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

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after brings the time to the twenty first day of May instant and that
the Treasurer has twenty days after that time in which to proceed-
The Committee cannot perceive that the Common Council have any
discretion under the statute to enlarge the time, and that it is not in



28 May 1:821 COMMON COUNCIL MlNUTES /65>'j

their power to do more than to express a recommendation or request
to the Treasurer to grant such indulgence to the Collectors as: is in
his power to give They therefore offer the f ollowing resolution .

Resolved, that the County Treasurer be requested to allow the Col-
lectors of Taxes such time to settle their accounts as may be in- his
power to give

j Hammond
Henry j Wycko.fi
B Crane
Cha s Town
Francis Cooper

which report was approved and the Resolution adopted,

[41] The attorney of the Corporation presented a communica-
tion, detailing the mode in which he understood, the duties of his office
had heretofore been conducted, in relation to the commencement, and
the discontinuance of Suits and remissions of Penalties, in order that
instruction might be given to him. on the subject, if deemed necessary -
He also stated that a complaint had been made to him against Jacob
Segoine for selling in the market butter, deficient in weight He also
represented sundry cases, where complaints had been made and the
parties had removed the evil complained of ; whereupon the said sev-
eral communications were referred to the Committee on Public Offices.

The Finance Committee, on the account presented by Dobbs & Fur-
,man repgrted, , . ,

The Finance Committee to whom was referred the account of
Waters Furman and Charles Dobbs for removing snow from the
Public Markets, Report, that the services therein charged appear to
have been necessary, and the price reasonable, they therefore recom-
mend the [42] following resolution

Resolved that a w r arrant pass in favor of Waters Furman & Charles
Dobbs for Thirty One Dollars and Seventy five Cents

J Hammond
Henry J Wyckoff
B Crane
Cha s Town
Fra s Cooper

which was approved and a warrant directed to pass for the same

The Committee on assessments, on the Representation of Morris

He Camp Collector of assessments reported,

The Committee on assessments to whom was referred a ; cotnrnu-



654 CITY OF NEW YORK 28 May 1821



nication from Morris De Camp collector of the assessment for build-
ing the Minetto sewer, and for opening Harman Street, stating that
various pieces of property have been assessed to individuals which
on examination are found to be owned only in part by them, and re-
questing that a subdivision may be made.

Respectfully Report, that they have carefully examined the subject,
and are [43] of opinion, that the different amounts ought to be ap-
portioned amoung the respective owners

The[y] therefore offer the following Resolution

Resolved that Morris De Camp, collector be autho|ri]sed to re-
ceive from the different owners, the proportion of their respective as-
sessments, as " stated in the following list, with the Interest and
charges that may have accrued thereon Viz

N os 591 592 593 594 595 were assessed to owners unknown for
the Minetto sewer in the sum of $90. these Lots are about equally
situated and may be charged alike, and to the following Persons.

No" 591 592 & 593 to J N Lord at 18$ $54.00

594 to William Stone 18.

595 to A Frazer. 18.



$90.00
Note M r Frazer has paid the $18.

N 09 620 621 622 623 were assessed to owners unknown for the
Minetto sewer, in the sum of $60.

No 624. was assessed to owners unknown in the sum of $15 and
forms a part of Amity Lane in front of N os 620 621. 622 and 623
which being still [44] a public street, should have been assessed to the
following persons

No* 620 to J N Lord .............................................. $18.75

621 to W Paulding .......................................... 18.75

622 to Ja Jarvis ............................................ ( 37.50

623 to the same



$75.00



Note M r Paulding & Jarvis have already paid as above

N 228 Includes 4 Lots on N. Side of Jones street assessed to Har-
man Westervelt for the Minetto sewer, in the sum of $56. He owns
but two being situated alike, they may be charged alike at $14. each

N 231 Includes 3 Lots on N. Side Jones Street assessed to William
Patterson for the Minetto sewer in the sum of $43. He owns but
two they may be charged alike at $14.33 each.



28 May 1821 COMMON COUNCIL MlNUTES 655

N 267. Includes 5 Lots in the 6 th Avenue assessed to J C Kraff in
the sum of $100. for Minetto Sewer, and should have been assessed as
follows

4 Lots to Estate of J C Kraff $80.00

1 do to William Devoe. 20.



$100.



N 292 Includes 6 Lots on Greenwich Lane [45] assessed to A
W Hutchinson in the sum of $130. he is not owner of the whole, they
may be charged alike at $21.67 each

N 293 Includes 10 Lots in Christopher Street assessed to A Ham-
mond, for Minetto sewer in the sum of $200 He owns but 8. which
he has paid at $20 each, the other two may be charged at the same.

