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in making their estimate and assessment of the value of the benefit and advantage of such public square or place, be confined to the lands, tenements, hereditaments and premises fronting thereon and lying within half the distance of the next street or avenue there, to from the same op each side thereof, but on the contrary thereof, after having made their estimate and assessment of the loss and damage over and above the benefit and advantage, and of the benefit and advantage over and above the loss and damage, and of the equality of the benefit and advantage to the lows and damage, as the case may be, to the respective owners, lessees, parties and persons respectively entitled unto or interested in the lands, tenements, hereditaments and premises so required for the purpose by and in

consequence of opening such public square or place, the said commissioners shall proceed to make a just and equitable estimate and assessment of the value of the benefit and advantage of such public square or place so to be opened by the respective owners, lessees, parties and persons respectively entitled unto or interested in the lands, tenements, hereditaments and premises lying out of the limits of such public square or place, and which the said commissioners

unay deem to be benefitted by such public square or place, in re: spect to the respective estates and interest of such owners, lessees,

parties and persons respectively so entitled to or interested in such said lands, tenements, hereditaments and premises so deemed bene. fitted thereby : And the said cominissioners shall and may extend their said assessments to any such lands, tenements, hereditaments and premises as they may deem to be benefitted by the opening of the said public square or place, notwithstanding such said lands, tenements, hereditainents and premises may be situated without and beyond half the distance of the next street or avenue thereto from such said public square or place, on any side thereof.

II. And be it further enacted, That no such assessment as is certain er directed in and by the one hundred and eighty-fifth section of the pences to be

paid by the act hereby amended, shall be made after the confirmation of the re- corporation, port of the commissioners, in cases of the opening of such public squares or places as aforesaid, but all the excess and balance of the sums or estimates of compensation and recompence that may be reported by the said commissioners in favor of the respective persons and parties entitled thereto, and of the expences and charges of the estimate and assessment and report that may be made in the premises, and all other expences, disbursements and charges in the premises over and above the amount of the sums or assessments which may be assessed by the said commissioners upon the per. sons and parties, lands and tenements, for the benefit of such publie square or place, shall be borne and paid by the mayor, aldermen and commonaity of the city of New-York, without any such assessment and collection as is directed in and by the said one hun dred and eighty-fifth section of the said act.

III. And be it further enacted, That the said commissioners shall in all things, except as above mentioned, proceed in the exe- Core mission. cution of the duties of their appointment in manner directed in and ers bo

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proceed. by the act hereby amended ; and the report to be made by them shall, except as aforesaid, be made in the manner specified by the said act, and the like proceedings shall be had as to the deposit of

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the said report in the clerk's office of the city of New-York, and notice thereof, and the confirmation of such report by the court, or the reference back to the same commissioners, or to new commissioners, as are prescribed in and by the said act.

IV. And be it further enacted, That all and singular the proSections of a former act "vision of the act hereby amended, as to the conclusive effect of the applicable to

report, the rights accruing to and liabilities imposed upon the corOpening pub lie squares, oporation of New-York thereupon, and all and every the other pro

visions contained in the one hundred and seventy-seventh, one hundred and seventy-eighth, one hundred and seventy-ninth, one hundred and eightieth, one hundred and eighty-first, one hundred and eighty-second, one hundred and eighty-third, one hundred and eighty-fourth, one hundred and eighty-sixth, one hundred and eighty-seventh, one hundred and eighty-eighth, one hundred and eighty-ninth and one hundred and ninetieth sections of the said act shall be, and they are hereby declared to be applicable to the opening of any public square or place in the city of New-York, excepto irg only that the commissioners appointed for that purpose shall not be confined in their estimate and assessment of benefits to any liirit or limits whatsoever, and excepting also that the damages awarded hy the said commissioners, and the expences, disbursements and charges in the premises shall be borne and paid by the mayor, oldermen and commonalty of the city of New-York, out of the amounts or sums that may be assessed by the said commissioners upon the parties and persons, lands and tenements deemed by them benefitted by the opening of such public square or place, so far as such amounts or sums assessed may extend, and the surplus of such damage, expences, disbursements and charges shall be defrayed out of the city treasury.

CHAP. CLIII.
An ACT concerning distresses for Rent in the City and County

of New York,

Passed April 11, 1815. Be it enacted by the people of the state of New-York, repre, sented in Senate and Assembly, That no landlord or person entitled to distrain for rent, shall distrain the goods of any person or persons whatsoever within the said city and county for such rent, unless snch person or landlord, or his bailiff, agent or receiver shall, before making or causing such distress to be levied, make an affidavit before a justice of the peace, or other magistrate in the said city and county, authorised by law to administer oaths, stating the amount due for such rent, and file such affidavit in the office of the clerk of the said city and county; and that any landlord, or other person, wilfully swearing falsely in making such affidavit, shall be deemed guilty of, and liable to the pains and penalties of wilful and corrupt perjury.

CHAP. CLIV. An ACT authorising the Corporation of New-York to erect Ferry-Houses of wooden materials within the said City.

Passed April 11, 1815. WHEREAS the mayor, aldermen and commonalty of the city of New-York have, by their memorial presented to the legislature, prayed that they may be authorised to construct ferry-houses of wooden materials within part of the said city within which buildings are required to be constructed with brick or stone. And whereas it does not appear to the legislature that any inconvenience or danger will arise from granting the prayer of the said memorialists: Therefore,

Be it enacted by the people of the state of New York, represented in Senate and Assembly, That the mayor, aldermen and cominonalty of the city of New-York be, and they hereby are authorised to cause such wooden buildings as they may deem proper for ferry-houses to be constructed upon the wharves or streets adjoining any or either of the present or future ferries from the said city to Long-Island, Staten Island or New-Jersey, any law to the contrary thereof in any wise notwithstanding.

