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ing were read and approved.

A petition of William Harrison to be appointed a Measurer of Lime
was read and referred to the Committee on applications.

A communication was received from Joseph Coppinger proposing
an improvement in the construction of passage boats, so as to prevent
their oversetting in sudden squalls of wind, by attaching to them a
swinging keel and bouyant gun whales, which was read and referred
to the Committee on Arts and Sciences.

[61] A petition of Robert M Livingston, praying that a suit against
him for not filling in certain Lets may be discontinued, was referred to
the Committee on Streets

A petition of Ahasuerus Turk, praying the appointment of City
Weigher, was referred to the Committee on Applications.

A petition of the Inhabitants of the fifth Ward, praying that a Fire
engine may be stationed in the vicinity of S l John's Church, was read
and referred to the Committee on the Fire Department.

A Remonstrance was presented from a number of the Owners of
property in the 9 th Ward, objecting to any portion of the Assessment
of the expences for working the 3 rd Avenue being laid upon them, was
read and referred to the Committee on Assessments.

A petition of Bethuel Howard for Stall N 46 Catharine Market,
was read and referred to the Market Committee.

A petition from the Inspectors of Manure, praying that in the re-
vision of the Law respecting the sale of Manure, an amendment may
be made, compelling the seller or contractor to pay them the fee of three
cents for Inspection of a load, which being read, was referred to the
Street Committee.



422 CITY or NEW YORK 26 Dec. 1820

[62] A petition of Richard Jackson, stating that at a late fire corner
of Chappie and Warren Streets his leg was injured and he has been
thereby prevented from working, was referred to the Committee of
Charity.

A petition of Joseph Stevens for appointment of Clerk of 4 th and
6 th Ward Court at present held by M r John Campbell, but who in-
tends resigning the same, was read and referred to the Committee on
Applications.

A petition of James Gray for further time for payment of an As-
sesment on him for Canal Street, was read and referred to the Finance
Committee, with authority to grant the prayer of the petitioner.

A Communication was received from the Register of the City and
County, representing that the spacious office allotted to him in the Hall
was now completed, and requesting the Corporation to honor him
with viewing the same, on the first day of the coming year, was read
and the Invitation accepted.

A petition of Isaac Sayre and of Joseph Spencer for the appoint-
ment of Measurer of Grain, were read and referred to the Committee
on Applications, who immediately reported in their favor, which report
was approved, and they were appointed Measurers of Grain accord-
ingly.

[63] A petition of Asher Freeman for an appointment to the Office
of Measurer of Lime, was read and referred to the Committee on Ap-
plications.

A Report from the Keeper of the Bridewell of the prisoners con-
fined in the City Prison and Bridewell on the 18 th Ins* was laid before
the Board by his Honor the Mayor, and was directed to be filed.

George B Smith Collector of Arrearages of Taxes presented a re-
turn of delinquents of arrears of Taxes for the year 1819. upon real
Estate within the City and County, which was referred to the Finance
Committee.

A Letter was received from Mess" John and Nicholas Haight,
transmitting therewith, for the inspection of the Members of the Board
a part of a piece of Ingrained Carpeting, manufactured by them in this
City, it being the first piece manufactured by them, and, as they believe,
the first that has been perfectly made in the United States, with a
wish that if it was found to bear a critical examination that it might
receive the private testimony of the Individuals of the Board in its
behalf. Whereupon, the same was referred to the Committee on Arts
and Sciences.

The Chief Engineer presented the following report accompanied



26 Dec. 1820 CITY OF NEW YORK 428

with the Annual Return of the names of the Engineers, Foremen, Fire-
men and Fire Wardens, and the places of deposite [64] of the respec-
tive Machines. Whereupon the Return was referred to the Committee
on the Fire Department, with a request to cause to be printed so many
copies as they shall deem advisable.

To the Corporation of the City of New York.

