(1.) Sec. I. The City Council of Dayton ordain, That no person or persons shall be allowed to keep, within the boundaries of the in-lots within this city, more than twenty-eight pounds of gun or cannon powder, at any one time, which twenty-eight pounds shall be divided into at least four parcels, and such parcels secured in stone jugs with tight stoppers, or in tin canisters with safe and sufficient stoppers or covers, and not more than seven pounds in any one jug or canister aforesaid: and any person or persons keeping twenty-eight pounds of either gun or cannon powder, or both, or a less quantity within the boundaries aforesaid, who shall neglect or refuse to parcel and secure the same in the manner aforesaid, shall forfeit the same to the city of Dayton. And any person or persons keeping any greater quantity than twenty-eight pounds of powder as aforesaid, within the boundaries aforesaid, shall forfeit the same to the city, and shall also, upon conviction thereof, before the Mayor, pay a fine not exceeding one hundred dollars, with costs of suit. Provided, that nothing in this ordinance shall be construed as to prevent any person from conveying gunpowder through the street to some place of deposit without the limits aforesaid; Provided, the same shall be put up in tight and secure kegs, barrels or casks.

(2.) Sec. II. It shall be the duty of the city Marshal and each of the fire wardens, on any day (Sundays excepted) between sun rising and sun setting, to enter into any house or building, or any other place within the limits of the in lots aforesaid, where gun or cannon powder is kept or suspected to be kept, and examine the premises, and if said marshal, fire warden, or any of them, shall find any gun or cannon powder, kept contrary to the provisions of this ordinance, they or either of them shall seize the same, together with the vessel or vessels containing the same, in the name of the city of Dayton; and the officer making such seizure, if he be a fire warden, shall forth with report such seizure to the marshal,who shall immediately take charge of such powder seized as aforesaid, as if he had seized the same himself; and it shall be the duty of said marshal to take into his possession all such powder so seized, either by himself or any of the said fire wardens, and to sell the same at public auction, at the market house in said city, for the use and benefit of said city of Dayton, after baring given at least three days notice of such sale by advertisement, posted up on the niarket house, fronting on Main street; said sales shall be had on market days, to the highest bidder, and said powder sold by samples, and the proceeds of such sales paid over to the city treasurer.

(3.) Sec. III. That all that part of the ordinance, entiled ‘an ordinance for preventing and extinguishing fires and to regulate the keeping of gunpowder,’ passed by the common council of the town of Dayton, April 23, 1831, which relates to the regulating and keeping of gunpowder, and all other ordinances and parts of orlinances contrary to the pro visions of this ordinance, be and the same are hereby repealed.