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of the Ferry Committee on the petition of Isaac Brown presented at
last meeting and laid on the table, were referred to the Ferry Com-
mittee.

The Comptroller Reported he had examined the Account of B.
Skaats with the Receipts, of fuel purchased, and finds there is a
Balance due the Corporation on 28 th July 1820. of $22 80 / 10 o which
was directed to be filed.

The Counsel presented the following Report: "The Counsel begs
leave to inform the Board that Abraham Hart the Lessee of the Hay
Scales at the foot of Duane Street, has neglected to pay his rent dur-



262 CITY OF NEW YORK 7 Aug. 1820

ing the last twelve Months and that he is as the Counsel has been in-
formed insolvent, and that his security is dead and died insolvent.
The Counsel therefore recommends that his Lease be annulled. He has
prepared a resolution for this purpose, which is herewith submitted.

(Signed) Ogden Edwards

In Common Council August 7 th 1820.

Whereas the Mayor Aldermen and Com- [248] monalty of the
City of New York did on the first day of March A D. 1819. give and
grant unto Abraham Hart, leave, license and permission to weigh Hay
at the Hay Scales, situate and being at the lower end of Duane Street
in the fifth ward of said City for the term of three years from the
first day of May then next subject to an annual rent of One Thousand
eight hundred and Thirty Dollars in quarterly payments, on the usual
quarter-yearly days, subject nevertheless to a proviso that if the said
rents or any part thereof should be behind and unpaid for the space of
ten days after any day of payment on which the same ought to be paid
as aforesaid, that then those presents and every thing therein contained
should cease, determine, and be utterly null and void. And whereas
the said Abraham Hart has neglected to pay the said rent, in pursuance
of the said provision, therefore,

Resolved, that the said Lease or agreement, and every thing therein
contained, shall cease, determine, and be utterly null and void.

Resolved, that the Clerk of this Board serve a Copy of the fore-
going Resolution, and recital on said Hart.

[249] Whereupon the Resolutions proposed were adopted.

And it was Resolved, that the subject of again Leasing the Hay
Scales be referred to the Finance Committee, with authority to act in
the premises.

The Ferry Committee to whom was referred the petition of Philip
Hone, praying that the Corporation would grant to him the exclusive
right to establish a Ferry from the Northern boundary of his present
grant to Charlton Street and from thence to Hoboken : Reported in the
following words.

That on the 16 th day of September 1819, the Corporation granted
to Charles Watts the right of establishing a Ferry from that part of the
City which extends from the Northern boundary of the limits of the
grant of the Hoboken Ferry to Philip Hone to Christopher Street
inclusive and from thence to the usual landing place at Wheehawk and
to any other point not exceeding one Quarter of a Mile therefrom, for



7 Aug. 1820 COMMON COUNCIL MINUTES 263

the term of fifteen years subject to the payment of a nominal rent for
the first five years, to the payment of Fifty Dollars annually for the
[250] second Five years, and Two hundred Dollars for the last Five
years of his term. M r Watts covenanted to keep one Team Boat con-
stantly on the said Ferry suitably provided for the transportation of
passengers : In pursuance of his covenant he put a Team Boat on said
Ferry and run it for about Five Months, but that he has not run any
boat on the same for Five Months last past. His Lease provides, that
if he fails to comply with any of his covenants, that then it shall be
lawful for the Corporation to re-enter and to have and enjoy the said
Ferry as fully as though no lease had ever been granted him.

As he has failed to comply with his covenants it is of course op-
tional with the Corporation to re-enter upon the Ferry. The Lease
also contained a proviso that it should at all times be lawful for the
Corporation to establish so many ferries as they might deem expedient
from the above mentioned limits on the New York shore, to any point
on the Jersey shore not within one quarter of a mile of the landing at
Whcehawk.

Under these circumstances the Committee are of opinion that there
is no legal impediment in the way of granting M r Hones petition.

The Ferry was granted to M r Watts with a [251] view to the ac-
commodation of the upper part of the City, and in consequence of the
failure of M r Watts to comply with his Covenants, the object of the
Corporation has not been answered.

The Inhabitants in that part of the City are very solicitous for the
establishment of a Ferry there, and a number of them have united
in favor of M r Hones application.

