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Minutes of the Common Council of the City of New York, 1784-1831 (Volume 11) online

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532 CITY OF NEW YORK 5 March 1821

1 st day of May 1825. The Committee were of opinion it would be im-
politic to grant a partial renewal of this Lease, as the precedent might
occasion much perplexity, and induce numerous applications for a
similar favor, and they therefore, on a former occasion, reported un-
favorable to this petition; but on a further examination of this subject,
and from a certificate of Samuel Howell, House Carpenter, and John
Rogers Mason, attached to the petition under consideration, it appears
that the building now on the Lot is so much injured by age, and the
damage sustained by the late fire in Chatham Street, that it is not
worth repairing; and that the petitioner will, therefore, be unable
to derive a sufficient income from the premises, in its present state,
to pay the rent reserved to the Corporation. Under these circum-
stances the Committee are induced to recommend that the prayer of
the petitioner be conditionally granted, and they offer the following
resolution, accordingly,

Resolved, that the Lease of the Lot held by Right Carpenter be
renewed for 21 years, after the expiration of the present Lease, the
rent to be fixed by appraisers in the usual way: and that such lease
contain a condition for another re- [263] newal of 21 years, in addi-
tion to the last mentioned term, on payment for the improvements at
their value, at the option of the Corporation

Provided, and on condition that the said Right Carpenter, shall,
previous to the expiration of two years from this present date, erect
on the said Lot a brick building with slate roof, the walls thereof to be
of the best hard brick, and the gable ends one brick, or 8 Inches
thick, and the front and rear one and a half bricks, or 12 Inches thick
with party or fire walls as directed by the Law on that subject.

Respectfully submitted,

Stephen Allen,
(Signed.) Sam 1 Tooker.
J. Hammond
B. Crane.

Which was approved and the Resolution adopted

The Committee on Assessments on the petition of B. Fleury re-
ported,

The Committee on Assessments to whown [whom] was referred
the petition of B Fleury, stating that he has paid $22.40 to the Col-
lector of the 4 th Ward for personal Tax, as assessed for 1820. That
he has little or no personal property, and prays that a part of the tax
which he has paid, may be refunded.



5 March 1821 COMMON COUNCIL MlNUTES 533

[264] Report, that they have examined the Assessors of the 4 th
Ward on this subject, who said That the assessment on the peti-
tioner's property was in consequence of information received from his
Neighbors, and on their own knowledge of his affairs ; and that they
have no reason to doubt its correctness." Your Committee are there-
fore of opinion that the prayer of the petitioner ought not to be
granted. And respectfully recommend the adoption of the following
resolution.

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

Ch s Town, Ch
(Signed.) Thomas Bolton.

Tho s S Townsend.

Which was approved and the resolution adopted.

The same Committee on the Petition of Garrit Sickels reported,

The Committee on Assessments to whom was referred the petition
of Garrit Sickels, stating that he is the Owner of House and Lot N
7 Essex Street in the 10 th Ward. That said property was assessed by
the Assessors of the Ward for 1820 at $800. and that in transcribing,
it is entered in the Tax book $1800. by which mistake he has paid tax
on $1000. more than the Assessors intended he should and prays that
the same may be refunded.

[265] Report, that they have examined the original book of As-
sessments of the 10 th Ward for 1820, which with the certificate of the
Assessors attached to the petition, has satisfied them that the prayer of
the petitioner is just and reasonable and ought to be granted. The
following resolution is respectfully submitted, Resolved,

That the Collector of the 10 th Ward be instructed to refund to
Garrit Sickels, the tax on $1000 overpaid by him on House and Lot
N 7 Essex Street for the year 1820, and that he return the same in the
list of errors and Insolvencies of said Ward.

Charles Town. Ch
(Signed.) Thomas Bolton.

Tho s S Townsend.
John P. Anthony.

Which was approved and the resolution adopted.

The same Committee on the Petition of Frederick G Bull reported,
The Committee on Assessments to whom was referred the petition
of Frederick G Bull, of the 3 rd Ward, praying to be relieved from pay-
ing a tax of $25. on personal property, which he considers excessive
and out of all proportion to what he is really worth



534 CITY OF NEW YORK 5 March 1821

Report, that they have had the petitioners case under consideration,
and are of opinion that he is not entitled [266] to relief. The Com-
mittee in this, as well as in former cases, have adopted one uniform
rule, that of not granting relief where the petitioner acknowledges he
was in the City at the time when the Book of Assessment was kept
open for public inspection, and that he had neglected to examine it,
which in the present instance appears clearly to have been the case.