N 302 Includes 8 Lots assessed to Abijah Hammond for Minetto
Sewer, in the sum of $160. he owns but Six which he has paid for
at the rate of $20 each, the other two may be charged at the same

The following assessments are for opening Harman Street.

N 148 Includes 8 Lots assessed to the Estate of John Lawrence,
but should have been charged to the following Persons Viz

4 Lots to Mutual Insurance Co $34 .

1 do " Marinus Willet 6.50

1 do " Lewis Sanford 5.50

1 do " Eliza Wiggins

1 do " C Matthews 3 .



which is the Amount Assessed $53.00

[46] N 149 150 151 Includes 8 Lots assessed to Marinus Willet.
W m Hunter & John Devine in the sum of $332, they ought to have
been charged to Estate of John Lawrence

N 152 Includes 8 Lots, assessed to R M Livingston, in the sum
of $125, they are not his, but should have been assessed as follows

4 Lots to William Hunter

2 do " M Welles

2 do " John Devine 10.

$125.



Charles Town Chair 11
William Thorn
Tho s Bolton
John P Anthony

which was approved and the resolution adopted.



656 CITY OF NEW YORK 28 May 1821

7 ~ "

The same Committee on the Petition of John Gilleland reported

The Committee on assessments to whom the Petition of John
Gillelan, stating that there is an error in the assessment for the open-
ing of Varick Street, and praying that the amount of the assessment
may be apportioned amoung the [47] different Lots, which were in-
cluded in N 191, as he is not the owner of more than about one fourth
part,

Report, that they have carefully examined the subject, and are of
opinion that the amount of the assessment ought to be apportioned
amoung the different Lots intended to be benefited.

They therefore submit the following Resolution

Resolved that Morris De Camp Collector be authorised to receive
from the owners of the Lots that were included in N 191 the follow-
ing proportion of the original assessment, for opening Varick Street,
together with the Interest and charges thereon Viz

From the Corporation of Trinity Church for a triangular piece of
Ground fronting on Varick Street $6.00

From Samuel Jones for three Lots adjoining the above, fronting on
Downing Street 12.00

From John Gillehan for three Lots fronting on Carmine Street 6.



$24.



Cha s Town Ch
William Thorn
Thomas Bolton
Jn P Anthony

[48] Which report was approved and the Resolution adopted.

The Committee on the Fire Department on the Petition of Fire
Engine Company N 25 Reported

The Committee on the Fire Department to whom was referred the
Petition of Fire Engine Company N 25 stating that her great bulk
and weight are such as to render her of little service to the Public,
except the Fire should be in the vicinity of their station, and then the
labour of working her is much more than that of other engines in pro-
portion to the water she discharges, insomuch, that it is with extreme
difficulty, as sufficient number of Men are kept attached to her, she
is likewise much out of order.

Respectfully Report that they have had the said Petition under
consideration, and believe the above statement to be correct, your Com-
mittee have made enquiry as to the value of N 25, the highest value
is $300. with the condition to build a new Engine for the Company,



28Mayl82T COMMON COUNCIL MlNUTES 657

- [49] Your Committee are of opinion after mature reflection, that
it would be advisable to authorize the chief Engineer, to procure One
of the usual size, after selling N 25, for the said Company; respect-
fully offer the following resolution

Resolved that the Chief Engineer be and is hereby authorised to
dispose of Engine N 25. and to purchase a new Engine of the usual

size

John P Anthony

W m H Ireland
Rob* M c Queen.
which was approved and the Resolution adopted

The Same Committee on Petition for a Bill, at Centre Market
reported

The Committee on the Fire Department to whom was referred the
Petition of Philip C Ruckel, and Thirty others stating, that they are
Firemen residing in a part of the City, which although thickly popu-
lated and quite extinsive, has no Bell, to sound an alarm of Fire, suffi-
ciently near them to give an early call to their duty, respectfully repre-
sents that to have a [50] Bell, placed in the Steeple of the Centre
Market in Grand Street, which is on very high ground, that a Watch-
man during the Night is generally near it if he is vigilant, many of
your Petitioners would get an alarm of Fire, in the Lower part of the
City, in two Minutes after goal Bell Struck and an extensive, neighbor-
hood not well supplied with Water would have a Bell to give an alarm
of Fire within its own prescints.

