shall be an apprentice, a servant or a slave, the master, mistress or owner of such apprentice, ser- vant or slave, shall be and hereby is made answer- able for the payment of such fine as aforesaid. CHAPTER XX. A LAW To regulate the passing of Carriages and Sleds^ meeting each other in the Public Streets and Roads in the City of New-York. Sect 1 ordained by the Mayor^ Aldermen, and Commonalty of the City of New- York, in Common Council convened. That in all cases of persons meeting each other in carriages or sleds in any public street or road within the City of New-York, each such person so meeting, shall turn oft and go to the left side of the street or road so as to enable such carriages and sleds so meeting, to pass each other, under the penalty oifve dollars for each offence. 2, And be it further ordained, That the propri- etor or proprietors of such carriages and sleds, neglecting or refusing to turn out and go to the 80 left as above directed, shall, if present at the time of such meeting, be adjudged as the person com- mitting the said offence; but if absent, then the driver of such carriage shall be so considered. CHAPTER XXL A LAW To prevent the Ringing or Tolling of Bells for Funerals, in the City of Neiv-York. Sect 1 itordaijied by the Mayor Aldermen, * and Commonalty of the City of Neiv- York, in Common Council convened. That no bell or bells of any church in this city, shall be rung or tolled for any funeral : and that if the bell or bells of any church in this city shall be rung or tolled con- trary to this law, the sexton or person having the care or charge of such bell or bells, shall forfeit and pay the sum of twenty-five dollars for each offence. CHAPTER XXII, A LAW For the better regtdating of Public Porters in the City of Nezv-York. Sect 1 ordained by the Mayor, Aldermen, * and Commonalty of the City of Neiv- York, in Common Council convened, That the Mayor 81 of the said city for the time being, shall, from time to time, at his discretion, appoint such and so many able bodied men, being persons of good character, to act as Porters in carrying goods from place to place within this city. 2. And be it further ordained. That the Mayor at the time of granting such licence, shall assign to such Public Porters respectively, suitable stands or stations; that it shall be their duty to attend at such stations at all reasonable times, for the purpose of receiving such employment as may be given to them ; and that it shall not be lawful for any or either of them to attend at any other place except the stands or stations assimed to them resoect- O 1 ively, on pain of forfeiting his or their respective licences. 3. And be it further ordained, by the authority aforesaid. That it shall be the duty of each of the said public Porters, and they are hereby respectively required to furnish themselves with good and con- venient wheelbarrows, and one handbarrow for every two of the said Porters, for the better carriage of goods and articles. 4. And be it further ordained. That each of the ^aid public Porters shall be known and distinguish- ed by numbers from one progressively; and that each of them respectively shall wear a badge, on which shall be engraved and specified in legible characters, the name of such Porter and the num- ber of his licence, and the stand assigned him : And further. That it shall be the duty of the said public Porters respectively, to cause his own name, the number of his licence, and the name of his sta- tion, to be painted in legible letters and figures on 82 his wheel and handbarrows, on pain of forfeiting his licence ; to the end, that if any such public Porter shall be guilty of embezzlement or any other improper conduct, he or they may be the more readily detected. 5. And be it further ordained^ That the said public Porters shall be entitled to receive for each load which they shall carry in a wheelbarrow within the distance of half a mile, the sum of one shillings and for every additional half-mile one shilling; and for all articles carried in ahandbarrow one shilling and six-pence for the first half-mile, and one shilling and six-pence for every additional half- mile ; and if either of them shall be guilty of de- manding a larger sum than what is hereby allow- ed, such public Porter so offending shall forfeit his licence. 6. And he it further ordained^ That if any such public Porter shall direct, permit or suffer any other person to carry any goods, wares, articles or mer- chandizes for him, or in his name or behalf, the said public Porter so directing or permitting, and the said person so carrying, in contravention of this ordinance, shall respectively forfeit and pay the sum of one dollar for each offence, and the said public Porter shall also forfeit and lose his licence. 