The following resolution is respectfully submitted, Resolved, that
the prayer of the Petitioner ought not to be granted.

Ch s Town. Ch.
(Signed.) Thomas Bolton,

Tho 3 S Townsend.

Which was approved and the resolution adopted.

The same Committee on the petition of Abraham Van Gassen re-
ported,

The Committee on Assessments to whom was referred the petition
of Abraham Van Gassen, praying the correction of an error made in
transcribing the original book of Assessment for the 9 th Ward, in the
Value of property assessed to him on the old Harlaem road and de-
scribed as one house and 4*/2 Acres of Ground. The sum assessed on
the property was $1200 but by the transcriber it is put down $12,000,
in the Collector's book.

[267] Accompanying the petition is the Certificate of the Assessors
of the Ward, in which they declare that the property above mentioned
was assessed by them at $1,200.

Report, that on an examination of this case, they find the complaint
of the petitioner correct, and that his request is just and reasonable,
and ought to be granted, and respectfully recommend the adoption of
the following resolution.

Resolved, that the Collector of the 9 th Ward be instructed to receive
from Abraham Van Gassen the Tax on $1,200 on his House and 4^
Acres of ground on the Old Harlaem Road, for 1820, in lieu of
$1,2000 and that he return the Balance in the list of Errors and In-
solvencies of said Ward.

Ch s Town. Ch n
(signed.) Thomas Bolton.

Tho s S. Townsend.
John P. Anthony.

Which was approved and the resolution adopted.



5 March 1821 COMMON COUNCIL MlNUTES 535

Alderman Board informed the Board that M r Robert Murden Col-
lector of the 8 th Ward had departed this life, and that it was therefore
necessary that an Election should be held for the purpose of supplying
the vacancy, occasioned by his discease.

Whereupon, it was resolved that an Election [268] be held in the
8 th Ward, on Wednesday the 14 th and Thursday the 15 th of March
Instant for the purpose of electing a Collector in the place of Robert
Murden deceased, and that Samuel M Thompson, Jacob Aimes and
Stewart F Randolph be the Inspectors of said Election.

M r Hammond presented the following Resolutions.

Resolved, that it be referred to the Counsel to examine and report
at the next meeting of the Board whether the Assistant Justices of the
City of New York who receive salaries from this Board, are by law
entitled to receive fees to their own use for any services to be by them
performed in virtue of their offices, and if any, what services.

Resolved, that in order to enable the Clerks of the Assistant Justices
Courts to balance up their books from time to time, they be instructed
to retain in their hands the fees of the witnesses sworn in trials in the
said Courts, but that the said Clerks at the time of receiving any such
fees, immediately pay the same to such Witness or Witneses, if de-
manded by them, and if not so demanded, then that such Clerks pay
such fees to the Constable or Marshall in such suit, to be paid by such
Constable or Marshall to such Witnesses.

[269] And further that it shall be the duty of every such Clerk to
receive the fees of such Constable or Marshall at the time he receives
the fees of the Assistant Justice and Witnesses in every such suit;
And that such Clerk pay such Constable, or Marshall the said unde-
manded Witnesses fees, together with his fees, as such Constable or
Marshall, in every such suit as soon after the same shall be paid into
Court as may be conveniently done.

And further that the Clerk of the Common Council cause a copy of
this resolution to be served on each of the said Clerks of the said
Courts.

Which resolutions were adopted.

On motion of Alderman Allen, Resolved, that the proprietors of
the New York Gazettee News-paper be employed as publishers for the
Corporation.

The Board then proceeded to consider the Laws revised by the
Counsel. And the following Laws were approved. Viz 1

A Law to prevent the exposure of certain Hand bills.

A Law further to regulate Surveyors and Buildings.



536 CITY OF NEW YORK 12 March 1821

A Law to prevent damage to pumps.

A Law regulating the fees on making distress for rent.

The Law respecting Hackney Carriages was called up and after
some consideration thereof, was laid on the table.

[270] The Law respecting the Markets was also laid for consider-
ation.

The Law for the government of the Alms House was referred to
the Commissioners of the Alms House for their consideration, with
a request that they would report at the next meeting of the Board.

It was agreed that a Special Meeting of the Board should be called
on Monday for the purpose of taking into consideration the proposed
erection of a Market, at Fulton Street.

[271, 272, blank.]