The Chief Engineer respectfully reports ; that he has carefully in-
spected every branch of the Fire department, and herewith presents his
annual return, with the names of the Engineers, Foremen, Firemen and
Fire Wardens, their places of abode, occupation & c also the places of
Deposite of the respective Machines, whereby it will appear that there
are forty five Engines including two (formerly N os 24. and 27.)
stationed at the Alms House : There are also four Hook and Ladder
trucks, one Hose waggon, ten thousand seven hundred and five feet of
hose in good order, (including six hundred feet at the N. Alms House.)
One thousand two hundred and seventy feet ordinary, five hundred
feet bad, making in the whole twelve thousand four hundred and eighty
two feet of hose: there are also three hundred and thirty nine fire
buckets (including forty at the New Alms House) in good order, sixty
five broken to be repaired, making in the whole four hundred and four
buckets : also seventeen ladders, twenty two hooks, one machine for
throwing down Chimnies, and one copper pump. The total number
of men attached to the Fire Department, when the companies are com-
plete, including the Engineers and Fire Wardens, is twelve hundred
and eighty one : but as there are now eighty four vacancies the present
actual number is eleven hundred and ninety seven.

During the present year one new Engine has been built for Com-
pany N 13. and the old one taken in exchange at four hundred [65]
dollars. Seven Engines have been rebuilt Viz, N os 8. 14. 15. 19. 22. 32.
& 37.

All which is respectfully submitted

(signed.) Tho s Franklin.

Chief Engineer

The following Firemen were appointed, the Chief Engineer certify-
ing the vacancies.

Fire Engine Company N 3.

John Parmeton, Grocer, N 9 Water Street 1* Ward

vice. John Robertson Expelled for neglect of duty.
Charles Gregory, Merchant, N 26 Moore S* l t Ward

vice Jacob B rower Left the City



424 x CITY or NEW YORK 26 Dec. 1820

..: N 8.

Joseph G Durell, Crockery Merer! 4 N 482 Pearl S* 6 th do

Vice. Isaac Pardon. Resigned.

N 13.

Gilbert J Horton. Accountant N 42 Roosevelt S v 4 th do

vice Stephen Loines, Left the City.

N 14.

Jacob Anthony, 2 nd Teller U S. B. Bank. N 32 Dey S l 3 d do
Vice. Peter Roome Junior Resigned 3 rd dec r 1819.

N 42.

Thomas Wheeler, Clerk, N 309 Water Street. 4 th do

vice. William Agnew, appointed fire warden.

The Street Commissioner presented the following Assessments
which were confirmed, and Noah Jarvis appointed Collector in each.
For well and pump in Vestry Street, near Hudson Street, for [66]
well and pump in Forsyth street, near Grand Street for regulating
and paving Oliver Street, from Banker Street to Chatham Street, for
paving Washington Street from Chamber to Warren Street.

He, also, presented a return of delinquents on the assessment for
opening Hannan Street ; Whereupon, a warrant was directed to be
issued to the Collector for collecting the same.

He, also, presented an Ordinance for paving foot walks across
Chatham Street and Tryon Row at the intersection of those Streets,
which was passed, and John Brower, Abraham Dally and John Be-
dient were appointed assessors therein.

The City Inspector presented the following Ordinance for correc-
tion of sundry Nuisances which were passed.

The City Inspector respectfully reports to the Board the following
Ordinances for correcting;- Nuisances, viz.



b



NO 1. H. Lowry, Owner, P. M^Gee, Occupt NO 27 Moore S* A privy

2. J. Smith ditto Chs McDermot do 114 Broad " ditto

3. J & L Brewster Lessees & Occupt 3 102 Broadway ditto

4. J. Anderson, Owner. M. Ward, Occup 4 114 do ditto

5. ditto ditto J. Johnson ditto 118 do ditto

6. ditto ditto F Guerin ditto 120 do ditto

7. J. Tonnelle Lessee & Occupt 284 Pearl S* ditto

8. Hy Kneeland Agt F Everet Occupt 309 do ditto

9. E. Blackford do N K Phillips do 114 Fulton do ditto
10. J White. Lessee. A Marshall do 38 Chapel S* ditto



26 Dec. 1820 COMMON COUNCIL MlNUTES



425



[67]11.
12.
13.