The Committee therefore recommend the adoption of the fol-
lowing Resolutions, to wit;

Resolved, that a Lease be granted to Philip Hone of the exclusive
right of establishing a Ferry to New Jersey from the North boundary
of his present Lease to the foot of Charlton Street, and the exclusive
right of establishing a Ferry to Hoboken, from thence up to Christo-
pher Street, for the term of fifteen Years at the same rent which was
reserved in the Lease to Charles Watts, and also that his present lease
be extended so as to expire at the same time at an annual rent of
Eight hundred Dollars for the period of time it may be so extended,
provided he will forthwith put two good sail Boats on the Ferry, and
will put a Horse Boat on the same on or before the first day of May
next, and also provided he procures landing for the same [252] on each
side of the Ferry at his own expence, the landing place on the New



264 CITY OF NEW YORK 7 Aug. 1820

York Shore to be at any place within Two hundred feet of the foot of
Spring Street, but not within the Slip.

Resolved, that the Counsel be instructed to prepare a Lease in
conformity to the foregoing resolution, and embracing the usual cove-
nants.

Resolved, that the Lease of the Ferry from the Mayor, Aldermen
and Commonalty of the City of New York to Charles Watts dated the
sixteenth day of September 1819, be and the same is hereby vacated
and annulled, and further, that the Clerk of this Board be instructed
to serve upon the said Charles a Copy of this Resolution

Respectfully Submitted

Tho s S. Townsend
(slgned) Asa Mann

Which was approved, and the Resolutions adopted.

The Committee of applications to whom was referred the petition
of Ammi Chase for the appointment of Wood Inspector, are of the
opinion that the prayer of the petitioner ought to be granted.

[253] And offer the following Resolution.

Resolved, that Ammi Chase be and he is hereby appointed an In-
spector of Fire Wood for the Seventh District.

,~. j. David Board
(bigned)



Which was approved, the Resolution adopted, and he was ac-
cordingly appointed.

The Street Committee to whom was referred the communication
of the Street Commissioner relative to the Profile of Lispenard Street,

Reported as follows,

' Having viewed the situation of Lispenard Street, Report, that in
our opinion, that part of the Street, between Church Street and
Broadway ought to be regulated with an asscent and descent of ?4
of an Inch on Ten feet as shewn on the profile herewith, which they
recommend to be adopted ; therefore offer the following Resolution.

Resolved, that Lispenard Street between Church Street and Broad-
way be regulated with an asscent and descent of ?4 of an Inch on Ten

feet

(Signed) Rob. Swartwout Ch n

Shivers Parker

: ..- " S. P. Brittan

Asa Mann
Isaac Emmons

[254] Which was approved, and the Resolution adopted.



7 Aug. 1820 COMMON COUNCIL MINUTES 265

The Street Committee to whom was referred the within Petition,
praying that Cornelia Street may be regulated from Herring Street
to the Sixth Avenue, and that the width thereof may be increased
from 40 feet to 50 feet.

Report, that they have examined the situation of Cornelia Street,
and also duly considered the remonstrance against widening the said
Street, and are decidedly of opinion that the improvements as prayed
for, ought to be granted.

Therefore beg leave to present the following Resolutions.

Resolved, that Cornelia Street be regulated from Herring Street
to the Sixth Avenue, and that an Ordinance be prepared to that effect,
also Resolved, that Cornelia Street be widened on the Southerly side
to fifty feet and that the Counsel to the Corporation take the requisite

measures for that purpose. /c . ,, r> u c /~ui

(Signed) Rob. Swartwout Ch n

" . Stephen P. Brittan

Shivers Parker
Asa Mann
Isaac Emmons

[255] Which was approved, and the Resolution adopted.

The same Committee on the petition that the side-walks in Hud-
son Street may be laid from Beach to Charlton Street and that the
Carriage way may be paved from Canal to Spring Street, presented a
Report; the remonstrance against the same presented this evening
was read : the Report of the Committee was read and is in the follow-
ing words.

The Street Committee to whom the annexed petition was re-
ferred, praying that the side walks in Hudson Street may be laid from
Beach Street to Charlton Street, and that the Carriage way may be
paved from Canal to Spring Street,

Report, that they have duly considered the subject, and are of
opinion, and are of opinion that the prayer of the petitioners ought to
be granted. For which purpose they offer the following Resolution.

Resolved, that the sidewalks in Hudson Street be paved from
Beach Street to Charlton Street, and that the Carriage way be paved
from Canal to Spring Street ; and that the [256] Street Commissioner

prepare an Ordinance for that purpose. _ , _,

Rob. Swartwout Ch n

Isaac Emmons
(Signed) Asa Mann

S. P. Brittan
Shivers Parker



266 , CITY OF NEW YORK 7 Aug. 1820

The Question being taken on agreeing to the Resolution proposed
by the Committee, the same was carried in the affirmative.

