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Minutes of the Common Council of the City of New York, 1784-1831 (Volume 10) online

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Street to Lewis Street and that an Ordinance be passed for that pur-
pose and the Street Commissioner carry the same into effect."

(signed) Jacob B. Taylor
" John Morss

Shivers Parker

which was agreed to and the Street Commissioner immediately reported
an Ordinance for filling up and regulating North Street from Willet
to Lewis Street which was passed and Abraham Baudouine, John
Broww[er] & Jacob C. Mott were appointed Assessors.

Mr. Allen presented the following which was agreed to.

" Resolved that the Counsel be instructed to prepare a law, to be
sent to the Legislature for their concurrence, authorising the Corpora-
tion to raise by tax on the real and personal estate in this City and
County the sum of Two hundred and fifty thousand dollars to be ap-
plied to defraying [52] the current expences of the ensuing year, and
that he designate in said Law the Lamp and Watch District as fol-
lows : Beginning at the North river at a place called Decklyn's Ferry,
at a little to the northward of the State Prison, and running thence
easterly in front of the new Bank houses to the road called Sandyhill
Road, and thro' the said Road to the Northward of Potters' field and
the house of William Nielson to Broadway, thro' Broadway to 13 th
Street, and thro' 13 th Street to the East river, including the lots on
both sides of the line thus designated.



186 CITY OF NEW YORK 11 Jan. 1819

" Resolved that the Counsel also prepare a memorial on the above
subject and that his Honor the Mayor sign, and the Clerk be author-
ised to affix, during the recess of the, Board, the Seal of the Corpora-
tion to said Memorial."

t

The following Resolution was presented:

" Resolved that the Counsel be authorised to proceed to Albany
for the purpose of giving the necessary attention to the business of the
Corporation to be laid before the Honorable the Legislature of this
State." On the question of agreeing to the same, a division having
been called, it was carried in the Affirmative as follows :

[53] Affirmative. Mr. Recorder Aldermen. Underhill Morss Buck-
master Taylor Thorp Munson Messrs. Westervelt Parker Akerly
Board Allen 12.

Negative. Aldermen. Mesier Van Amringe Messrs. Bolton Stevens
Kip Anthony 6.

The Law Committee, to whom was referred the petition of John
Fitzgerald, reported:

" That the action brought by Mr. Graham was a qui tam action in
the name of the Informer, one half the penalty by the statute belong-
ing to the Informer : that the common informer has of course a right
to discontinue proceedings commenced in his own name 'which Mr.
Graham did by order of his client on receipt of Ten Dollars. But
by compromising in this it is not in the power of the common informer
to deprive others of the right of suing for the penalty. If this should
be allowed [54] there would be very little reason in inflicting penal-
ties of this nature as nothing would be easier for a person subject to
the penalty than to find a friendly informer in every case. In the
opinion of your Committee the Attorney has a just cause of action
against the petitioner and beg leave to offer the following Resolution :

" Resolved that John Fitzgerald have leave to withdraw his petition
and that the Attorney prosecute the suit against him."

(signed) W. F. Van Amringe
Thomas Bolton

which was approved and the Resolution agreed to.

The same Committee, on the Communication of the Attorney stat-
ing that the Police Magistrates claimed the right of appointing an At-
torney to prosecute for the forfeitures of Tavern Licences, pre-
sented a Report with several Resolutions. The question was taken
on the Resolutions separately and agreed to. The final question being
put of agreeing to the report and Resolutions, it was moved that the



11 Jan. 1819 COMMON COUNCIL MlNUTES 187

same be postponed, and the question being taken thereon it was car-
ried in the affirmative : so the final question on the Resolutions was
postponed.

[55] The Committee on the subject of applying to the Legislature
for a Law to authorise the Corporation to insure against losses by fire
presented a Report which was read and on motion the consideration
was postponed and 50 copies ordered to be printed for the use of the
members.