J. White, Lessee,
Philip Serren, do
Elias Burger Owner


D. Jackson Occup r
& Occupt


36

68
187


Chapel St
do
Duane "


A privy
ditto
ditto


14.


Hy Tiebout ditto


L. Searle Occupt


78


Chapel.


ditto


15.


G Wragg ditto


C Dodge


do


10


Thomas


ditto


16.


Ja s Mead ditto


& Occupt




33.


Seaman


ditto


17.


Beaty ditto


A Almy Occupt


8.


Vestry


ditto


18.


D. Hagerty ditto


J. Quin


do


100


Anthony


ditto


19.


A Swart ditto


&


do


7


Pike


ditto


20.


R Hicks ditto


D Britt


do


129


Harman


ditto


21.


A Bergh ditto


M rs Chamberlain


do


139


do


ditto


22.


J. Byrnes ditto


Js Parker


do


141


do


ditto


23.


J. Sutliff Lessee


and


do


177


do


ditto


24.


C Gould ditto


a


do


159


do


ditto


25.


A Decker ditto





do


157


do


ditto


26.


M Simpson ditto


it


do


143


do


ditto


27.


E. Easton ditto


a


do


9


Rutgers


ditto


28.


J. M c Masters Owner


P. Massonneau


do


5


do


ditto


29.


M rs Johnson ditto


J Nixon


do


195


division


ditto


30.


J. Talmaage ditto


J. Wallace


do


197


do


ditto


31.


S. Purdy ditto


W m Parker


do


199


do


ditto


32.


J. Williams ditto


and


do


207


do


ditto


33.


Mrs Crommel ditto


C Dodge


do


209


do


ditto


34.


T Gashore ditto


and


do


211


do


ditto


35.


Henry Rutgers ditto


M rs Moore


do


6


Jefferson


ditto


36.


do do ditto


J. Smith


do


8


do


ditto


37.


W m Appleby ditto


M List


do


3


do


ditto


[68] 38.


P. Conolly ditto


and


do


1


do


do


39.


J Purdy. ditto


J. Churchill


do


227


division


do


40.


J. Peeks do


J Scribner


do


229


do


do


41.


A Van Deusen Lessee and


do


233


do


do


42.


H Redden do


J Speck


do


255


do


do


43.


G. Scott Owner


J. J Ludwig


do


20


Henry


do


44.


M rs Dogherty Lessee


J Mahan


do


34





do


45.


T. Goodman Owner


R Carson


do


42





do


46.


R Thompson do


M Oakley Agt




* j


f


4






J. Chittig


do


74




do


47.


J. Bronson do


C Johnson,


do


94


It


do


48.


M Oakley do


J Baldwin


do


11


Pike


do


49.


M rs Walker do


C. McClinch


do


107


Henry


do


50.


J. Morgan do


H A. Allen


do


69


do


do


51.


\V m Magee do


and


do


57


do


do


52.


j K Beekman do


J M c Cummiskey


do


51


do


do


53.


J. Cunningham lessee and


do


49


do


do


54.


J. Dobbin Owner


Strong & Ballagh


do


39


do


do


55.


J. ODonnell


(J Dobbin Owner)


do


37


do


do


56.


Stephen Martin






29


do


do




Owner


and


do


27


do


do


57.