The same Committee on the Petition that Division Street between
Grand and Arundle Street may be regulated and paved :

Reported: that they have carefully examined the subject referred,
and are of opinion, that the prayer of the petitioners ought to be
granted.

Therefore present the following for the consideration of the Board.
Resolved, that Division Street be regulated and paved from Arun-
dle to Grand Street, and that an Ordinance be prepared to that effect.

Rob. Swartwout Ch n
Isaac Emmons
(Signed) Asa Mann

S. P. Brittan
Shivers Parker

[257] Which was approved, and the Resolution adopted.

The Finance Committee on the Petition of Henry Cochran, stating
that a considerable balance remained due to him for Contracts with
this Board, and praying releif,

Reported : That there appears to be an uncollected balance due the
Memorialist on Hudson Street of $1784 7 %oo f r which the property
Assessed is liable, and has been advertised for sale by the Street
Commissioner agreeably to Law ; and also a further balance on Cedar
Street of $39 9 f 100 and on Rhynder Street of $318 28 / 10 o, both of
which, are still in the hands of the Collectors, and it is expected will be
shortly paid.

The Committee are of opinion, that the Memorialist has no claim
on this Board for the payment of these balances until they are re-
ceived into the Treasury, inasmuch as the Contracts alluded to, as
well as all others of a similar nature, are made with the express under-
standing of the parties, that the money is not to be paid them until it
is collected and received into the Treasury.

The Committee find however, that the practise of the Board, has
been in these cases [258] after the return of the Collector, and the
advertising of the property, to grant such relief to the Contractors as
the State of the Finances, and the circumstances of the case would
warrant ; and as the Memorialist is represented to be a poor man and
is laboring under serious inconvenience for the want of this money,
they beg leave to recommend that there be advanced him One Thou-
sand Dollars in part of the balance of his contract for Hudson Street;
and they propose the following Resolution accordingly.



7 Aug. 1820 COMMON COUNCIL MINUTES 267

Resolved, that whenever there shall be any unappropriated money
in the Treasury, the Comptroller report a Warrant for One Thousand
Dollars in favour of Henry Cockran, in part of his Contract for Hud-
son Street.

Respectfully Submitted

Stephen Allen
(Signed) J. Hammond
S. P. Brittan
B. Crane

Which was approved, and the Resolution adopted.

The Committee on Public Offices to whom [259] was referred the
Invitation of M r Gilbert to examine the general Index of Mortgages
lately finished Reported in the words following.

The Committee on Public Offices to whom was referred M r Gil-
berts Invitation to examine the General Index of Mortgages just
finished,

Respectfully Report,

That in addition to their previous Superintendance, they have ex-
amined said Index, and pronounce it a most valuable work, and one
that has been much wanting, the execution of which exceeds the most
sanguine expectations of your Committee and no doubt its benefits will
be imparted to the latest posterity.

Your Committee, however are of an opinion that an application to
the Legislature of this State ought to be made at their next Session to
place the Registers Office under the Superintendance of the Corpora-
tion, that the index's may be kept up, else a considerable waste of
money to this Board will have been made.

All of which is Respectfully Submitted

(Signed) B. Crane Ch n
Tho. Bolton
Rob. Swartwout
" Abr m Valentine

Gerard De Peyster

[260] Which being read, was directed to be filed.

The Committee on Wharves, Piers and Slips to whom was referred
the Memorial praying for the priviledge of extending further into the
River the middle Pier (N 3) between Whitehall and Exchange Slip,
Reported :

That the pier alluded to is known as Pier N 3 on the East River,
and is sixty eight feet less in lenghth than the Piers on each side of it



268 CITY OF NEW YORK 7 Aug. 1820

That the Petitioners propose to extend this pier to the prominent
line of Two hundred and fifty feet from South Street, at their own
expence, and to appropriate it to the accommodation of the North
River Vessels usually resorting to that part of the City. The Com-
mittee are of opinion, that the improvement is a useful one, and as the
expence is to be borne by the petitioners and others interested, that
there cannot be an objection to granting the priviledge requested, and
they therefore propose the following resolution.

Resolved, that the Middle Pier, between White Hall and Exchange
Slip, known as pier N 3 East River, be extended to the prominent
[261] line at the expence of the proprietors of the Lots interested in
said Pier, and that the Street Commissioner report an Ordinance ac-
cordingly. . _' .