7. And be it further ordained. That if any per-^ son or persons (other than a licenced Porter or Carman) shall transport or carry any goods, wares or merchandize, or other thing whatsoever for hire, wages or any compensation to or from any stand or station at which a public Porter or Porters are appointed as aforesaid, and at a time they or either of them may be at or near his or their stand or 83 Station for the purpose of performing their duty as aforesaid, he or they shall forfeit and pay as a fine, the sum of three dollars iox each offence; and every person who shall so transport and carry as aforesaid, shall on trial be presumed to have received hire, wages or compensation for so transporting and carrying, unless he or they shall prove to the con- trary thereof. 8. A7id be it further ordained^ That if any per- son who shall contravene this ordinance, shall be a minor, an apprentice, a bound or hired servant or slave, his parent or guardian, master, mistress or owner, as the case may be, shall be deemed liable to pay the penalty so incurred, and shall and may be prosecuted for the same as aforesaid. CHAPTER XXIII. A LAW To prevent the Firing of Guns in the City of New-York. Sect 1 T7[7HEREAS the firing of guns and ^ ^ the practice of fowling in the pub- lic streets and in the roads or highways in the vicin- ity of this city, are frequently productive of acci- dents, and dangerous consequences are always to be apprehended therefrom : Be it therefore ordained by the Mayor ^ AlderineUy and Commonalty of the City of Nezv-Yorky in Com- mon Council convened. That no person shall hereaf- ter be permitted to fire or discharge any gun, pistol, fowling piece, or fire-arm, ^t any place on the 84 island of New- York, within the distance of four miles from the City-Hall, under the penalty o{ five dollars upon each offender, to be recovered with costs. And if the person so offending shall be a minor, apprentice, servant or slave, the said fine shall be recoverable from his falther, mother, master or mistress, together with costs. Provided always^ That nothing contained in this ordinance shall be constructed to extend to the reviews or exercises of any military company, or of the State Prison Guardso CHAPTER XXIV. A LAW To prevent improper Conduct on certain Days^ in the City of New-York. Sect 1 ordained by the Mayor ^ Aldermen^ -ILJ Qnd Commonalty oj the City of Neiv- York, in Common Council convened, That if any person shall, on the seventeenth day of March, com- monly called aS^^. Patrick's Day, or on any other day, carry or drag through or along any street, alley or highway within this city, or shall exhibit to pub- lic view in any street, alley or highway, or from any window, roof of any house or other building, or shall exhibit to public view^ in any place, or in any manner whatsoever within this city, an Effigy of St. Patrick, or any other Titular Saint, or of any person or persons whomsoever, or any show of a similar kind, whether the same is intended as an Effigy of St. Patrick, or any other Titular Saint, or 85 of any person or persons, or whether the same is designed to ridicule such Titular Saint, or any person or persons whomsoever, he or she shall forfeit and pay for each offence, the penalty of ten dollars^ to be recovered with costs of suit. 2. And be it further ordained^ That every person who shall be aiding, assisting, or countenancing any such transaction as aforesaid, shall be deemed to have acted contrary to this ordinance, and shall, for each offence, forfeit and pay the like penalty, to be recovered as aforesaid. 3» And be it further ordained^ That if any per- son who shall contravene this ordinance, shall be a minor, an apprentice, a bound servant, or a slave, his or her parent or guardian, master or owner, as the case may be, shall be deemed liable to pay the penalty so incurred, and shall and may be prose- cuted for the same as aforesaid. CHAPTER XXV, A LAW To prevent Dogs from running at large in the City of New-York. Sect 1 ^'^ ordained by the Mayor ^ Aldermen^ and Commonalty if the City of Nezo- York:, i^^ Common Council cojivened^ That if any dog or dogs shall at any time hereafter be found at large in any street, lane, road or highway wirhin this city, the owner or possessor of every such dog^ shall forfeit and pay the sum of tivcnty-f ve dollars, for every day or part of a day such dog shall be so 86 ^ found at large, to be recovered in any court having cognizance thereof, with costs of suit. 2. And be it further ordained ^ That the Attor- ney of this Board shall be authorized, after the re- covery and receipt of any penalty under and by virtue of this ordinance, to pay over to the person who shall give the said Attorney such information of any offence against this ordinance as shall enable the said Attorney to prosecute the offender to judg- ment, such part thereof not exceeding the one half of the said penalty so recovered and received, as in his judgment he shall deem meet and proper^ CHAPTER XXVI. A LAW i^9r the further Establishment of Signal Poles on St aten-I stand. Sect 1 T 71 7-HEREAS several of the Merchants ^ ^ of this city have established Signal Poles for the purpose of discovering the