A Resolution was presented directing the Clerk of the Common
Council to give notice by advertisement in the Public Papers of the in-
tention of the Corporation to apply to the Legislature for the above
mentioned law, upon which the question being taken it passed in the
negative.

The Committee on Arts & Sciences, to whom was referred the
Resolution to enquire if any deficiency exists on the part of the per-
son employed to regulate the public Clocks, Reported as follows:

" Mr. John Berger has been the regulator of the public Clocks about
Two years, and altho' complaints have been made of their irregularity
yet upon an interview and explanation with Mr. Berger there appears
to be no cause of complaint against him, since the stopping and irregu-
larity of the Clocks has arisen from causes beyond his control.
" Therefore

[56] " Resolved that Mr. John Berger, regulator of the public
Clocks, be exonerated from all censure for the past irregularities of
the public Clocks."

(signed) Samuel Akerly
" Peter Mesier

" John Morss.

which was approved and the Resolution agreed to.
The Comptroller reported:

Balance in Treasury 4 th instant $19. 13

Received for Rents 3257.25

" Tax of 1818 2d & 6th wards 3000.

" Arrears of Tax 300.

" Excise 45.

" Streets 1509.17

" Wells & Pumps 465.49 = 8596.04



Accounts Audited.



Anderson & Leake Watch 1st District 1142.75

Hibberd & Clark do. 2<i do .... 682.50

Bleakley & B rower do. 3d do 462.



188 CITY or NEW YORK 18 Jan. 18i9

Holly Water bury, Watchman, Witness at Sessions 2.

Jos. Dederer Int. on Bond 1 year to 3d ins 295.66

B. OBlenis Clerk Police bal. 6 mo. 1 inst 178.51

Robt. Pettigrew balce Well in Bleecker St 52.

do. do. do. 2 d Avenue 84.56

J. McComb St. C r bal. earth Charlton block 154.70

[57] Sam 1 Cowdry Counsel fee for Catharine and Roose-
velt Streets 50.

Thos. Barnum Supg Wharves 24 days 10 ins 48.

Chs. Mooney on act. regs Collect St 500.

Jno. Williams do do. Green St 400.

Fred. Yeomans do do. Mercer St 400.

Hugh Smith do pavfir Roosevelt St 300.

Jas. Meghan do do Greenwich St 200.

Jno. Sloan do reg. Laurens St 200.

Chs. Mooney do pav. Spring St 200.

John Sloan do. reg. Wooster St 100.

Davd West bal" pav. Ludlow St 149.34

Jno. Culbert do. do. Beaver St 184.35

Hugh Smith do reg. Leonard St 82.15

Amos Jones Working 9 th Avenue & 28*h St 545.73

Jonath n Charlton on ac 4 building Engine house in Rose

Street 800.

J. McComb S. Cr earth Charlton St. basin 450.

J. P. Roome Sup. Reprs. Stone at Battery 794.

do. repairs & glazing New Lamps 114.50=8,572.75



Balance $23.29

The Board adjourned to Monday next 5 o'clock.

[58] In Common Council Jan. 18. 1819.

Present The Hon. Cadwallader D. Colden, Mayor, President

Richard Riker Esqr. Recorder.
Aldermen. Assistants.

Peter Mesier Thomas Bolton

Elisha W. King Samuel Stevens

Anth. L. Underhill Leonard Kip

W. F. Van Amringe Shivers Parker

John Morss David Board

Robert McQueen Effing m Schieffelin

George Buckmaster Stephen Allen.
Jacob B. Taylor
George B. Thorp
Reuben Munson

The minutes of last meeting were read & approved.

A Petition of Matthias Bruen for remission of fine for not placing



18 Jan. 1819 COMMON COUNCIL MlNUTES 189

a Box over his grate in the Street while it was open to receive fire
wood, was read & leave given petitioner to withdraw his petition.

