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SEC. 36. If any gunpowder exceeding twenty-eight pounds in Seizure quantity, shall be found in the possession or custody of any person, ing any fire. 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 said mayor or recorder and 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 due course of law, whether such gunpowder be forfeited by virtue of this act.

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SEC. 37. No greater quantity of sulphur than ten hundred weight, sulphur, etc. or of hemp or flax than twenty hundred weight, or of pitch, tar, quantities to turpentine, rosin, spirits of turpentine, varnish, linseed oil, oil of be kept. vitriol, aquafortis, 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.

SEC. 38. Every person who shall violate either of the provisions Penalty. of the last section, shall, for every such offence, 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.

ect.

SEC. 39. Nothing hereinbefore contained, shall be construed to Pitch, prohibit any ship chandler from keeping, at any time, in any enclosure in the said city, any quantity of pitch, tar, rosin or turpentine, not exceeding twenty barrels in the whole.

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SEC. 40. All pecuniary penalties imposed by this act, may be suits to resued for and recovered, with costs of suit, in any court having cog- ties. nizance thereof, by the proper officers of the fire department of the said city, for the use of the said fire department.

in one year

SEC. 41. All actions for any forfeiture or penalty incurred under To be bro't this act, shall be commenced within one year next after the time of incurring such forfeiture or penalty.

SEC. 42. All laws or parts of laws heretofore passed, inconsistent Repeal. 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 offence already incurred or committed, under any such law or part of a law.

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1830. CHAPTER CCCVII.

BOARD OF ASSESSORS.

AN ACT to amend the act passed April 6th, 1825, entitled "an act respecting the Collection of Taxes in the City of New York."-Passed April 20, 1830.

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

SEC. 1. It shall be the duty of the assessors annually chosen in the several wards of the city of New York, before they proceed to assess the property in their respective wards, to meet together in the city hall of the said city, at eleven o'clock in the forenoon, to wit: in the present year, on the first Tuesday of May next, and annually thereafter on the first Tuesday after they shall have been sworn into office, and then and there to appoint from among themselves a president and secretary, and to organize themselves into a board for the transaction of business, to be called the general Board of Assessors.(1)

SEC. 2. The said general board of assessors shall have power to adjourn to meet again at such time and place, and from time to time, as they may think fit; and the secretary thereof shall keep a regular book of minutes of all the proceedings of the said board.

SEC. 3. It shall be the duty of the said general board of asses sors, either at their first or at any subsequent meeting, before the members thereof proceed to assess property in their respective wards, to adopt such rules or by-laws as may, in their opinion, be best calculated to produce equality and uniformity in the different valuations of property and assessments in the several wards.

SEC. 4. After the several assessment rolls for all the wards of compared. the said city shall have been completed by the assessors for each ward respectively, and before fair copies thereof are made for the inspection of the inhabitants of the said wards respectively, it shall be the duty of the president of the said general board of assessors, to convene the members thereof; and the said board shall thereupon examine and compare the said several assessment rolls, for

(1) [Time of meeting of assessors changed to first Tuesday after the first day of January in each year, by sec. 9, chap. 121, Laws of 1850.]

the purpose of ascertaining whether the valuations in one ward bear a just relation to the valuations in all the wards of the said city; and they may increase or diminish the aggregate valuations of real estates in any ward, by adding or deducting such sum upon the hundred as may, in their opinion, be necessary to produce a just relation between all the valuations of real estate in the said city; but they shall in no instance reduce the aggregate valuations of all the wards below the aggregate valuation thereof, as made by the assessors of the said wards respectively.

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SEC. 5. The said general board of assessors shall have power, by Alterations a vote of the majority of all the assessors, to alter or correct any vote. such assessment roll, by increasing or diminishing the valuation of any property or any assessment therein contained.

SEC. 6. After the said assessment rolls shall have been so examined and compared, or altered or corrected, the same shall be returned to the assessors of the several wards respectively, who shall cause fair copies thereof to be made out and left with one of their number, and shall proceed thereupon to give notice according to law, of their having completed such assessments.

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minutes.

SEC. 7. It shall be the duty of the secretary of the said general Book board of assessors, to deliver to the supervisors of the city of New York, at their first annual meeting, the book of minutes of the proceedings of the said board, and to attend before the said supervisors when required.(1)

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SEC. 8. The supervisors of the said city shall, at their annual Supervisors meetings, examine the assessment rolls of the several wards, for the rolls. purpose of ascertaining whether the valuations in one ward bear a just relation to the valuations in all the wards of the said city; and they may increase or diminish the aggregate valuations of real estates in any ward, by adding or deducting such sum upon the hundred as may, in their opinion, be necessary to produce a just relation between all the valuations of real estates in the said city; but they shall in no instance reduce the aggregate valuations of all the wards, below the aggregate valuation thereof as made by the

assessors.

sessors.