[273] Special Meeting. In Common Council March 12 th 1821.
Present. Peter A Jay Esquire, Recorder, President.

Aldermen. Assistants.

Samuel Tooker. Thomas Bolton.

Thomas S Townsend. Abraham Valentine.

Leonard Kip. Harmanus Tallman.

John P Anthony. Benjamin Crane

Robert McQueen Charles Town.

Asa Mann Shivers Parker.

David Board. Isaac Emmons.

Stephen Allen. Gerard Depeyster.

Judah Hammond.

The reading the Minutes of the preceeding Meeting was dispensed
with.

The Recorder stated that a Commission had been handed him under
the great Seal of the State appointing Stephen Allen Esquire, Mayor
of the City of New York ; that Alderman Allen was present and
ready to take the Oaths of office, and with their approbation he would
proceed to administer the oaths to him

[274] Accordingly the Commission was read by the Ilerk of the
Common Council, and the oaths prescribed by the Charter and Laws
were administered. After which, at the request of the Recorder, Al-
derman Allen was handed to the Chair by Alderman Tooker and M r
Depeyster, and took his seat as President of the Board.

The Counsel presented the following resolution.

The Counsel in compliance with a resolution of the Board requir-
ing him to report whether the Assistant Justices of this City who



12 March 1821 COMMON COUNCIL MlNUTES 537

receive salaries are by Law entitled to receive fees to their own use for
any services performed in virtue of their offices, and if for any what
services,

Respectfully Reports,

That by the fourth section of the act for reorganizing the Assistant
Justices Court in this City, it is provided that the Assistant Justices
instead of " receiving for their own use the fees now allowed by law
to the Assistant Justices shall be paid an annual salary, and further
that all such fees as may accrue or become payable shall be received for
the use of the Corporation in the manner therein after directed." By the
sixth section of the same Act it is provided that the Clerk shall make
proper entries of all proceedings before the [275] Assistant Justices,
and shall collect and receive, for the use of the Corporation, all costs of
suit and fines which may be imposed by the Assistant Justices and shall
exhibit an Account of the same monthly to the Comptroller which
account shall state the title of each suit in which any fees shall have
been received, and the amount of monies so received shall be paid
over to the Chamberlain." By the section first above mentioned it ap-
pears that the Assistant Justices, instead of receiving for their own
use the fees now allowed by law to the Assistant Justices shall receive
salaries. The question then presents itself, what fees are allowed by
Law to the Assistant Justices ? Those fees are particularly set forth
in the Act, of which the above mentioned is an amendment, and are
only such as accrue from suits commenced before them. If there was
room for any doubt as to the intention of the Legislature as to the
fees which the Corporation are entitled to receive it is put beyond
question of the sixth section above set forth, which provides that the
Clerk shall receive for the use of the Corporation all costs of suits and
fines, and shall pay over the same to the Chamberlain. There is no
provision that the Justices shall receive and pay over any of the fees
which the Corporation are entitled to receive, but, on the contrary, the
Act is express that the Clerk shall [276] receive and pay over. And
the fees which he is directed to receive and pay over are costs of suit.

The Counsel is therefore of opinion that the Assistant Justices are
entitled to receive for their own use all fees for services which they
may render except costs of suit.

respectfully submitted.

(Signed.) Ogden Edwards.

An Invitation of the Committee of arrangement of the New York
County Agricultural Society requesting the favor of the company of



538 CITY OF XETV YORK 12 March 1821

the Members of the Common Council, at the Society's dinner on
thursday the 12 th Instant, was presented and accepted.

A petition of John W Hinton stating that he was appointed a
Fireman on the 11 th November 1805. but that through some mis-
take his name was not entered on the Common-Council minutes and
praying the Clerk may be authorised to give him a certificate of service
agreeably to the said appointment, was read and referred to the Com-
mittee on the Fire Department, with authority.

A petition of William Broady, for appointment of Measurer of
Grain, was referred to the Committee on applications.

[277] A petition from a number of licenced Cartmen, stating that
many persons came from the Country in the Spring and obtained
licences as Cartmen. and then returned to the Country in the Fall, and
praying that the Law may be amended so that no person shall be
licenced as a Cartman until after one year's residence, was read and
referred to his Honor the Mayor.

A Petition of William Hanson, stating he was about to erect a
House on West Street, and wished to be informed of the regulation of
West Street, was referred to the Street Commissioner.