A Petition of Henry Bogardus and John B. Ficquet praying to be
paid a portion of a fine recovered [59] on their complaint from An-
drew Blair for breach of Sunday Law was read and leave given
petitioners to withdraw their petition.

A Petition of Jacob Barker for remission of fine for not filling in
a Lot within the time prescribed by an Ordinance (the same having
been lately filled in) was read and the fine remitted on payment of
costs.

A petition from sundry owners of lots in Washington Street, com-
plaining of several buildings extending into said Street destroying the
uniformity of the same, and praying said obstructions may be re-
removed, was read and referred to the Street Committee.

A petition of Sundry Fishermen attending at Washington Market,
stating the great inconvenience they suffer from the want of a place
in \vhich to fix their cars when filled with fish, and farther stating
they are desirous of building a Float similar to the one now at the Fly
Market about 35 feet in length and 12 feet in width at Slip No. 24
North River, was read and referred to the Market Committee.

[60] A Petition from Benjamin Hills for payment in part of his
Contract for filling in the basin between Fulton and Dey Streets, was
read and leave given petitioner to withdraw his petition.

A Petition of Mary M c Whorter, formerly Widow of James Brai-
den, praying on account of her poverty that an amount of an Arrear
of Tax due on a leased lot she holds from the Widow Bancker, may
be remitted to her, was read and refef red to the Committee of Charity.

A Petition of Thomas G. Harrison for a Stall in Spring Street
Market was read and referred to the Market Committee.

A Petition of Joshua Tufts, in behalf of himself and brother own-
ers of Sloop Traveller was received stating that said Sloop commanded
by Captain Cory arrived in the port of New York from Boston on 6 th
November last bringing passengers: that said Captain regularly re-
ported his passengers but stated them as being Americans : that it ap-
pears a family by the name of Daley were aliens: that they imposed
themselves on the Captain as Americans and were reported accordingly
as such: that [61] proceedings have been commenced against said
vessel by the Attorney of the Board: that petitioners are willing to
give the Bonds required by law, and praying to be permitted to give
said bonds and that the proceedings against said vessel may be dis-



190 CITY OF NEW YORK 18 Jan. 1819

missed. Whereupon it was resolved that the fine be remitted on their
giving the requisite bond and paying all costs and expences, and that
the suit commenced be discontinued.

A petition of Robert H. Bowne was received, stating that he is
proprietor of the property formerly belonging to Minturn and Champ-
lin East of Roosevelt Street on the East river: that a difference of
opinion exists between him and the Comptroller as to the amount of
quit rent to be paid on the grant, and requesting the subject may be
referred to a Committee to consider and report on the same Which
being read, a Resolution was presented directing it to be referred to
a Committee to endeavor to treat with the petitioner and report their
proceedings, which was agreed to and it was referred for that purpose
to the Finance Committee.

A Petition of Robert Latimer, praying remission of fine incurred by
not having rates in his Carriage [62] was read and leave given pe-
titioner to withdraw his petition.

A Petition of James Hays for remission of payment of Tax laid
on him in the Eighth Ward, he having already paid the same to the
Collector of the 8 th Ward A. H. Hegerman, was read and referred
to the Finance Committee with authority to grant the prayer of the
petitioner.

A petition from sundry Inhabitants of the 7 th Ward praying that
an application may be made to the Legislature for an extension of
the Fire Limits so that the same may extend as far East as Clinton
Street and as far north as Division Street, was read and referred
to the Committee on Applications to the Legislature.

A Communication was received from the Messrs. Hitchcocks, Con-
tractors for the Street Manure, recommending that the law on the sub-
ject be amended so that the Streets may be swept twice a week instead
of once as now directed, was read and referred to the Street Com-
mittee.

A petition of James Allison to be relieved from [63] a penalty in-
curred under the law regulating Carts and Carmen, was read and
referred to the Committee of Charity.