Report, that they have had the Petition under Consideration, and
have ascertained the price of a suitable Bell to be $55. That for the
reasons, set forth by the Petitioners, your Committee are of Opinion
the prayer ought to be granted, and offer accordingly the following
resolution

Resolved, that the Superintendant of repairs be and is hereby au-
thorised to purchase a Bell for a sum not to exceed fifty five Dollars,
and to cause the same to be properly place [d] in the Steeple of Cen-
tre Market in Grand Street rc1l T . ~ A

[51] John P Anthony

W m H Ireland.
which was approved and the resolution adopted

The Same Committee on the Petition of Fire Engine Company
N 39 for the purchase of Flax Hose reported

The Committee on the Fire Department to whom was referred
the Petition of Fire Engine Company N 39. stating that a member of
their Company lately imported 52 feet of French Flax Hose, for the



658 CITY OF NEW YORK 28 May 1821

purpose of giving it a trial, and finding it to answer the expectations
of many belonging to the Fire Department, requests this Honourable
Body, to purchase the same for the use of the Company.

Report that in their opinion it is desirable to make a trial of the
French Flax Hose, it comes at half the price of good Leather Hose
and should it prove as durable, a considerable saving could be made
in the expenses of the Fire Department, they are of opinion the re-
quest of Company N 39 ought to be granted, and respectfully offer
the following Resolutions

Resolved that the Chief Engineer be [52] and he is hereby author-
ised, to purchase the 52 feet of French Flax Hose of Engine Company
N 39 for their use

Resolved that the Comptroller report a warrant in favor of Thomas
Franklin Chief Engineer, for the sum of Twenty Eight Dollars and

Fortv One Cents for said Hose ^ .

John P Anthony

W m H Ireland

which was approved the Resolutions adopted and the Comptroller di-
rected to report a Warrant agreeably thereto

The same Committee on the Petition of Gurdon Buck reported.

The Committee on the Fire Department to whom was referred the
petition of Gurdon Buck, stating that Fire Engine N 21 passing up
Fulton Street to the fire, on the night of the 3 d March ran against the
steps in front of the House N 88 in said Street occupied by him, and
broke the stone, he therefore prays, that your Honourable Body will
Cause the same to be repaired

Respectfully Reports, That your Committee [53] are of Opinion,
that this Board are not liable for any damage the firemen, may do
with the Engines in passing up or down the Streets, That it would in
the opinion of your Committee be inexpedient to grant the prayer of
the petitioner, and Respectfully offer the following Resolution

Resolved that [it] is inexpedient to grant the prayer of the Peti-
tioner ,

John P Anthony

W m H Ireland

which was approved and the Resolution adopted.

The Committee on Public Offices, on the Petition of the Executors
of J M c Kay reported

The Committee on Public Offices, to whom was referred the Peti-
tion of James Dobbins and Joseph Trulock as Executors to the Estate
of John M c Kay.



28 May 1821 COMMON COUNCIL MlNUTES 659

Report, that from the Books of the City Inspector, it appears that
the Executors and Tenants of certain Property belonging to the Estate
of John M c Kay, situate in Tolbert Street, late (Moores Row) were
duly served with notices on the 27 th day of December last, to have
the [54] Nuisances abated, arising from several sinks, on or before
the 10 th of January

It also appears, that on the 2 d day of May Instant, that a reexam-
ination was made and that nothing had been done toward said abate-
ment, whereupon M r Dobbins was noticed by the attorney

The opinion of the Committee is that as a reasonable time was al-
lowed and nothing done to abate the nuisance, and more so, as the
approaching warm Weather was at hand, the Gentlemen can have no
reasonable expectation of being relieved from the attorneys Costs,
which bear but a small proportion to the Penalties, which had been
incurred by them, but remitted by the City Inspector

Your Committee, would therefore beg leave to recommend the
adoption of the following resolution Viz

Resolved, that it is inexpedient to grant the prayer of the Peti-

tioners
Respectfully Submitted

B Crane Ch r
Ab r Valentine
Francis Cooper
William Thorn

[55] which report was approved and the Resolution adopted.

