it kins, in said town, and that all that part of the said town of Cambria, bounded east by the west boundary line of said town of Hartland, north by a line dividing townships the thirteenth and fourteenth, west by the line of this state, south by the last said line and the Tondawanda creek, be erected into a separate town by the name of Schlosser, and that the first town-meeting Sehlosse in the said town of Schlosser, shall be held at the house of James Field, in said town, and that all the remainder of the said town of Cambria, shall be and and remain a separate town, by the name of Cambria, and that the first town-meeting in said town of Cambria, shall be held at the house of Thomas Hustlee, in said town. Poor, and III. And be it further enacted, That as soon as may be after the first Tuesday of April next, the super-poor mones visors and overseers of the poor of the towns erected from the town of Pomfret, and the supervisors and overseers of the poor of the towns erected from the town of Cambria, due notice thereof by the said super, visors being given, shall respectively meet and apportion the poor maintained by the said towns of Pomfret and Cambria respectively, and the poor money belonging to the same, agreeably to the last tax lists of each of said towns and that each of said towns so erected as aforesaid, shall thereafter maintain its own poor. act shall IV. And be it further enacted, That this act shall When this take effect from and after the day preceding the first take effe Tuesday of April, one thousand eight hundred and thirteen. J CHAP. LXXII. An ACT to amend an act, entitled "An act for the more effectual prevention of fires, and to regulate buildings in the city of New-York, 'I. Passed June 1, 1812. ereeted with. in certain limits to be of brick or stone. tile or slate. Proviso. Buildings ward of the point of the battery, and a line beginning upon the East river opposite Montgomery-street; thence through Montgomery-street to Cherry-street; thence down Cherry-street to Rosevelt-street; thence through Rosevelt-street to Chatham-street; thence down Chatham-street to Chamber's-street, and thence through Chamber's-street to Broadway; thence up Broadway to Canal-street; then commencing again at Chamber's-street and running to Hudson's river, including also the lots of ground on the northerly and -easterly sides of the said streets, through which the above mentioned line runs, and including also the lots of ground fronting on both sides of the Broadway, between Chamber's-street and Canal-street, shall be Covered with made and constructed of stone or brick, with party.or fire walls rising at least six inches above the roof, and shall be covered, except the flat roof thereof, with tile or slate, or other safe materials against fire, and not with boards or shingles: Provided such flat do not exceed two-fifth parts of such roof; and that there be erected around the same flat a sebstantial balcony or balustrade: Provided also, That the said provisions ther pro and regulations shall not extend or apply to any building whatsoever that shall be erected or built upon any lands, tenements, or hereditaments (whereon there shall be any building at the time of passing this act,) within the limits aforesaid, and northward and eastward of a line beginning upon the East river in a direct line from the corner of Montgomery and Cherrystreets; thence down Cherry-street to Pearl-street; thence down Pearl-street to Beekman-street; thence through Beekman-street to Chatham Row; thence down Chatham Row and across Broadway to Parti tion-street; thence through, Partition across Greenwich, Washington and West-streets to Hudson's river, except such buildings as may be built or erected on any lot or lots of ground on the northwardly or eastwardly sides of the said streets through which the line aforesaid runs, by any lessee or lessees or other person or persons, possessed of a leasehold estate or interest of and in such said lands, tenements or hereditaments, for any term of years, whereof not more than ten years Further viso. shall, at the time of passing this act, be unexpired under or by virtue of any lease or other contract actually. subsisting and in force at the time of passing this act, and wherein there shall not be contained any clause or provision for any allowance or payment to the lessee or lessees, their executors, administrators or assigns, or any of them, at or before or after the end or expiration of the said term for or in respect of any building erected or to be erected on the said leasehold premises during the said term, but that it shall be lawful for any such lessee or lessees, or person or persons so possessed of a leasehold estate or interest, in any lands, tenements, hereditaments or premises within the limits aforesaid, and northwardly and eastwardly of the line aforesaid, except as aforesaid, who shall be so circumstanced in respect to the said leasehold premises, and his, her or their estate and interest therein as aforesaid, to erect and build upon the said leasehold premises, whereof he, she or they shall be so possessed, or upon any part thereof, any building whatsoever, which from the surface or level of the street or ground to which such building shall adjoin, either in the front or in the rear, to the foot of the rafter, shall be not more than twenty-five feet, with the materials, and in the manner the same may