approach of vessels into this harbour, and it appearing to this Board that the same will become not only a benefit to the commercial interest of the community, but a means of public safety^ And lohereas this Board has thought it proper to take the same under its own direction, and the Governor of this state hav- ing signified his consent that the public ground on Staten-Island, belonging to the state, may be used for that purpose : Therefore^ be it ordaiiied by the Mayor ^ Aldermen^ and Commonalty of the City of Nexv-York^ in Com- 87> mon Council conveiied;^ That the establishment of such flag or signal staffs as aforesaid, shall be placed under the management and direction of the Comp- troller of this city, who is hereby authorized, from time to time, to make such orders for the regulation and disposition of the same, and also with respect to the signs and signals to be used, as he may deem most proper. 2. And be it further ordained, That a suitable person shall be appointed by the said Comptroller to have charge of the same, and to make such signals with respect to the arrival of vessels of every description ^as the said Comptroller shall di- rect ; and that for such services he shall receive a salary of three hundred and thirty dollars per annum payable quarterly, and to commence from the first day of May next. 3. And be it further ordained^ That no pole, staff or signal shall hereafter be made or erected unless by the consent of the said Comptroller; and that every person who has or shall erect a flag or signal-staff at the place aforesaid, shall pay for the same in advance to the person to "be appointed bv this Board to take charge of the same, the sum of twelve dollars and fifty cents per annum; and when two persons shall hoist their flags or signals on the same staff, each of them shall pay in advance as aforesaid the sum of seven dollars and fifty cents per annum ; and whenever three or more persons shall hoist flags or signals on the same staff, each of them shall pay in advance as aforesaid, such sum as the Comptroller of this city for the time being shall direct. 88 CHAPTER XXVII A LAW To Appoint a Comptroller of the City of New-York. Sect I ordained by the Mayor, Aldermen, and Commonalty of the City of Nezv- Yoi 'k, in Common Council convened, and it is hereby ordained by the authority aforesaid, That a discreet freeholder of this city shall be appointed by this Board, to be called and known by the name of the Comptroller of the City of New- York. 2. And be it further ordained. That it shall be the duty of the said Comptroller to examine and to liquidate all claims, and to audit all accounts against this Corporation in all cases whatever, and to report the same to the Board at each subsequent meeting, for its order in the premises, and also to countersign all warrants to be drawn on the Cham- berlain or Treasurer of the City, for the payment of all monies directed by the Board ; and in case where the Comptroller cannot adjust the same without the interference of the Board, he shall examine such claim and report the facts concerning it with his opinion thereon, and fo examine, adjust and settle the accounts of all persons indebted to this Corporation, and to call on public officers and others entrusted with money, or who shall have received any monies for this Corporation, and shall not have accounted for the same as they ought to have done, and to take charge of all the real estate of this Corporation, and to report any encroach- ments made thereon, and to inquire into any ar- rearages due for back rents or otherwise, and to take charge of all the title deeds, bonds or evi- dences of debts due or belonging to this Corpo- ration. 3. And be it further ordained^ That the said Comptroller shall keep a regular set of books by way of double entry, in which shall be kept an account of all monies received and paid out for the Corporation, and shall cause to be opened in such books as many accounts under appropriate titles, as may be necessary to show distinctly and sepa- rately the expenditures and receipts upon each important object, and shall exhibit a balance sheet of such books to the Common Council, at least once in every six months, and shall keep one other book in which shall be entered particularly, the whole objects of revenue of every description be- longing to the Corporation. 4. And be it further ordained. That the Comp- troller shall cause a certificate to be transmitted to every person who may now be or hereafter may become indebted to this Corporation, showing the amount of such debt and directing the payment of such balance to the Chamberlain, and upon default in the payment thereof by such debtor, to report the same to the Board, that a suit may be com- menced thereon. 