The Street Commissioner presented a Return of Delinquents on
the assessments for regulating Willett and Sheriff Streets Where-
upon Warrants were ordered to issue to the Collector to collect the
same.

He also presented an assessment for paving the sidewalks in Frank-
lin Street which was confirmed and Noah Jarvis appointed Collector,



18 Jan. 1819 COMMON COUNCIL MlNUTES



191



The City Inspector presented
following Nuisances which were

1 Mrs. D. Minuse
J. Henry
2 William Few
C. Raper
3 Jno. Fink Own.
4 S. Purdy


Ordinances for correction of the
passed

',' 83 Cross St. a Lot
Occ. (

Own.) .., -^ c _ .
^ 16 Doyer St. a Privy
Occ. (

& Occ. 30 Bowery do
Own.)

V. /*>/ r\n tin


Palmer & Brown


Occ. <


V^fc* *~***r

1


uv^


5 Enoch Dodgshun Les


. & Occ.'


40 do


do


6 Henry Astor


Own.


42 do


do


W. Scudder


Occ.






7. [64] Henry Astor


Own.


44 do


do


M. Brown


Occ. '


r \wiv/

1




8 Henry Astor


Own. (


1
- 46 do


do


J. Delaterre


Occ. \






9 L. Quintard


Wn ( 68 Hn


do


J. Rushmore


Occ. '


i




10 L. Quintard


Own.


" 68 /^ do


do


James Thorne


Occ. \






11 Henry Astor


Own.


70 do


do


B. Barwell


Occ. \




\AV


12 Enoch Hoyt


Les. ;


7 X no


do


L. Toms


Occ. \


f V^ VI v/


VI V-/


13 Mr. Sayres


Own.






Peter Swan


Les.


. 84 do


do


B. Fanning


Occ.






14 Widow Gooday


Own.


108 do


do


F. Depeau


Occ.






15 Mr. Mass


Own.






Mr. Bracket


Agt.


110 do


do


John Brown


Occ.J


16 Jno. A. Hardenbrook


Own.*


,119 rln


do


L. Small


Occ. ( '




17 Jno. Poillon


Own. (


-114 do


do


do


Occ. j






(


signed)


George Cuming




City Inspector.


[65] The following person was appointed a Fireman, the


Chief


Engineer certifying the vacancies:









192 CITY OF NEW YORK 18 Jan. 1819

" Fire Engine Company No. 38."

Isaac Jarvis, Milkman, Bowery hill 9 th Ward vice John James
Stewart, Expelled.

The Street Committee, to whom was referred on the 16th of
November last the petition of Thomas L. Ogden and others praying
the regulation of the Side Walks in Nassau Street &c. Reported:

' That they have examined the subject and agree in opinion with
the petitioners that the Street would be much improved by the pro-
posed alteration Yet the Committee are informed, and which infor-
mation they believe correct, that the walk on the East side of the
Street is more than double the width of that on the West side of said
Street ; that the Consistory of the Reformed Dutch Church are the
owners of the surplus ground on the east side in fee ; that in the year
1795 the Church at their own expence removed the fence to the present
line with the consent & approbation of the Corporation, for the accom-
modation of the citizens and particularly their own congregation, with
an express stipulation and consent of the Board that they might build
vaults under the walks which [66] has accordingly been done; that
the entrances to the said Vaults are within one foot of the present line
of the fence within the Church yard, and by removing the fence to
the proposed line the whole vaults and the entrances to the same would
be in the public Street, or by equalising the walks on both sides the
vaults would be under the cartway of the said Street.