The Same Committee, on the Petition of Sundry Persons, praying
to be appointed, Inspectors of Weights and Measures presented the
following Report

The Committee on Public Offices to whom was referred the peti-
tion of sundry Persons praying to be appointed to the office of In-
spector of Weights and Measures agreeably to the Law as amended

Report, That thefy] Have had the same under consideration, for a
considerable time past, and have endeavored to become acquainted with
the qualifications of the respective petitioners, and would indulge a
hope of having made a Judicious Selection

Your Committee, would therefore recommend the adoption of the
following resolutions

Resolved that Townsend Cock be and is hereby appointed, Inspector
of Weights and Measures, for the City and County of New York

Resolved to [that] Joseph P Simpson be reappointed a Sealer of
Weights & Measures, only



660 CITY or NEW YORK 28 May 1821

[56] Resolved, that the Inspector furnish a complete set of
Weights and Measures agreeably to the standard of the State at his

own Expense. , f 11 c u v*. A

Respectfully Submitted

B Crane Ch n . .
Francis Cooper
William Thorn

M r De Peyster Moving, that the Inspector of Weights and Meas-
ures be appointed by ballot, The Board proceeded to ballot for a
person to fill that office when, Townsend Cock was duly elected,

The Second Resolution, reappointing Joseph P Simpson Sealer
of Weights and Measures was agreed to, and

The Third Resolution, directing the Inspector to furnish a Sett
of Weights and Measures at his own expe[n]se was also agreed to.

The Same Committee, on the Petition of the Justices of the Ma-
rine Court, reported

The Committee on Public Offices to whom was referred the
Petition of the Justices of the Marine Court

Report, that having examined the [57] Premises complained of,
are of opinion, that the prayer of the Petitioners, ought to be granted,
and would therefore beg leave to offer the following Resolution,

Resolved, that the Superintendant of Repairs, be instructed, to
erect a railing around the East End of the Hall similar to the one
around the Grand Jury Room

Respectfully Submitted

B Crane Ch n
Fran 5 Cooper
William Thorn

which was approved and the Resolution adopted.

The Market Committee on the Petition of James Weeden Reported
The Market Committee recommend the Prayer of the Petitioner

to be granted and offer the following Resolution.

Resolved that stanf[d] N 23 in the Fly Market be granted to

James Weeden and that he be licensed accordingly

Henry J Wyckoff
Tho s S Townsend
M. Gelston
Cha 3 Town
Isaac Emmons
[58] which was approved and the Resolution adopted



2g May 1821 COMMON COUNCIL MlNUTES 661

The Same Committee on the Petition of Joseph Smith reported
The Market Committee recommend the Prayer of the Petitioner
to-be granted and offer the following Resolution

Resolved that Stand N 5 in the Fly Market be granted to Joseph
Smith and that he be licensed accordingly

Henry J Wyckoff
Tho s S. Townsend
M Gelston
Cha s Town
Isaac Emmons
which was approved and the Resolution adopted

The Same Committee on the Petition of John De Rivierre, reported
The Market Committee recommend the prayer of the Petitioner
to be granted and offer the following Resolution

Resolved that Stand N 31 in the Fly Market be gran[te]d to John

De Rivierre

De revere [59] and that he be Licensed accordingly

Henry J \\yckoff
Tho s S Townsend
M Gelston
Cha s Town
Isaac Emmons

which was approved and the resolution adopted

The Street Committee, to whom was referred the Petition of the
Inhabitants of Nassau Street, on the Subject of Erecting Awning
Posts reported

The Street Committee to whom was referred the Petition of
Fonnan Lyon and others

Respectfully Report. That they have taken said application into
consideration respecting permission to put up awning posts in Nassau
Street. They find by an ordinance of the Corporation, that no Awn-
ing Post be put up in any street less than 40 feet Wide, and this.
Street being less than that, they believe it would incommode the pas-
sage in the said Street

They are therefore of opinion the prayer of the Petitioners ought

not be granted

[60] Francis Cooper

Henry J Wyckoff
W m H Ireland
Asa Mann
which was accepted and directed to be filed



662 CITY OF NEW YORK 28 May 1821

The Same Committee on the Petition, respecting the deposite of
Manure reported

The Street Committee to whom was referred the petition of Abel
S Clapp and others

Respectfully Report, that they have taken the same into considera-
tion, and find an Ordinance to prevent Street Manure being deposited,
on the South Side of North Street, and believing the Health of the
City, requires the continuance of the said ordinance,

They therefore are of Opinion that the prayer of the ]>etitioners
ought not to be granted

Francis Cooper
Henry J Wyckoff
W' H' Ireland
Asa Mann

[61] which was accepted, and directe[d] to be filed

The Same Committee on the Petition of H L Seixas & Co Re-
ported

The Street Committee to whom was referred the Petition of H L
Seixas & Co.

Respectfully Report, that they have taken the same into Consid-
eration, and find by an ordinance of the Corporation, that no Auc-
tioneer be permitted to sell in Wall Street below Water Street, and
believing it would open the door for other applicants of a Similar
nature and obstruct the passage very Much, by granting this permis-
sion. They are therefore of Opinion that the Prayer of the Petitioners
ought not to be granted

Francis Cooper
Henry J. Wyckoff
W m H Ireland
Asa Mann
which was accepted and directed to be filed

The Same Committee to whom was reffered from the City In-
spector, respecting Sunken [62] Lots owned by A L Stewart reported.