Respectfully Submitted

Stephen Allen
Herm s Tallman
(Signed) Abr m Valentine
Asa Mann
Robert M c Queen

Which was approved, and the Resolution adopted.

The Committee on Assessments on the petition of William Winter-
ton Reported in the words following :

1 The Committee on Assessments to whom was referred the petition
of William Winterton, complaining that in the year 1819. he was
assessed in ward for $1000. Dollars personal property, which he con-
siders excessive, as he is not worth more than one fourth of that
Amount.

Report, that on examining the case, it appears that in 1818. he was
not assessed at all, in 1819, he was assessed $1000, and this year $250.
The Committee are satisfied that the petitioner is not worth the
Amount assessed on him in 1819. [262] and are of opinion that he is
entitled to relief and respectfully submit the following Resolution.

Resolved, that the Collector of arrears of Taxes be instructed to
receive from William Winterton the Tax on $250. amounting to One
Dollar and eight Cents, in full for personal Tax Assessed on him in the

Ward for the Year 1819. _. , _ _,

Cha 8 Town Ch n

(Signed) Thomas Bolton
John P. Anthony
Tho s S. Townsend

Which was approved, and the Resolution adopted.



7 Aug. 1820 COMMON COUNCIL MINUTES 269

The same Committee on the petition of John Ireland, Reported in
the following words.

The Committee on Assessments to whom was referred the peti-
tion of John Ireland, praying that a sum of money paid by him for*
opening Canal Street may be remitted upon the ground that the same
land upon which that money was Assessed is again Assessed on account
of the Common Sewer in Carmine Street. Report :

That Canal Street \vas opened principally for the benfit of those
who [263] owned property in that part of the City. That Commis-
sioners were appointed by the Common Council in pursuance of the
Act for the purpose of apportioning and Assessing the expence among
the Owners of property according to their respective benefits. That it
was a proceeding to which the Corporation was not a party, but merely
actors in the first instance, for the benefit of those interested in the
improvement, as in the ordinary cases of opening Streets; and judges
upon the confirmation of the Reports, if there was any error in judg-
ment it has not in any way inured to the benefit of the Corporation.

And the Committee can discover no more reason for taxing the City
Treasury for errors of judgment committed by the Members of the
Common Council, while acting in a judicial capacity for the benefit of
the others, than for taxing the Treasury of the State with the conse-
quences of errors in judgment, committed by the Judges of the Su-
preme Court.

The change which has taken place in the regulation of the Streets,
by which the water from M r Ireland's land is made to flow in a differ-
ent direction, was made from a conviction, that it would be for his ad-
vantage in Common with [264] others, to have that alteration made,
and not with any view to the benefit of the property of the Corpora-
tion.

The Commitee therefore recommend the adoption of the following
Resolution.

Resolved, that it is inexpedient to grant the prayer of M r Ireland's
Petition.

Cha s Town Ch n
Thomas Bolton

(Signed) John P. Anthony
Rob. Swartwout
Tho* S. Townsend

Which was approved, and the Resolution adopted.



270 CITY OF NEW YORK 7 Aug. 1820

The same Committee on the petition of Henry Dickers Reported in
the following words.

" The Committee on Assessments to whom was referred the peti-
tion of Henry Dickers, praying to be releived from the payment of
Taxes for the years 1817. 18 & 19. imposed upon property in the
9 th Ward, in his name, on the ground of his being charged, in part,
with property belonging to other persons.

Report, that having examined the As- [265] sessment books of the
9 th Ward for the above years, they find in the year 1817. the Estate
of Hugh Gaine is charged with Fifty six acres of Land on the Middle
Road, of which, the petitioner, is stated to have been then the occupant,
and that in the years 1818. and 19. the same property called Fifty
six Acres is charged in the name of the petitioner.

By a reference to the Map of the 9 th Ward, it appears, the ground
covered by the above Assessment consists of Lots N 92 & 86 contain-
ing Eleven Acres which are owned in Fee by the above named Henry
Dickers. Lots N 69, 70, 75. 76. 81. 89. & 95 containing Thirty seven
Acres were originally under lease from this Board to Hugh Gaine and
John Kemp, which leases have been transferred to the Petitioner, also
Lots N os 82, 87 & 88 containing sixteen and one half Acres owned by
Samuel Thompson, Elbert Anderson and Robert Cheesebrough. That
by the petitioners own admission, he is by right of fee simple in pos-
session of N os 86 & 92 and by right of Lease from this Board he is
also in possession of seven other Lots containing together Forty eight
Acres, and that for the Lots last mentioned, he is now paying rent to
the Corporation, as by reference to the Accounts of the Collector of
Quit Rents, [266] will fully appear. It also appears, that of the taxes
of the years 1817. 18 & 19. assessed on the abovementioned Forty
eight Acres, no part is paid either by the petitioner or any other person,
excepting the sum of $11. Dollars paid by him to Thomas W. Gilbert,
which is credited on the Books of arrears of Taxes.