Robert Adair do




do









426



CITY OF NEW YORK



26 Dec. 1820



58. P. Carroll Owner

59. J. Wardell do

60. D. M c Kinney Lessee

61. Samuel S* John

Owner

62. W m Furman owner.



63. J Morgan

64. Buchanan L
[69] 65. J. Newton,

66. D. Philips,

67. J Dobbin,

68. do

69. do

70. do

71. do

72. E. McKeon

73. J Dobbin

74. T. Goodwin
75 J. Fisher

76. W. Mullineux

77. M Hartnet

78. T. Stagg

79. S. Butler

80 R Hall

81 Dissosway



and



and



Occupt


9 Henry


A privy


do


11 do


do


do


23 Cathern


do



do



E Carroll

M r V n Colt Agt

Timy W. Vanderbilt do



82
83
84
85
86
87
88
89
90
91



C. Covert

Dissosway

J. C. Roosevelt
do do

do do

Grove Wright

William Orr



Owner,


H A Allen


do


ssee


J Thompson


do


Owner


J McGilty


do


Lessee


and


ditto


Agent


H Scullen


ditto


do


J Morton


ditto


do


H Anderson


ditto


do


M r Ferguson


ditto


do


E. Mead


ditto


Lessee


and


ditto


Owner


P. T. O Connor


ditto


do


T. Coughlan


ditto


Lessee


and


ditto


c
Owner


J. Ewen


ditto


do


and


do


do


P Deal


do


do


and


do


do


W. M Smith


do


do


M Betts & H Pal-




mer


do


do


and


do


do


R Barnes


do


lit do


L Prentiss


do


do


A Sherman


do


do


P Schuler


do


t do






do







H. Lynch Agent
Mrs. Coles Owner
J. K. Beekman do
[70] 92. J Dobbins Owner

93. Boyd & Dickson

Owners

94. E. Framer Lessee



W m Adair

J McQimmiskey

J Farrell



41 Oliver

58 Roosevelt



do


69 Henry


do


63 Banker


do


65 do


ditto


67 do


ditto


3 Torbert


ditto


8 do


ditto


9 do


ditto


12 do


ditto


13 do


ditto


83 Banker


ditto


85 do


ditto


87 do


ditto


89 do



101
117
123
125
127



do
do

do
do



do

do

do
do
do
do
do
do
do
do
do
do
do
do
do

do
do
do
do
do



do


X


-LJC1 llllllgllcXlll


W


do


7


do


do


do


11


do


do


do


17


Batavia


do


do


19


do


do


do


21


do


do






Varick


Lott






Washington


do






Collect


do


do


24


Henry


do


do


51


do


do


do


37


do


do



73



Franklin
Bancker



do
do



and Occupant.

signed. George Cuming, City Insp r

The Council presented for execution a certificate of Sale to A W
Sanford for the southerly half part of Vestry Street between Lewis &
Lawrence S* which was directed to be duly executed.



26 Dec. 1820 COMMON COUNCIL MlNUTES 427

He also, in compliance with the directions of the Board to enquire
into the liability of Joshua Jones on the contract with John Anderson
reported,

The Council in compliance with the direction of the Board has ex-
amined the question as to the liability of Joshua Jones to contribute
towards satisfying the demands of John Anderson for certain ex-
pences for making a pier, over and above what were specified in his
contract with the Corporation. It appears from the contract that he
covenanted to build the pier in question, in a certain specified manner,
and " according to such directions as should from time to time be given
by the Committee on Wharves, Piers and Slips, the Street Commis-
sioner or such person as should be appointed by that Committee to
Superintend it." and "also to uphold and keep it in repair for the term
of six months after it should be completed." This being the Contract
entered into by M r Anderson, he of course was bound to execute it.
The circumstance of the directions given to him being indiscreet, and
his conforming to them being the cause of the upsetting of one of the
blocks of the [71] pier (even if true) will not exonerate him from his
responsibility. If those directions were such as the agent of the Cor-
poration were not authorised by the contract to give he was not bound
to regard them ; and if by endeavoring to carry them into effect he has
sustained damage, it is in consequence of his own voluntary act, and
for which he has no legal claim on the Corporation for remuneration.
If on the other hand those orders were within the scope of the con-
tract, he of course was bound to carry them into effect, and to incur
every expence necessary for that purpose.

