An Ordinance for preventing and extinguishing Fires, Articles 10, 11, & 12. (1 July, 1817, New Orleans)

  • Year:
  • 1817

"ARTICLE 10. It shall not be lawful for any person to have or keep within the city and suburbs, or within two miles of the same, (except the public magazine, or place of depot appointed for that purpose) any quantity of gunpowder, at any one time exceeding one hundred pound weight, in any one place, house, store or out-house, which said quantity of one hundred pounds shall be separated in several stone jugs or tin canisters, each of which shall not contain more than ten pounds of powder, and shall be provided with a safe and sufficient stopper; and if any person or persons shall keep any greater quantity of gunpowder, at one time, than one hundred pounds, in any one place, house, store or out-house, or if the same gunpowder, so kept as aforesaid, shall not be separated in the manner herein above directed, he, she or they shall forfeit all such gunpowder so kept contrary to the true intent and meaning of this ordinance, or so permitted to be kept, and which shall not be separated as aforesaid, and shall also forfeit and pay a fine of not less than twenty-five, nor more than one hundred dollars, to be recovered with costs of suit, by the Mayor or any other competent magistrate; one half to the informer, and the other half for the use of the city.

ARTICLE 11. The Mayor, or any justice of the peace within the limits of the city, is hereby authorised, as often as he shall be informed upon oath, or affirmation, of probable cause to suspect any person or persons whomsoever, of concealing or keeping within the city or precincts, to the distance of two miles from the said city, any quantity of gunpowder, over and above one hundred pounds weight, as aforesaid, or of concealing or keeping in any boat, ship or other vessel within the port of New-Orleans, any quantity of gunpowder, over and above ten pounds weight, (ships of war only excepted) to issue a search warrant to be executed in the house, store, shop, or other place, or any boat, ship or other vessel designated to him, to examine into the truth of such allegation, in order that every such offender be proceeded against in the manner above specified ; or in conformity with the ordinance respecting the said port, as the case may be.

ARTICLE 12. No person shall hereafter be permitted to fire or discharge any gun, pistol, fowling piece or fire arm, nor to discharge or let off any rocket, cracker, squib or other fire-works, in any street, court-yard, lot, walk or public way, within the city or suburbs, or from the door or window of any house or other building, or near any house or other inhabited part of the said city or suburbs, on any account whatever, particularly on the occasion of festivals or public rejoicings, under the penalty of from five to ten dollars upon each offender, if the person so offending be free, and of thirty lashes, if the offender be a slave; provided always, that nothing contained in this ordinance shall be construed to extend to the reviews or exercises of any military company; and if any person or persons shall let off any fire-works, or shall make any bonfire, without having first obtained the permission of the Mayor of this city, who will appoint a place for so doing, every such person or persons shall pay the fine aforesaid."

1840, LA, An Ordinance for preventing and extinguishing Fires

John Calhoun, Digest of the Ordinances and Resolutions of the Second Municipality of New Orleans in Force May 1, 1840, (New Orleans, LA: F. Cook & A. Levy, 1840), 46-47.