5. A72d be it further ordained. That the Cham- berlain shall once in every week, lodge all monies to be received by him in the intermediate time, in the Bank of New-York, and shall thereupon make a return thereof to the Comptroller, stating the M 90 amount for what and from whom he may so have received such sums. 6. Jiid be it further ordained^ That the Comp- troller and Chamberlain shall respectively keep an office, and shall respectively open and attend the same daily, (Sunday excepted) that is to say, the Comptroller's Office shall be open for the transac- tion of business five hours in each day, and the Chamberlain's Office shall be open three hours in each day, for the same purpose, of which they shall respectively give notice to the public, that those having business with them may with cer- tainty know where and when to meet to transact the same. 7. And he it further ordained^ That the Comp- troller shall be allowed as a compensation for his services a salary oi fifteen hundred dollars^ payable quarterly, 8. And be it further ordained^ That it shall be the duty of the Comptroller to attach to every grant hereafter to be made or heretofore ordered by this Board, and not yet delivered to the grantee, a survey of the ground so to be conveyed, to which survey a reference shall be made in such grant. 9. And be it further ordained^ That the Clerk shall, on the day succeeding each meeting of the Board, deliver to the Comptroller a certified copy from the minutes of the Board, , the sums ordered to be paid. 10. And be it further ordained^ That the Cham- berlain shall be allowed a salary oi five hundred dollars per annum, to be paid quarterly, in lieu of his commissions upon money raised by tax for the use of the city and county of New-York, and as a 91 compensation for his services over and above any compensations on monies v^hich he may receive in cases v^here administration is granted to him as Chamberlain under the act passed the 27th March^ 1801. CHAPTER XXVIIL A LAW For the better Regulation of the City W atch, and for the Division of the City into Districts for that Purpose. Sect 1 ordained by the Mayor ^ Alderinen^ and Commonalty of the City of New- Yorky in Common Council convened^ That the Com- mon Council shall appoint six persons being citi- zens of the State of New-York^ and Inhabitants and Householders of fne City of New-York^ to be AVatchmen of the City of New-York, who shall be denominated Captains of the Night-watch/' and to have the command of the other Watchmen of the said city to be appointed by the Common Coun- cil from time to time as hereafter mentioned. 2, And be it further ordained by the authority aforesaidy That the Common Council shall ap- point such other persons, being Citizens of the State of New- York and Inhabitants and House- holders of the City of New- York, to be Watch- men of the City of New- York, not to exceed one hundred and sixty-six in number, who shall be under the command and direction of the Captains of the Night-watch, according to the rules and regulations of this ordinance, or such other rules 92 and regulations as the Common Council shall from time to time adopt in relation thereto. 3. And be it further ordained by the authority aforesaid. That the city of New- York shall be di- vided by the Common Council into three districts, for the better disposition, employment and regula- tion of the Watchmen, and there shall be assigned to each of the said districts, two of the said Cap- tains and such number of other Watchmen as the Common Council shall from time to time think proper. 4. And be it further ordained by the authority aforesaid. That it shall be the duty of the said Captains, to fix the stations or rounds of the Watch- men within the district which shall be assigned to them respectively, to prescribe the duties , of the Watchmen under their commands respectively, and to see that those duties be faithfully executed, and when on duty, to visit each of the fixed stations of the Watchmen under his command, at least once every night, in order to discover whether the Watch- men within his district do not unnecessarily quit their stations nor sleep while at their posts. 5. A7id be it further ordained by the authority aforesaid^ That if either of the said Captains shall neglect to perform any of the duties required of them by this ordinance or which shall be hereafter required of them by the Common Council, he shall be immediately removed from office and another fit person appointed in his stead. 6. And be it further ordained by the authority aforesaid. That if either of the Watchmen under the command of the said Captains, shall refuse or neglect to perform any of the duties assigned him by the Captain under whose command such Watch man shall then be, or shall be found sleepmg on his post or unnecessarily absent therefrom, or shall be intoxicated while on duty, or shall be guilty of any disorderly behaviour, he shall be immediately removed from office and another fit person appoint- ed in his stead. 7. Ajid be it further ordained by the authority aforesaid^. That each of the said Captains shall have power and they are hereby required, whenever in their opinion any of the AVatchmen under their respective commands shall be guilty of any mis- conduct or default, to suspend them from further duty as Watchmen, until the pleasure of the Com- mon Council shall be known in the premises. 