The Contract, above alluded to, is the only one which was entered
into in relation to the premises between the Corporation and M r Ander-
son, and it does not appear that the Agents of the Corporation were
ever authorised to enter into any other. Of course his claim must rest
upon the original contract, And for the reasons above stated, I am
of opinion it cannot be sustained.

The claims of the Corporation upon M r Jones to contribute, can
only be coextensive with their legal liabilities, and if I am correct in
my opinion, that M r Anderson has no legal claim upon the Corporation,
it follows of course that if any money is paid to him, no recovery can
be had for it against M r Jones.

In the opinion which I have here given, I have proceed [ed] upon
the assumption that all the representations of M r Anderson are correct.

Respectfully submitted.

(Signed.) Ogden Edwards.

Which was directed to be filed.



428 CITY or NEW YORK 26 Dec. 1820

I[t] was thereupon Resolved that the subject of M r Anderson's
claim to further compensation be referred to Arbitration, as heretofore
directed.

[72] The Committee on Assessments on the petition of Marcus
Wilbur reported,

The Committee on Assessments to whom was referred the petition
of Marcus Wilbur, complaining of having been assessed twice this
year, in the first Ward for personal Tax, to wit, at N 3 Cedar Street
where he resides, and at N 141 Pearl Street where he does business,
and praying to be relieved from paying the amount assessed at N
141 Pearl Street. Report,

That on examining the Book of Assessment, they found the case to
be, as is stated by the petitioner, and are of opinion that the prayer
is just and reasonable and ought to be granted. And in order to
effect it, the following resolution is respectfully submitted.

Resolved, That the Collector of the First Ward be instructed to de-
cline collecting the personal Tax assessed on Marcus Wilbur at N
141 Pearl Street, and that he return the same in the list of errors and
Insolvencies in said ward.

Charles Town Ch n
(signed.) Tho s S. Townsend.
Rob 1 Swartwout.
John. P. Anthony.

Which was approved and the resolution adopted.

The same Committee on the petition of Charles M c Evers Executor
of Gulian M c Evers deceased reported.

The Committee on Assessments to whom was referred the the
petition of Charles M c Evers, Executor of the Estate of the late
Gulian M c Evers, in which he says he has been called on by [73] the
Collector of the 3 rd Ward for the payment of the personal tax on Nine
thousand dollars, assessed on the late M rs Elizabeth M c Evers that since
her death, he finds the personal property left by her, will not pay much
more than half of the claims already exhibited, and prays that the Tax
may be remitted.

Report, that on examining the Books of Assessments for several
years past, it appears that M rs M c Evers was not assessed for personal
Taxes in 1815. 16. 18. & 19 and that in 1817 and 1820. she was
assessed $5000 personal. Your Comittee are of opinion that the
prayer of the petitioner ought not to be granted, for the following
reasons, in not applying for relief at the time the Book was left open
by the Assessors for alteration, and the admission of M r M c Evers, that



26 Dec. 1820 COMMON COUNCIL MlNUTES 429

y

the late M rs M c Evers, was in the yearly receipt of Interest on a much
larger sum than that on which she has been assessed.

The Committee therefore recommend, respectfully, the adoption of
the following resolution.

Resolved, that the prayer of the petitioner ought not to be granted

Ch s Town.

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

Which was approved and the resolution adopted.

The same Committee on the petition of Joseph N. Lord reported
The Committee on Assessments to whom was referred the petition
of Joseph N. Lord, in which he states that he is the owner of [74]
four lots of ground fronting on the contemplated line of Amity Street
That those lots have lately been assessed for building a sewer in Car-
mine Street, in conjunction with another lot of ground on the corner
of M c Dougal and Amity Street, owner unknown to the petitioner, and
the whole estimated together as five lots, and at $87.75/100

As this assessment blends his property with that of others more
advantageously situated, and being willing to pay a fair proportion
thereof, he prays that the subject be referred to a Committee, with
power to apportion the said Assessment, and determine what amount
he ought of right to pay.

