An Act to Prevent the Storing of Gun-Powder Within Certain Parts of the City of New-York, ch. 81, 1788 N.Y. Laws 184, 184–86 (Samuel and John Loudon).

"CHAP. LXXXI.
An ACT to prevent the storing of Gun-Powder within certain parts of the City of New-York. Passed the 15th of March 1788.

    WHEREAS the practice of storing gun-powder within certain parts of the city of New-York, is dangerous to the safety of the said city; Therefore,
    Be it 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 it shall not be lawful for any person or persons, to have or keep any quantity of gun-powder exceeding twenty-eight pounds weight, in any one place, house, store or out-house, less than one mile to the northward of the City-Hall of the said city, except in the public magazine at the fresh-water; which said quantity of twenty-eight pounds, shall be separated in four stone jugs or tin cannisters, each of which shall not contain more than seven pounds; and if any person or persons shall keep any greater quantity than twenty-eight pounds, in any one place, house, store or out-house, or if the same gun-powder so permitted to be kept as aforesaid, shall not be separated in the manner herein above directed, he, she or they shall forfeit all such gun-powder so kept, contrary to the true intent and meaning of this act, or so permitted to be kept, and which shall not be separated as aforesaid; and shall also forfeit the sum of fifty pounds for every hundred weight of powder, and in that proportion for a greater or less quantity, to be recovered with costs of suit, in any court having cognizance thereof, by any person or persons who will sue for the same. Provided always, That all actions and suits to be commenced, sued or prosecuted, against any person or persons, for any thing done contrary to this act, shall be commenced sued or prosecuted within two calendar^[1] months next after the offence committed and not at any time thereafter.
    And to avoid dangers from gun-powder laden on board of any ship or other vessel, arriving from sea:
    II. Be it further enacted by the authority aforesaid, That the commander or owner or owners of every ship or other vessel arriving from sea, and having gun-powder on board, shall within twenty-four hours after her arrival in the harbour, and before such ship or other vessel be hauled along side of any wharf, pier or key within the said city, land the said gun-powder, by means of a boat or boats, or other small craft at any place on the East-River, east of the wharf now building by Thomas Buchanan, or at any place on the North-River, to the northward of the air-furnace, which may be more contiguous to any of the magazines, and shall cause the same to be stored in one of the magazines now built, or hereafter to be built for that purpose, on pain of forfeiting all such gun-powder to any person or persons who will sue and prosecute for the same to effect, in manner aforesaid.
    And to prevent any evil consequences which may arise from the carriage of gunpowder,
   III. Be it further enacted by the authority aforesaid, That all gun-powder which shall be carried through the streets of the said city, by carts, carriages, or by hand, or otherwise, shall be in tight casks, well headed and hooped, and shall be put into bags or leather cases, and entirely covered therewith, so that no powder may be spilled 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 hereby 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, and to convey the same to one of the magazines aforesaid, and thereupon to prosecute the person or persons offending against this act before the Mayor or Recorder and any two Aldermen of the said city; and such gun-powder shall upon conviction be condemned to the use of the person or persons seizing the same.
    IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Mayor or Recorder, or any two Aldermen of the said city, upon application made by any inhabitant or inhabitants of the said city, and upon his or their making oath of reasonable cause of suspicion (or the sufficiency of which the said Mayor or Recorder, or Aldermen is and are to be the judge or judges) to issue his or their warrant or warrants, under his or their hand and seal, or hands and seals, for searching for such gun-powder, in the day time, in any building or place whatsoever, within the limits aforesaid, or in any ship or other vessel, within forty-eight hours after her arrival in the harbour, or at any time after such ship or other vessel shall and may have hauled along side any wharf, pier or key; within the limits aforesaid: And that upon any such search it shall be lawful for the persons finding any such gun-powder, immediately to seize, and at any time within twelve hours after such seizure, to convey the same to one of the magazines aforesaid; and the same gun-powder being so removed, to detain and keep, until it shall be determined by the Mayor or Recorder and any two Aldermen of the said city, whether the same is 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 clause of 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: Provided also, That nothing in this act contained shall extend to ships of war, or packets in the service of the United States or any of them, or of any foreign Prince or State; nor to authorise the searching for gun-powder on board of any such ship or vessel while laying in the stream, and upwards of one hundred yards from the wharf or shore.
    V. And be it further enacted by the authority aforesaid, That if any gun-powder exceeding twenty-eight pounds shall be found in the custody of any person, during any fire or alarm of fire, in the said city, by any fireman of the said city, it shall be lawful for him to seize the same, without warrant from the Mayor, or Recorder or Aldermen, and to cause the same to be condemned, in manner aforesaid, to his own use; any thing in this act to the contrary notwithstanding."