Act of Apr. 13, 1784 N.Y. Laws 30, 30–31 (Elizabeth Holt 1784).

"CHAP. XXVIII.

An Act to prevent the Danger arising from the pernicious Practice of lodging Gun-Powder in Dwelling Houses, Stores or other Places within certain Parts of the City of New-York, or on Board of Vessels within the Harbour thereof. Passed the 13th Day of April, 1784.

    WHEREAS the Storing of Gun-Powder within the City of New-York, is dangerous to the Safety thereof,
    I. Be it therefore enacted by the People of the State of New-York, represented in Senate and Assembly, and it is hereby enacted by the Authority of the same, That from and after the passing of this Act, it shall not be lawful for any Merchant, Shopkeeper or Retailer, or any other Person or Persons whatsoever, to have or keep any Quantity of Gun-Powder exceeding twenty-eight Pounds Weight; in any one Place less than one Mile to the Northward of the City-Hall of the said City, except in the Public Magazine at the Freshwater; and the said Quantity of twenty-eight Pounds Weight, which shall be lawful for any Person to have and keep at any Place within this City, shall be separated into four Stone Jugs or Tin Canisters; which shall not contain more than Seven Pounds each, on Pain of forfeiting all such Gun-Powder, and the Sum of Fifty Pounds for every Hundred Weight, and in that Proportion for a greater or lesser Quantity, and upon Pain of forfeiting such Quantity which any Person may lawfully keep as aforesaid, and which shall not be separated as above directed, with full Costs of Suit to any Person or Persons who will inform and sue for the same, by any Action, Bill or Information in any of the Courts of Record in this City, who are hereby empowered and required to give special Judgment in such Action, Bills or Informations to be brought by Virtue of this Act, as well for the Recovery of the Value of such Gun-Powder in Specie, as for the Penalty aforesaid; besides Costs, and to award effectual Execution thereon:
    Provided always, That all Suits, Actions or Prosecutions to be brought, commenced or prosecuted against any Person or Persons for any Thing done in Pursuance of this Act, shall be commenced and prosecuted without wilful Delay, within two Calendar^[1] Months next after the Fact was committed, and not otherwise.
    And whereas, Vessels arriving from Sea and having on Board as Part of their Cargo, a Quantity of Gun-Powder;
    II. Be it enacted by the Authority aforesaid, That the Commander or Owner or Owners of all such ships or Vessels having Gun-Powder on Board, shall within twenty-four Hours after her Arrival in the Harbour, and before they haul along-side of any Wharf, Pier or Key within the City, land the said Gun-Powder by Means of their Boat or Boats or any other Craft, at any Place along the Ship-Yards on the East River, or at any Place to the Northward of the Air Furnace on the North-River, which which may be most contiguous^[2] to the Magazine at Freshwater, and shall cause the same to be stored there or in any other proper Magazine which now is or hereafter may be built for that Purpose, at any Place to the Northward thereof, on Pain of forfeiting all such Gun-Powder to any Person or Persons who will inform and sue for the same, in like Manner as is herein before directed with respect to the having and storing of Gun-Powder within the City as aforesaid.
    And in Order to prevent any fatal Consequences which may arise from the Carriage of Gun-Powder in and through the Streets of the City of New-York, by Carts, Carriages, or by Hand or otherwise, it shall be in tight Casks, well headed and hooped, and shall be put into Bags or Leather Cases, and entirely covered therewith, so as that none be spilt or scattered in the Passage thereof, on Pain of forfeiting all such Gun-Powder as shall be conveyed through any of the Streets aforesaid, in any other Manner than is herein directed; and it shall and may be lawful for any Person or Persons, to seize the same to his or their own Use and Benefit, provided the Person or Persons so offending, be thereof lawfully convicted before the Mayor, Recorder, or any two Justices of the City aforesaid. And that it shall and may be lawful for the Mayor or Recorder, or any two Justices of the Peace of the City and County of New-York, upon Demand by any Inhabitant or Inhabitants of the said City, who assigning a reasonable Cause of Suspicion on Oath (of the Sufficiency of which the said Mayor or Recorder, or Justices, is and are to judge) to issue his or their Warrant or Warrants under his or their Hands and Seals, for searching in the day-time for Gun-Powder, in any Building or Place whatsoever, within the Limits aforesaid, or any ship or Vessel, within forty-eight Hours after her Arrival in the Harbour, or at any Time after any such Ship or Vessel shall and may have hauled along-side of any Wharf, Pier or Key within the Limits aforesaid; and that upon any such Search, it shall be lawful for the Searchers or Persons finding the same, immediately to seize, and at any Time within twelve Hours after such Seizure, to cause the same to be removed to the Magazine at Fresh-water, or to any other proper Magazine, which now is, or hereafter may be at any Place North of Fresh-water aforesaid; and the same being so removed, it shall be lawful to detain and keep the same until it shall be determined by the Mayor, Recorder, or any two of the Justices of the Peace of the City and County aforesaid, whether the same shall be forfeited by Virtue of this Act; and the Person or Persons so detaining the same, shall not be subject or liable to any Action or Suit, for the Detention thereof;
    Provided always, That nothing in this Act contained, shall be construed to authorise any Person having such warrant, to take Advantage of the same, for serving any civil Process of any Kind whatsoever.
    III. And be it further enacted by the Authority aforesaid, That if any Gun-Powder, exceeding the Quantity which any Person by this Act may lawfully keep in his Custody, shall be found during any Fire, or Alarm of Fire in the said City, by any of the Firemen of the said City, it shall be lawful for him to seize the same without Warrant from a Magistrate, and to hold and have the same to his own Use; any Thing in this Act to the Contrary notwithstanding. This Act to be, and continue in Force from the passing thereof, until the twenty-eighth Day of February, in the Year of our Lord One Thousand Seven Hundred and Eighty-Six."