now be lawfully built or erected, any thing in this act contained to the contrary notwithstanding; but any building so to be built or erected, upon any such leasehold premises, by any such lessee or lessees, or person or persons possessed of any leasehold estate or interest therein, being so circumstanced as herein aforesaid, which from the surface or level of the street or ground to which such building shall adjoin, either in the front or in the rear, to the foot of the rafter, shall be more than twenty-five feet, shall be made and constructed of stone or brick, with party or fire walls rising at least six inches above the roof, and shall be covered with tile or slate, or other safc materials against fire, and not with boards or shingles, except the flat roof thereof, such flat roof not to exceed two equal fifth parts of the space of the Penalty. whole roof, and a substantial balcony or balustrade being er cted around the same. II. And be it further enacted, That if any dwellinghouse, store-house or other building whatsoever, shall be erected or roofed contrary to the preceding section of this act, the proprietor or proprietors thereof, shall, for every such offence, forfeit and pay the sum of five hundred dollars; and every builder who shall build or roof, or assist in building or roofing such dwellinghouse, store-house or other building, contrary to the said section, whether he be the proprietor or not, shall for every such offence forfeit and pay the sum of two hundred and fifty dollars, to be recovered with costs of suit, in any court of record within this state, by the Treasurer or Chamberlain of the said city, for the use of the poor thereof, and when recovered shall be appropriated by the Common Council of the said city, in the same manner as the monies raised by tax, for the maintenance of the poor of the said city, are by law directed to be applied, and no such action or suit shall be abated or discontinued by the death, resignation, removal from office or other change of such Treasurer or Chamberlain, but shall and may be continued and prosecuted to effect, by his successor in office. III. And be it further enacted, That all dwellingBuildings in houses, store-houses and other buildings whatsoever, lamp district which, after the passing of this act, shall be built or dimensions. erected within said city, that is to say, within the watch and of certain Proviso. watch and lamp district of the said city, and not inclu ded in the first section of this act, and which from the surface or level of the street or ground to which such building shall adjoin, either in the front or in the rear to the foot of the rafter, shall be more than thirty feet, or of more than two stories, shall be made and constructed of stone or brick, with party or fire-walls rising at least six inches above the roof, and shall be covered, except the flat roof thereof, with tile or slate, or other safe materials against fire, and not with boards or shingles: Provided such flat do not exceed two equal fifth parts of the space of such roof, and that there be erected around the same, a substantial balcony or balustrade. IV. And be it further enacted, That if any dwellinghouse, store-house or other building whatsoever, shall be erected or roofed contrary to the last preceding sec- Penalty. tion of this act, the proprietor or proprietors thereof, shall, for every such offence, forfeit and pay the sum of four hundred dollars, and every builder who shall build, roof or assist in building or roofing such dwel ling-house, store-house or other building, contrary to the said last preceding section, whether he be the proprietor or not, shall for every such offence, forfeit and pay the sum of two hundred dollars, to be recovered with costs of suit in any court of record within this state, by the Treasurer or Chamberlain of the said city, for the use of the poor thereof, and when reco, vered shall be appropriated by the common council of said city, in manner aforesaid, and no such action or suit shall be abated or discontinued by the death, resignation, removal from office or other change of such treasurer or chamberlain, but shall and may be continued and prosecuted to effect, by his successor in office. Certain buil a nuisance. V. And the more effectually to prevent the erection of any dwelling-house, store-house or other building dings deemed within the said city, contrary to this act : Be it further enacted That every such dwelling-house, store-house or other building, which, after the passing of this act, shall be erected or roofed within the said city, contrary to this act, shall be deemed a common nuisance, and the justices of the supreme court, and the justices. of the court of oyer and terminer and goal delivery, and the justices of the courts of general sessions of the peace, shall, within the said city, have cognizance of such offences, and are hereby enjoined and required in all and every of the charges hereafter to be made or given by them to the grand juries in their respective courts, strictly to charge such grand jurors diligently to enquire of and to present all offences against this act, and the court to which an indictment or presentment shall be preferred for such offence, shall be and hereby is empowered and enjoined to prosecute such indictment, or cause the same to be prosecuted in the usual manner of prosecution, and upon conviction, to |