CHAP. CLV.
An ACT for the more effectual prevention of Fires in the City

of New-York.

Passed April 11, 1815. 1. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That all dwelling-houses, storehouses, and other buildings which, from and after the passing of

Buildings this act, shall be built or erected in the city of New-York, that is bow to bure to say, within that part of the said city to the northward of the point rected in cer

tain parts of of the battery, and included between the said point of the battery the city. and a line beginning upon the East river, opposite Montgomerystreet, thence through Montgomery-street to Cherry-street, thence down Cherry-street to Catharine-street, thence through Catharinestreet to Chatham-street, thence down Chatham-street to Pearlstreet, thence through Pearl-street to Broadway, thence up Broadway to Anthony-street, thence through Anthony-street to Hudsonstreet, thence down Hudson-street to Jay-street, and thence through Jay-street 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 Pearl-street and Canal-street, 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 : Pro Proviso. vided such fiat do not exceed two fifth parts of such roof, and that there be erected around the same flat a substantial balcony or balustrade.

included in

Penalty for II. And be it further enacted, That if any dwelling-house, storebuilding con. trary to this house, or other building whatsoever, shall be erected or roofed con

trary 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 dwelling-house, store-house, or other building, contrary to the said section, whether be be 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 appli- ed; 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 dwelling-houses, storeBuildings e-houses, and other buildings whatsoever which, after the passing of rested after

of this act, shall be built or erected within the said city, that is to say,

this the passing of this act be within that part of the said city situate between the above mentiontweencertain bounds, &c. ed line and a line beginning at the North river at a place called shall not be Deklyne's ferry, a little to the northward of the state-prison, and the 1st sec. running thence easterly in front of the new banking houses to the

road commonly called the Sandy-bill road, and through the said road to the northward of Potter's field and the house of William Neilson, to the Bowery, and across the Bowery to a street commonly called Stuyvesant-street, and through the middle thereof to the East river, (and which shall not be included within the first section of this act) and which from the surface or level of the street or ground to which such building shall adjoin, either in the front or in the rear, to the foot of the rafter, shall be more than thirty feet, or of more than two stories, shall be made 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 Proviso. shingles : Provided such fiat 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. Buildings IV. And be it further enacted, That if any dwelling-house, erceted con store-house, or other building whatsoever, shall be erected or rooflast sec. pro-ed contrary to the last preceding section of this act, the proprietor prietors shall forft it 400 400hall or proprietors thereof shall, for every such offence, forfeit and pay

the sum of four hundred dollars; and every builder who shall build or roof, or assist in building or roofing such dwelling-house, storehouse, or other building, contrary to the said last preceding section, whether he be the proprietor or not, shall, for every such of. fence, forfeit and pay the sum of two hundred dollars, to be recovered, with costs of suit, in any court of record within this state, by the treasurer or chamberlain of the said city, for the use of the poor thereof; and when recovered, shall be appropriated by the common council of the said city in manner aforesaid ; and no such ac

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tion 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.

And the more effectually to prevent the erection of any dwellinghouse, store-house, or other building, within the said city contrary to this act,

V. Be it further enacied, That every such dwelling-house, store-house, or other building which, after the passing of this act, erected conshall be erected or roofed within the said city contrary to this act, act seemed shall be deemed a common nuisance ; and the justices of the su- nuisances. preme court, and the justices of the courts of oyer and terminer and general gaol 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 and given by them to the grand juries in their respective courts, strictly to charge such grand jurors diligently to inquire into 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 prosecutions, and upon conviction to adjudge such fines and penalties as they in their discretion shall think fit and proper; and also, in their discretion, to cause such nuisance to be abated and removed.

VI. And be it further enacted, That if any dwelling-house, ce store-house, or other building already erected, and now covered ings may be

roofed with with boards or shingles, within the said city, southward and west- Shiveles. ward of the line last mentioned, shall at any time hereafter require to be new roofed, it shall and may be lawful for the proprietors to roof the same with boards or shingles, or in such other manner as was customary before the passing of this act, any thing herein contained to the contrary notwithstanding,

VII. And be it further enacted, That all roofs, steeples, cupo- stsented las and spires of churches, and other public buildings, may be coy- cupolas, &e. ered with boards and shingles; and all privies not exceeding ten feet square and fifteen feet in height, and all fire-engine houses of the corporation, and all lime houses which shall be erected by the express permission of the corporation, may be built of wood and boards, and covered with boards or shingles, any thing in this act to the contrary notwithstanding.

VIII. And be it further enacted, That the fifty-ninth, sixtieth, Parts of a sixty-first, sixty-second, sixty-third, sixty-fourth and sixty-fifth former law sections of the act entitled “An act to reduce several laws relating helt particularly to the city of New-York into one act," passed April 9, 1813, be, and the same hereby are repealed : Provided however, That such repeal shall not affect any suit or prosecution commenced, or penalty or offence incurred or committed previous to the passing of this act, but every such suit or prosecution may lawfully proceed, and every such penalty or offence be demanded, prosecuto ed, recovered or punished, as the case may be, as if the said sections of the said act had remained in full force.

repealed.

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