SEC. 9. The compensation to be allowed to assessors and collect- Pay of asors of taxes in the city of New York, for their services, shall be determined by the supervisors of the said city, at such time or times as they may think proper.

(1) [By sec. 12, chap. 121, Laws of 1850, book of minutes to be delivered to tax commissioners.]

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SEC. 10. All keepers of taverns, boarding-houses, and other to give the housekeepers, upon their being requested by any assessor of the ward in which such tavern, boarding-house or other house, may be situated, shall give such assessor a true account of all persons boarding or lodging, or being tenants in such house, and their several names, if known; to the end that any such person liable to taxation, may be assessed according to law.

Penalty.

SEC. 11. If any person of whom such information is demanded, shall refuse to give the same, or shall wilfully give erroneous account, such person shall forfeit and pay one hundred dollars to the collector of such ward, who may sue for and recover the same, with costs, in any court having cognizance thereof; and the sums so recovered, shall be applied to make good any delinquency in the collectors of taxes in such ward.

1830.-CHAPTER CCCVIII.

AN ACT to continue in force an Act to incorporate an Association for the Relief of respectable aged indigent Females in the City of New York, passed March 10th, 1815.-Passed April 20, 1830.

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

SEC. 1. The act entitled "An act to incorporate an association for the relief of respectable aged indigent females in the city of New York," passed March 11th, 1815, is hereby continued in full force until the tenth day of March, one thousand eight hundred and fifty.

Preamble.

1831.-CHAPTER LVIII.

AN ACT to incorporate the Leake and Watts Orphan-house, in the
City of New York.-Passed March 7, 1831.

Whereas, John G. Leake, late of the city of New York, deceased, in and by his last will and testament did, after certain legacies and devises therein mentioned, devise and bequeath all the residue and remainder of his estates, real as well as personal, to his executors, the survivors and survivor of them, for the uses and upon the trusts following, viz.: As for and concerning certain real estate, to convey the same in the manner directed by the said will; and as for and concerning the shares in the bank of the United States, which he should leave at his decease, that the said executors should pay the interest or dividends arising therefrom, as the same should be re

ceived, unto Margaret Leake, the relict of his late brother Robert Leake; and in case of the non-renewal of the charter, the interest arising from the nett proceeds thereof, during her life; and as for and concerning all the rest, residue and remainder of his estates, real and personal, not therein before disposed of, and all moneys arising from the sale or sales of his lands, and also the said bank shares, or the nett proceeds thereof, on the decease of the said Margaret Leake, to and for the use, benefit and behoof of Robert Watts, the then second son of his friend and executor, John Watts, and his heirs, upon this express condition; that the said Robert Watts and his heirs should take the name of Leake, and by that surname be called and known forever thereafter. But if the said Robert Watts should die under age, and without lawful issue, or should refuse to accept of the said devise and bequest on the aforesaid condition, then the said testator directed that the said shares, upon either of the last mentioned contingencies taking place, and at the said Margaret Leake's decease, or the nett proceeds thereof, in case of the non-renewal of the charter, should be equally divided amongst the oldest surviving sons of his executors: and that all the rest, residue and remainder of his estate, real and personal, in the hands and possession of his said executors, upon the death or refusal of the said Robert Watts to accept as aforesaid, should be likewise immediately thereupon conveyed and transferred by his said executors, the survivors and survivor of them, unto the rector and churchwardens of the Protestant Episcopal church, the presiding or eldest minister of the Dutch and Presbyterian congregations respectively, in the city of New York, and their successors, together with the mayor and recorder of the said city and their successors, upon this special trust and confidence, to be by them appropriated to the purchasing and endowing of a house, or of ground to erect and endow a building in the suburbs of the city, for the reception, maintenance and education, from time to time, forever thereafter, of as many helpless orphan children, (paying no regard to the country or religious persuasion of their deceased parents,) until they shall severally arrive at an age to be put out apprentices to trades or services, as the said trustees shall deem the annual income arising from the said estates, fully adequate to support; and to be under such rules and regulations, with such and as many attendants for the management and government thereof, as a majority of said trustees shall judge to be most useful and expedient: nevertheless, the testator declared it to be his will, that no part of the estates devised, should be applied towards the purchasing or erecting of the building aforesaid, but that the expense should be defrayed solely out of the rents, issues and profits: And whereas, It is represented to the Legislature, that the said John G. Leake died on or about the second day of

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