A Memorial from the Lessees of Cellars under Washington Mar-
ket, complaining of persons vending Coffee and other food at out
door stands, was referred to the Market Committee.

A Petition from Fire Engine Company N 25, stating the un-
weildy size of the Engine attached to their Company, and proposing
that it be cut down and reduced, was referred to the Committee on
the Fire Department.

A Petition of Moses Dodd, stating that there is due to him from
Haviland Weeks Contractor for [278] Collect and Sewer S440, for
timber furnished for said Sewer That said Weeks has given a power
of Attorney irrevocable to be placed in the hands of the Street Com-
missioner for payment of the same and prays the Balance yet unpaid to
Weeks may be retained by the Corporation and paid to petitioner in
part of his said demand.

A representation was received from a number of Inhabitants signi-
fying their assent to Mess 1 ^ Wadsworth's establishing a scale for
weighing Hay, Merchandize & c at the foot of Canal Street, which was
read and referred to the Committee on Arts and sciences.

The Street Committee, to whom was referred the petition for
paving the Intersection of Varick Street, reported,

The Committee to whom was referred the annexed petition of
sundry persons in Varick Street praying that the Intersection of



12 March 1821 COMMON COUNCIL MlNUTES 539

Canal and Varick Street may be paved, and that the side walks in
Varick Street from Beach to Van Dam Street be paved.

Report, that they have examined the situation of said Street, and
are of opinion that the request of the petitioners ought to be granted,
[279] Therefore, beg leave to offer the following resolutions,
Resolved, that the Intersection of Canal and Varick Street be
regulated and paved, and that the side \Yalks in Varick Street, be-
tween Beach and Van Dam Street be paved.

Resolved, that the Street Commissioner be instructed to prepare an
Ordinance, forthwith, for that purpose.

Isaac Emmons,
Signed, i Asa Mann,

Shivers Parker.

Which was approved and the resolution adopted.

The Special Committee on the petition of Thomas Gibbons in
behalf of the Butchers, reported,

The Committee to whom was referred the petition of Thomas
Gibbons in behalf of the Butchers, relative to a report of a Com-
mittee of the Board on the subject of selling the Stalls of the several
Markets of the City report,

That in compliance with the prayer of the petitioners, your Com-
mittee met a Committee appointed by the Butchers who explained
their views and wishes upon the subject.

Your Committee after duly considering the re- [280] presenta-
tions made to them are of opinion that it is expedient to adhere to their
former report,

Respectfully submitted,

Asa Mann,

(Signed.) Charles Town,
Samuel Tooker,
Tho s S Townsend,

The Report of the Special Committee on the subject of the pro-
posed Market at Fulton Street was called up, and being read was in
the w r ords following,

The Committee to whom was referred the petition to erect a
Market upon the ground belonging to the Corporation, between Fulton
Street and Crane Wharf, Report,

That they are of opinion that it is expedient that a Market should
be erected upon the above mentioned premises, and that after it is
completed, Fly-Market should be removed.



540 CITY OF NEW YORK 12 March 1821

This subject has so frequently engaged the attention of the Cor-
poration, and the arguments for and against the measure are so famil-
iar to the members of the Board, that the Committe do not not con-
ceive it to be necessary for them to make a particular statement of
them.

They will therefore simply remark, that [281] Fly Market is ex-
tremely incommodious, and in the Summer season is so offensive as
to be very prejudicial to health ; that the site contemplated for a new
Market is peculiarly well adapted for the purpose ; and as all the
buildings which were upon it, with but one exception, have been
recently destroyed by fire, it can be so appropriated at a much less
expense than any other convenient situation which can be obtained.

The Committee have bestowed their attention upon the means of
paying for the ground, of defraying the expenses of erecting the
Market, and also for regulating it after it is completed. Their views
upon this subject are expressed in the following regulations, which
they recommend should be adopted by the Board, to wit :

1. Resolved, that a Public Market shall be erected upon the ground
belonging to the Corporation, between Fulton Street and Crane Wharf.

2. Resolved, that Fifteen thousand dollars be raised annually for
Ten years by tax, which together with the income from the said
Market, shall be appropriated to the sinking fund, for the extinguish-
ment of the debt created by the purchase of the said ground, and the
erection of suitable buildings for a Market on the same.

3. Resolved, that whenever the said buildings [282] shall have been
completed, the Stalls for the Butchers and the Stands for the Fisher-
men, Country people and sellers of Vegetables, and fruit shall be
rented at Auction for one or more years, the rent for one year always
to be paid in advance.