" The Committee are therefore of opinion that a consent of the
Board to the proposed alteration would be inconsistent with the former
agreement made with the Consistory of the Church and offer the
following Resolution:

" Resolved that it would be inexpedient for the Corporation to
consent to the proposed improvement in removing the fence of the
Middle Dutch Church or equalising the Walks in Nassau Street
between Cedar and Liberty Streets for reasons above stated, unless the
petitioners should first obtain the consent of the Consistory of the
Reformed Dutch Church."

respectfully submitted

(signed) Jacob B. Taylor
Leonard Kip
Shivers Parker
" John Morss

which was approved & the Resolution agreed to



18 Jan. 1819 COMMON COUNCIL MlNUTES 193

[67] The same Committee, on the petition for regulating Varick
Street, Reported:

" That altho' it is indeed opened yet no use whatever can be made
of it as a Street unless it is regulated. They therefore offer the fol-
lowing Resolution :

" Resolved that Varick Street be regulated from Vandam to Car-
mine Street and that the Street Commissioner prepare an Ordinance
for the same."

(signed) Jacob B. Taylor
" Leonard Kip

" Shivers Parker

" John Morss

which was approved.

The same Committee on the remonstrance of certain owners in
Pearl Street against being Assessed for the repaving of that Street
between Cross and Elm Streets, reported :

"That in the year 1811 Pearl Street was directed to be broken
up, raised and repaved in order to gain as much elevation as possible
for Collect and Canal Streets. The proprietors on Pearl Street
thought it unjust that they should pay all the expence of such regulat-
ing & paving [68] inasmuch as the pavement was perfect and putting
them to the very great expence of repaving their Side walks, altering
Stoops, Cellar-doors &c. Whereupon the Corporation did agree to
relieve them from the one half of the expence of the Carriage way.
Your petitioners resting under the assurance that their Street was not
to be again taken up for a similar purpose made no further objections.
They are now about to be assessed for the like purpose against which
their petition is presented: and your Committee are of opinion that
your petitioners ought to be exempted from paying any part of the
expence for paving the Carriage Way, and therefore offer the follow-
ing Resolution:

" Resolved that the owners & occupants of houses and lots in
Pearl Street between Cross Street and Elm Street be exempted from
the payment of any part of the expence for repaving said Street other
than their proportion of the intersection of Pearl and Collect Streets."

(signed) Jacob B. Taylor
Leonard Kip
Shivers Parker
" John Morss.






194 CITY OF NEW YORK 18 Jan. 1819

Upon the question of agreeing to the same, a Division having been
called, it was carried in [69] the Affirmative as follows :

Affirmative Mr. Recorder Aid 11 Morss M c Queen Taylor Thorp
Munson Mess rs Kip Parker Board Schieffelin

Negative. Aid 11 Mesier King Underhill Van Amringe Buckmaster
Messrs. Bolton Stevens Allen

Alderman King gave notice that he would at the next meeting of
the Board move for a reconsideration.

The Finance Committee, on the subject of the block between
Fulton and Dey Streets, reported:

" That since their report on the subject of the block of land be-
tween Dey and Fulton Streets at the North River they have as-
certained that, with a small expence for enlarging one of the bridges
near the premises, they will be enabled to sell 21 lots instead of 20
as formerly authorised : and, as they believe it desirable that as much
of this property should be sold at present as practicable, [70] in order
that the purchasers may be accommodated in erecting their buildings
to advantage by joining in the partition walls and the Corporation
reimbursed for the large amount expended in making the land, they
recommend the adoption of the following Resolution :

" Resolved that the Comptroller, under the direction of the
Finance Committee, be authorised to sell at public auction in addition
to the lots already directed, the lot No. 15 fronting on Fulton Street,
part of the Block belonging to the Corporation between Washington,
Dey, West and Fulton Streets at the North River."

(signed) Stephen Allen
Peter Mesier
Reuben Munson
W. F. Van Amringe

which was approved and the Resolution agreed to.