The Street Committee to whom was referred the enclosed ordi-
nance for filling up certain sunken Lots between Varick and Hud-
son Street

Report, that they have examined the Condition of said Lots, and
a part of Broome Street, and are of Opinion that the same ought to
pass,



28 May 1821 COMMON COUNCIL MlNUTES 663

Therefore present the following resolution.

Resolved that the Ordinance be confirmed, and that the City In-
spector be instructed, to Cause the same to be carried into effect, by
the fifteenth day of June next

Francis Cooper
Henry J Wyckoff
W m H Ireland
Asa Mann

which was approved, the Resolution adopted and the ordinance passed

A Letter from the Chamberlain accompanied with Copies of Let-
ters from him to the Comptroller of the State and his reply thereto,
on the subject of Interest on [63] certain arrears of Tax, claimed
by the State from the Corporation, was presented and were referred
to the Finance Committee

The following Communication was received from the clerk of the
Common Council in relation to a Firemans Certificate, given to
Samuel Bell, which was directed to be entered on the Minutes and

filed

The Clerk of the Common Council respectfully reports that Samuel
Bell having made satisfactory Proof, that he was elected a Fireman on
the 24 th April 1805, but through some mistake of the former Clerk,
his appointment was not entered on the Minutes, the clerk according
to the Resolution of the Board has given a certificate to M r Bell of
his Service from that period

The Clerk considers it proper to make this report in order that
M r Bells appointment may appear on the Records of the Common

Council

I Morton

Clerk

The Following notice relating to the calling of a Convention for
the Amendment of the Constitution of the State was [64] received
from the Sheriff of the City and County of New York, M M Noah
Esq.
State of New York, ss.

We, the Secretary, Surveyor General, Attorney General, Comp-
troller, and Treasurer of the said State, upon the canvass and estimate
of the votes given at the last anniversary Election, pursuant to the
act, entitled " an Act recommending a convention of the People of
this State" passed March 13, 1821, and the act entitled " An Act to
amend an Act entitled an Act recommending a convention of the Peo-



664 CITY OF NEW YORK 28 May

pie of this State " passed April 3, 1821, and returned to the Secretarys
office agreeably to Law, Do Certify and Declare, that a Majority of
the ballots or votes given at the said Election, and returned as aiore-
said are " for a convention ' That is to say, One Hundred and '-Nine
Thousand, Three Hundred and forty Six votes for a Convention, and
Thirty four Thousand Nine Hundred and One votes for No Conven-
tion

We do therefore, Certify and Declare, that a convention will be

'called accordingly, and that an election for Delegates to the said Con-

vention will be held in [65] the Several Cities, and towns in this State

on the Nineteenth day of Tune next ; to meet in Convention at the

j / . .'

Capitol, in the City of Albany, on the Twenty-Eighth day -of August
next, agreeable to the provisions of the before mentioned Acts of
the Legislature

Given under our hands at the Secretary's Office of the said :$tate ;
at the City of Albany, the twenty Second day of May, in the year
One Thousand Eight Hundred and twenty One, and in the forty fifth
year of the Independence of the, United States

J. V N Yates, Secretary

S. DeWitt Surveyor General

Sam 1 A Talcott, Attorney General

John Savage Comptroller

B Knower Treasurer



State of New York
City & County of New York^ ..

I Certify the above to be a true Copy of a certificate this day re-
ceived by me from the Secretary of State by express. AJ1 officers and
other persons in this County are therefore required to take notice,
that an Election for [66] Eleven Delegates to represent this County
: in the said Convention, will be held in the several towns in this' .State
of the 19 th day of June, 1821 according to Law ;?. .-.-

Dated Sheriff's office, at New York

in the said County, the 24 th day of MM Noah

May 1821 ...-..., .., . .. . Sheriff

Alderman Hammond presented the following resolution. : . ;

Resolved that Three persons in each ward -of the City of : Nfew
York be appointed Inspectors of the ensuing election for Eleven Dele-
gates to represent the City and County of New York in the -General
State Convention to meet at Albany on the last Tuesday of August



28 May 1821 COMMON COUNCIL MlNUTES 66.5

next, the said election to be holden on the third Tuesday of June
1821. which was adopted

The Board then proceeded to Elect Persons to act as Inspectors,



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