Report, That on examination of the case your Committee are of
opinion that the prayer of the petitioner cannot be granted, the Law
does not authorise any person to alter or apportion an assessment after
it has been confirmed, but expressly says that it shall be final and con-
clusive on the parties. It also points out the manner in which a per-
son can obtain relief, who is compelled to pay an Assessment, on
property which does not belong to him.

The following resolution is respectfully submitted.
Resolved, that the prayer of the petitioner cannot be granted.

Ch s Town. Ch n

(signed.) Tho s S. Townsend.
Rob 1 S wartwout.
John. P. Anthony.

Which was approved and the resolution adopted.

The Street Committee on the petition of L. Seaman & Co reported,
The Committee to whom was referred the Memorial of Leonard



430 CITY OF NEW YORK 26 Dec. 1820



Seaman & Co praying permission to continue the sales of furniture &*
[75] in front of their Auction Store in Vesey Street, Report,

That they have had the subject matter of the said petition under
consideration, that the privelege solicited is not in the power of this
Board to grant without repealing the 3 rd Section of the Ordinance
regulating Sales at Auction, or extending the provisions of the said
Ordinance to meet this case, neither of which is deemed necessary or
proper on the present occasion, in consequence of the narrowness of
the Street, above Greenwich Street,

Therefore, Resolved that it is inexpedient to grant the prayer of the

Rob 1 Swartwout
(Signed.) Asa Mann.

Isaac Emmons,
Shivers Parker.

Which was approved and the resolution adopted.

The same Committee to whom the annexed *petition was referred,
Having viewed the situation of Chatham Street, are of opinion that
the prayer of the petitioners ought to be granted,

They therefore present the following Resolution.

Resolved, that the Street Commissioner be instructed to cause foot
walks of flat stone, to be laid across Chatham Street and Tryon Row,
agreeably to the request of the petitioners, and that he present an

Ordinance to that effect.

Rob 1 Swartwout.

Asa Mann.

(signed.) Isaac Emmons.
S. P. Brittain.
Shivers Parker.

Which was approved, and the Resolution adopted.

[76] The Street Committee to whom was referred the petition of
George Lorillard and others, praying that cross walks may be laid
across Chatham Street and Tryon Row reported (see fo 75.) which
was approved and the resolution adopted. The Street Commissioner
accordingly presented an Ordinance agreeably thereto, which was
passed.

The Canal Committee to whom was referred the petition relative
to the drain in James Street reported

The Canal Committee to whom the within petition was referred,
Report,

* Marginal note reads on the Petition of George Lorillard and others for
Cross walks to be laid across Chatham Street & Tryon Row. -Eo.



26 Dec. 1820 COMMON COUNCIL MlNUTES 431

that they have attended to the subject, and are of opinion from the
information which they have received, that the present drain is so far
decayed, that it cannot be repaired, nor can a new one be laid down
at this season of the year, without great inconvenience to those residing
on the Street, as well as an additional expence.

But in order to relieve the petitioners they recommend that the
drain be opened in two or three places, and a trial be made to clear it
for the present : for which purpose they offer the following resolution.
Resolved,

That the Superintendent of repairs be instructed to have the drain
in James' Street opened, and a trial be made to clear it, so as to vent
the water, until a new and permanent one can be built.

Robert Swartwout.
(signed.) Isaac Emmons.

Gerard DePeyster.
Shivers Parker.

Which was approved, & the resolution adopted.
[77] The Committee on Finance to whom was referred the the
petition of Benjamin Hinman praying a loan of Money to complete the
Owego Turnpike road Reported.

The Committee on Finance to whom was referred the petition of
Benjamin Hinman, requesting a loan of money towards completing the
Milford and Owego Turnpike, or to make an investment in the Stock
thereof Report.

that there are doubts on the minds of your Committee, whether the
Corporation possess the authority to appropriate money for im-



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