The Finance Committee, to whom was referred a communication
from the Comptroller on the subject of certain portions of public,
property which may be disposed of the present year, reported the
following resolutions :

" Resolved that the Comptroller be authorised to sell at public
auction for a term of [71] years of below the following property
belonging to the Corporation :

1. The Hay Scales at Gouverneur's Slip for Three years.

2. The Hay Scales at Duane Slip for Three years.

3. A House and Lot No. 265 William St. for Seven years.



18 Jan. 1819 COMMON COUNCIL MlNUTES 195

4. The School room over the Engine house in Rose Street for
Three years.

5. A House and Lot corner of Beach and Chapel Streets for
Seven years.

6. Nine cellars under Centre Market for Two years with the
condition that they are at no time to be occupied by a family or fire
kept in them.

7. A House and 1% Acres of land on Long Island near Hellgate
Ferry for Three Years.

8. The Ferry at Horn's Hook for Three years. The Leases on
the whole to commence on the first day of May next.

" Resolved that the Comptroller be authorised to lease to the
Fulton Steam Boat Company, for a term of Three years from the
first day of April next, at an annual rent of Eight hundred Dollars,
the Wharf at Beekman Slip now in their possession conditioned that
they shall not occupy [72] any part of said Wharf with Firewood
except the Blocks, and not more of them than Ten feet in width
measuring from the most easterly side of said Wharf.

" Resolved that the Comptroller give notice in the several papers
employed by the Corporation that proposals will be received on or
before the first day of March next for renting for one year from
the 1 st day of May 1819 the public Docks and Slips.

" Your Committee beg leave farther to report that the piece of
ground alluded to by the Comptroller as lying on the South side of
Pearl Street in the Sixth Ward is now vacant & unoccupied in conse-
quence of a claim set up by Mr. George Janeway averring that the
line between his property and that of the Corporation is incorrectly
run. For the purpose of settling this matter amicably, if possible, the
following Resolution is proposed :

" Resolved that the Street Commissioner and Counsel of the
Board be and they are hereby authorised to ascertain and settle in an
amicable manner the bounds between the land belonging to the Cor-
poration and George Janeway in the 6 th Ward, and in the event of
their inability to effect a settlement with Mr. Janeway as aforesaid
[73] that they report to this Board accordingly.

(signed) Stephen Allen
" Peter Mesier

" Reuben Munson

W. F. Van Amringe

which was approved & the Resolutions agreed to



196 CITY or NEW YORK 18 Jan. 1819

The Comptroller, to whom was referred the petition of Henry
Ward, presented a Report which was referred to the Finance Com-
mittee.

The Report of the Committee of Laws, to whom was referred the
Communication of the Attorney that the Police Magistrates claimed
the right to appoint an Attorney to prosecute on breach of recogni-
zances on Tavern Licences, and which Report was presented at the
last meeting and the final question postponed, was now called up : and
the opinion of the Counsel and the said Report having been read were
in the words following:

" Opinion of the Counsel."

Alderman Van Amringe November 26. 1818.

Chairman of Law Committee.

Sir.

In compliance with the request [74] of the Law Committee I have
examined the law relative to the power of the Common Council to
take orders relative to prosecutions for breaches of recognizances
entered into by persons licensed to retail spiritous liquors.

" By the 244 th Section of the Act to reduce several laws relating
particularly to the City of New York into one act, it is provided
" that such recognizances instead of being entered and acknowledged
" to and in the name of the people of the State of New York shall
" be given to and taken in the name of the Mayor &c. and that the
Common Council shall take such order relative to prosecutions for
breaches of such recognizances and shall also from time to time make
such ordinances to regulate Taverns in the said City as they may
deem suitable and necessary to preserve the good order and welfare
of the same. As the power of directing prosecutions is here given
in express terms to the Common Council, it becomes necessary to
ascertain whether they have ever been divested of it. The only act
which affords any ground for such a pretension is the Act granting
additional powers to the Special Justices, passed April 16. 1816. by
which it is provided that such recognizance shall not be estreated or



Online LibraryNew York (N.Y.). Common CouncilMinutes of the Common Council of the City of New York, 1784-1831 (Volume 10) → online text (page 17 of 65)