8. And be it further ordained by the authority aforesaid^ That one of the said Captains assigned to each district shall give his personal attendance for commanding and governing the other Watch- men assigned to the said district, every other night, unless prevented by sickness, unavoidable accident, or necessary business, in which case some one of the other Captains on due notice shall attend in his stead and do the necessary duties. 9. And be it further ordained by the authority aforesaid^ That the several Watchmen besides the two Captains shall do duty in the respective dis- tricts assigned to them particularly; but in case of a riot, disorder or other needful occasion, they or so many of them as shall be directed, shall assist the Watchm.en in the other districts when required. 10. And be it further ordained by the authority aforesaid^ That the Captain of each district who shall command the Watchmen of that district at 94 night, shall the next morning as early as conveni- ently may be, make return into the office of the Justices of Police in this City, according to the forms to be furnished by the Clerk of this City to the Captains respectively, the number and names of those Watchmen v^ho have served under hisr command the night preceding, together with the number and names of the defaulters (if any) w^ith the reason of such default if he knows or can ascer- tain the same. 1 1 . Aiid be it further ordained by the authority aforesaid^ That each of the said Captains shall keep in a book, to be provided for that purpose, a copy of every such return by him made into the office of the said Justices of Police as aforesaid, and shall exhibit the same for the information of the Common Council when required. 12. Ajid be it further ordained by the authority aforesaid^ That it shall be the duty of the said Cap- tains to report to the Mayor, Recorder, or one of the Aldermen of the citv of New- York without delay, the name of every Watchmen under his par- ticular command, w^ho shall be intoxicated while on duty, or shall in any manner misbehave himself or neglect any of the duties required of him, or shall wilfully or unnecessarily absent himself from duty, to the end, that such Watchman may be dismissed from office; and if any Captain shall neglect so to do, he shall forfeit his office and be removed there- from by the Common Council ; and the said Cap- tains respectively shall from time to time and with- out delay, report to the Common Council, every vacancy happening in the number of Watchmen under his command by death or otherwise (except 95 such as shall be removed by the Common Council) with the name or names of such as shall wish to become Watchmen to supply such vacancy. IS. And be it further or darned by the authority aforesaid. That each Captain shall be entitled to receive one dollar and fifty cents, for every night's Actual service in that capacity^ and the other ser- vices hereby required of him; and each of the other Watchmen shall be entitled to receive seventy cents for each night's actual service in that capacity. 14. And be it further ordained by the authority aforesaid, That the Watchmen shall be obliged to receive into their custody and detain until the next morning, and until discharged or committed by the proper authority, every person apprehended and delivered to them for any offence whatsoever after eight of the clock in the evening of each day. 15. And be it further ordained by the authority aforesaid. That one of the said Watch Districts shall comprehend all that part of the city situate to the southward and westward of a line begin- ning at the North-river at the lower end of Barclay- street, and running up the middle of Barclay-street to Broadway, and from thence across to the head of Beekman-street, thence down the middle of Beekman-street to Pearl-street, from thence down Pearl-street to Beekman-slip, and thence down the middle of Beekman-slip to the East-river ; which shall be denominated the First District: that another of the said Watch Districts shall comprehend all that part of the city situate to the northward and eastward of a line beginning at the East-river, at the middle of Beekman-slip, and running from tlience up to the middle of Pearl-street^ from thence 96 up the middle of Pearl-street to the middle of Beek- man-street, from thence up the middle of Beekman- street to the middle of Chatham-row, from, thence up the middle of Chatham-row to the middle of Orange-street, thence up the middle of Orange-street to Cross-street, and thence northerly on the East side -of the Fresh-water, as far out as the Watch shall be placed or directed to do duty so as to compre- hend all the northeasterly part of the city where the Night-watch shall be required to stand or patrole from time to time ; which shall be denominated