The Committee are of opinion, that no good reason can be offered,
why the land, either owned by, or under Lease to the petitioner should
be exempt from its regular proportion of Taxes. The following
Resolution is respectfully submitted.

Resolved, that the Collector of arrears of Taxes be instructed to
receive from Henry Dickers the sum of $52 8 % O o on Account of the
Tax of 1817. $43 68 / 100 on Account of Tax in 1818. and $40 8 % 00 on
Account of the Tax of 1819, together with the Interest thereon, being
the proportion of Tax due on Forty eight Acres of Land occupied by



7 Aug. 1820 COMMON COUNCIL MINUTES 271

him in the 9 th Ward, deducting therefrom, $11. the Amount paid by

him on Account of the Tax in 1817.

Cha s Town Ch n
(Signed) Thomas Bolton

John P. Anthony
Tho s S. Townsend

[267] Which was approved, and the Resolution adopted.

The same Committee on the petition of David Dunham, Reported in
the words following.

The Committee on Assessments to whom was referred the peti-
tion of David Dunham, in which he states, that he is owner of certain
property at the termination of Allen, corner of North Street and com-
mencement of the first Avenue.

That part of said property agreeably to a Law of this State, passed
the 3 d day of April 1817. and agreeably to a plan and Map of the
City and County of New York as proposed by the then acting Com-
missioners, will be taken as public property, that in consequence of that
Law, the said property has been rendered of no value to the petitioner
as it deprives him of the right of making any improvements, or of
using it to advantage, and prays the Corporation to fulfil the intention
of the Legislature by their Act above alluded to.

The petitioner also complains of having been unjustly Assessed for
sinking a Well and the erecting of a Pump, at the commencement of
the First Avenue, which cost $213. of which sum [268] he has been
called on to pay one half, and praying to be releived from a part
thereof.

Report, that as it respects the Pump, they have examined the As-
sessment and a Map of the premises, and find that the petitioner is
owner of one half of the Lots on which the Assessment was laid. The
Committee are of opinion that the Assessment is a correct one and
that the petitioner is not entitled to relief. The following Resolution
is respectfully submitted.

Resolved, that the prayer of the petitioner as it relates to the erec-
tion of a Pump at the commencement of the First Avenue, ought not
to be granted.

Your Committee further Report, that as it respects the vacant
ground first mentioned in the petition, which, when taken, is intended
for a public square and the improvement of one of the Streets, that it
is, in their opinion, a proper subject for the Street Committee and the
Street Commissioner, and ought to be referred to them, to effect
which, the following Resolution is respectfully submitted.



272 CITY OF NEW YORK 7 Aug. 1820

Resolved, that, that part of David Dunham's petition which relates
to " certain property [269] at the termination of Allen, corner of
"North Street and commencement of the First Avenue' be referred
to the Street Committee and Street Commissioner.

' " \ Cha s Town Ch n

(Signed) Thomas Bolton

John P. Anthony
Tho s S. Townsend

The Question being taken on the several Resolutions proposed they
were adopted

Resolved, that the Mayor be authorised to affix the Common Seal
to the petition to the Supreme Court for the Appointment of Commis-
sioners of Estimate and Assessment in the case of Cornelia Street,
during the Recess of the Board.

Resolved, that the petition of the Inhabitants in the vicinity of the
Basin at the foot of Canal Street, complaining of a nuisance at that
place be referred again to the Committee that had that subject under
consideration (the Committee on Wharves, Piers and Slips) with the
addition of the Aldermen and Assistants of the 5 th & 8 th Wards, to
make further enquiry into that subject and report thereon.

[270] A Motion was made by Alderman Mann to take into con-
sideration the Report of the Committee on rates of Cartmen.

A Motion was then made that the Board now adjourn ; the Ques-
tion being taken thereon it was carried in the Affirmative. The Ayes
and Noes being called by Alderman Mann were as follows.



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