4. Resolved, that the aforesaid regulations shall apply to all the
Markets in the City, and shall go into operation, as it respects the
Butchers Stalls in the present Markets on the first day of May next ;
and as soon thereafter as the Market Committee can complete the ar-
rangement, as it respects the stands for the Fishermen, Country people,
and sellers of Vegetables and fruit : Provided, however, that the Stalls
in Fly Market shall be sold for a time not exceeding the time neces-
sary to build and complete the Market at Fulton Slip.

5 Resolved, that the Two hundred thousand dollars authorised to
be funded by the Act of one thousand eight hundred and twenty, be
funded in such sums and at such times as the means may be required



12 March 1821 COMMON COUNCIL MlNUTES 541

to defray the aforesaid expense, and that the amount thus funded
shall bear an Interest of not more than five per Cent per annum, and
be redeemable at the pleasure of the Corporation after years.

[283] 6 th Resolved, that the Counsel be instructed to prepare a
Memorial to be presented to the Legislature at their next session, pray-
ing for an Act authorizing the aforesaid ; and that the Clerk be in-
structed to give the necessary notice of the intention of the Corporation
to apply for such authority.

7. Resolved, that so much of the foregoing resolutions as relates
to the City Stock, be referred to the Comptroller and Finance Com-
mittee, with authority to adopt the necessary measures for carrying the
same into effect.

8. Resolved, that so much of the foregoing resolutions as relates
to the sale of the Butchers' Stalls, and Stands for the Fishermen,
Country people and sellers of Vegetables and fruits, be referred to the
Comptroller and Market Committee with authority to lease the same
at Auction for one or more years, as they shall deem most for the
Interest of the public.

9 Resolved, that a Committee consisting of five members be ap-
pointed to procure plans and estimates, and to superintend the building
of the aforesaid Market, and that such plans be laid before the Board
for their approbation.

Asa Mann.

Signed. John P Anthony.
Tho s S Townsend.
Sam 1 Tooker

[284] Alderman Board moved to lay the Report on the Table
which passed in the Negative.

A motion was made to strike out the first Resolution, for the pur-
pose of introducing a Resolution directing enquiry to be made re-
specting a site between the Fly Market and Fletcher's Street, this also
was negatived. The question was then taken on the first resolution,
and carried in the affirmative The Ayes and Noes being called by
Alderman Board were as follows.

Ayes. Aid. Tooker, Townsend. Kip. Anthony, Mann. Mess"
Bolton, Valentine, Crane, Town, DePeyster. 10.

Noes. M r Recorder. Aid. M c Queen. Board, Mess rs Tallman. Parker,
Emmons. Hammond. 7.

So the Resolution was carried.



,542 CITY OF NEW YORK 19 March 1821

The second Resolution being under consideration, Alderman
Tooker moved to strike out $15.000 and insert $10.000. This was
negatived.

The Resolution was then adopted.

The third Resolution being under consideration, Alderman Anthony
moved to strike out the words one year and insert one quarter. This
motion was negatived.

The question was then taken on the third Resolution, and carried
in the Affirmative.

The fourth Resolution was also agreed to.

[285] The question was taken on the 5 th Resolution, and agreed to.

The question was then taken severally on the sixth seventh, eighth
and ninth Resolutions, and carried in the Affirmative.

The question was then taken on the whole Resolutions, and carried
in the Affirmative.

M r Hammond gave notice that he would, at the next meeting of the
Board, move for a reconsideration of the question.

A Resolution was presented, directing the room in the Hall occu-
pied by the Recorder to be assigned after the last day of this month to
the use of the first Judge of the Court of Common Pleas, in and for
the City of New York. Which was directed to be referred to the
Committee on Public Offices.

[286] In Common Council, March 19 th 1821.

Present. The Hon 1 Stephen Allen, Mayor, President.

Richard Riker, Esquire, Recorder.
Aldermen. Assistants.

Samuel Tooker. Thomas Bolton.

Thomas S Townsend. Abraham Valentine.

Leonard Kip. Harmanus Tallman.

John P. Anthony. Benjamin Crane.

Robert McQueen. Charles Town.

Asa Mann. Shivers Parker.

David Board. Stephen P. Brittain.

Isaac Emmons.



Online LibraryNew York (N.Y.). Common CouncilMinutes of the Common Council of the City of New York, 1784-1831 (Volume 11) → online text (page 47 of 67)