Actions to recover pow

brought.

manner directed by the thirty-first section of this act, order the same to be restored; such gunpowder shall be detained in such magazine, until it shall be determined, by due course of law, whether the same may have become forfeited by virtue of this act.

§ 34. All actions or suits for the recovery of any gunder, how and powder which may have been seized and stored in any magazine, by virtue of this act, or for the value thereof, or for damage sustained by the seizure or detention thereof, shall be brought against the Fire Department of the City of New York, and shall be commenced within three calendar months next after such seizure shall have been actually made; and in case no such action or suit shall have been commenced within such period, such gunpowder shall be deemed absolutely forfeited to the said Fire Department, and may be immediately delivered to the proper officers thereof, for its use. No penal damages shall be recovered in any such action or suit, and such gunpowder may, at any time during the pendency of any such action or suit, by consent of the parties thereto, be removed from any magazine where the same may have been stored; or may be sold, and the moneys arising from such sale may be paid into the court where such suit or action may be pending, to abide the event thereof.

This act not to apply

war.

§ 35. Nothing contained in this act shall be construed to ships of to apply to any ship or vessel of war in the service of the United States, or of any foreign government, while lying distant three hundred yards or upwards from the wharves, piers, or slips of the said city.

Seizure of

powder dur

§ 36. If any gunpowder, exceeding twenty-eight pounds ing any fire. in quantity, shall be found in the possession or custody of

any person, by any fireman of the said city, during any fire or alarm of fire therein, it shall be lawful for such fireman to seize the same without any warrant, and to report such seizure, without delay, to the Mayor or Recorder of the said city; and it shall be determined by the Mayor or Recorder, or any two Aldermen of the said city, in the manner directed by the thirty-first section of this act, whether such gunpowder should be restored, or the same shall be conveyed to a magazine for storing gunpowder, and there detained, until it be decided by the course of law, whether such gunpowder be forfeited by virtue of this act.

Sulphur, &c., in what

be kept.

$37. No quantity of sulphur more than ten hundred weight; or of hemp or flax, than twenty hundred weight; quantities to or of pitch, tar, turpentine, rosin, spirits of turpentine, varnish, linseed oil, oil of vitriol, aqua fortis, ether, or shingles, than shall be allowed by the Common Council of the City of New York, shall be put, kept, or stored in any one place in the said city, to the southward of a line drawn through the centre of Fourteenth street, unless with the permission of the said Common Council.

38. Every person who shall violate either of the provi- Penalty. sions of the last section, shall, for every such offense, forfeit and pay the sum of twenty-five dollars; and in case any such person or persons shall neglect or refuse to remove any of the articles prohibited by the said section, within such time as may be allowed for that purpose by the Mayor or Recorder, or any two Aldermen of the said city, he, she, or they shall, for every such neglect or refusal, forfeit and pay an additional sum of twenty-five dollars.

39. Nothing herein before contained, shall be construed to prohibit any ship chandler from keeping, at any time,

Pitch, tar, &c.

Suits to recover penalties.

brought

in

in any inclosure in the said city, any quantity of pitch, tar, rosin, or turpentine, not exceeding twenty barrels in the whole.

§ 40. All pecuniary penalties imposed by this act may be sued for and recovered, with costs of suit, in any court having cognizance thereof, by the proper officers of the Fire Department of the said city, for the use of the said Fire Department.

To be § 41. All actions for any forfeiture or penalty incurred under this act, shall be commenced within one year next after the time of incurring such forfeiture or penalty.

one year.

Repeal.

§ 42. All laws or parts of laws heretofore passed, inconsistent with the provisions of this act, are hereby declared to be repealed, but such repeal shall not affect any suit or prosecution already commenced, or any penalty, forfeiture, or offense, already incurred or committed, under law, or part of a law.

any such

54th SESSION.

CHAP. 139.

AN ACT to extend the charter of the firemen of the city of
New York.

PASSED April 16, 1831.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

tion of the Fire Depart

1. The act entitled "An act to incorporate the fire- Incorporamen of the city of New York," passed March the 20th, ment. 1798, and all acts and parts of acts relating to the said corporation, and which are now in force, shall be continued in force until the first day of May, one thousand eight hundred and sixty, unless sooner altered, modified, or repealed by the Legislature.

Power to hold proper

§ 2. The said corporation shall have power to purchase, hold, and convey any estate, real or personal, for the use ty. and objects for which the said corporation was instituted; but such real or personal estate shall not exceed the sum of fifty thousand dollars.

5

Dwellings,

how structed

limits.

con

54th SESSION.

CHAP. 212.

AN ACT to extend the fire limits in the city of New York.

PASSED April 21, 1831.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§1. All dwelling-houses, store-houses, and other buildwithout fire ings, which, after the first day of July next, shall be built or erected in the city of New York, without the fire limits of the said city, as the same may have been defined or extended by any act or acts heretofore passed, and within the following boundaries, that is to say:

1. Beginning on the East river, opposite Rivington street, and running thence through Rivington street to the Bowery; thence through the Bowery to Division street; thence through Division street to Gouverneur street; thence through Gouverneur street to the East river; and thence along the East river to the place of beginning; including all the lots, to the depth of one hundred feet, on the northerly side of such part of the Bowery as are comprised in the foregoing description.

2. Beginning at the intersection of Broadway and Spring street, and running thence through Spring street to a line drawn one hundred feet distant, westerly, from the westerly side of Greene street, and parallel thereto; thence