ACTS OF THE LEGISLATURE OF THE STATE, ANH ORDINANCES AND RESOLUTIONS OF THE COMMON COUNCIL OF THE CITY OF NEW-YORK, IN RELATION TO THE SUBJECT OF THE INTRODUCTION OF WATER • INTO THE CITY OF NEW YORK, FROM 1833 TO JUNE, 1842 C. DINGLEY, PRINTER, 111 FULTON STREET. ACTS OF THE LEGISLATURE. AN ACT For the appointment of Commissioners in relation to supplying the City of New York with pure and wholesome Water. (Passed Feb. 26, 1833.) The People of the State of New York, represented in Senate and Assembly, do enact as follows : § 1. The Governor shall nominate, and with the consent of the Senate, shall appoint five persons, to be known as the Water Commissioners for the city of New York, who shall be citizens and inhabitants of the said city. Five Com- missioners. § 2. It shall be the duty of the said Commissioners to examine and consider all matters relative to supplying the city of New York with a sufficient quantity of pure and wholesome water for the use of its inhabitants, and the amount of money necessary to effect that object. Their duty. § 3. The said Commissioners shall have power to em- ploy engineers, surveyors, and such other persons as in their opinion may be necessary to enable them to fulfil their duties under this act. May employ engineers. § 4. The said Commissioners shall make a report of their proceedings under this act, which shall contain their To report 4 opinion as to the best plan of furnishing the city of New York with a sufficient supply of pure and wholesome water, and an estimate of the expense of carrying such plan into effect; also, the reasons and calculations upon which such opinion and estimate may be founded ; and, generally, all such information connected with the object of their appointment, as they may deem important. to the Com- mon Council § 5. The said Commissioners shall present a copy of the said Report to the Common Council of the city of New York, on or before the first day of November, of the year one thousand eight hundred and thirty-three; and their said Report shall be made and presented by them to the Legislature on or before the second Monday of January, of the year one thousand eight hundred and thirty-four. and to the Le- gislature. Duration of act § 6. This Act shall continue in force one year from the passage thereof. Vacancies to be supplied. § 7. In case of the death or resignation of any of the said Commissioners, the vacancy shall be supplied by the person administering the government of this State ; and a majority of the said five Commissioners shall constitute a board or quorum for the transaction of business. § 8. All reasonable expenses to be incurred under this Act, shall be paid by the Mayor, Aidermen and Common- alty of the city of New York. Expenses. 5 AN ACT To provide for supplying the City of New York with pure and wholesome Water, (Passed May 2, 1834.) The People of the State of New York, represented in Senate and Assembly, do enact as follows : § 1. The Governor shall nominate, and with the con- sent of the Senate, shall appoint five persons to be known as the Water Commissioners for the city of New York, who shall be citizens and inhabitants of the said city. Commission- ers § 2. It shall be the duty of the said Commissioners to examine and consider all matters relative to supplying the city of New York with a sufficient quantity of pure and wholesome water, for the use of its inhabitants. to examine. § 3. The said Commissioners shall have power to em- ploy engineers, surveyors, and such other persons as, in their opinion, may be necessary to enable them to perform their duties under this act. To employ engineers. § 4. The said Commissioners shall adopt such plan as in their opinion may be most advantageous for procuring such supply of water; and shall ascertain, as nearly as may be, what amount of money may be necessary to carry the same into effect: and for such purpose, they shall have power to make conditional contracts, subject to the ratification of the Common Council of the city of New York, with the owner or owners of all lands, tenements, hereditaments, rights or privileges whatsoever, which may be required according to such plan, for the purchase there- of, at stated prices; which contracts shall be so drawn as To adopt plan, 6 to be binding upon the said owners, respectively, in case the same shall be ratified by the said Common Council within two years from the passage of this act. To report § 5. The said Commissioners shall make a report of their proceedings, under the foregoing sections of this act, containing a full statement and description of the plan adopted by them; an estimate of the expense thereof, together with an estimate of the probable amount of reve- nue to accrue to the city, upon the completion of the work; with the reasons and calculations upon which their opinions and the said estimates may be founded: and all such other information, connected with the object of their appointment, as they may deem important. to Common Council § 6. Such report shall be made and presented to the Common Council, by the Commissioners, together with all such conditional contracts as may have been made by them by virtue of this act, on or before the first day of January, which will be in the year one thousand eight hundred and thirty-six. Plan, if appro- ved, to be sub- mitted to elec- tors. § 7. In case the plan so adopted by the Commissioners, shall be approved of by the Common Council, they shall appoint a poll to be open on the days upon which the next annual election for charter officers is by law appointed to be held; and the inspectors of said election shall provide a ballot box, with suitable lock and key, and the electors shall express their assent or refusal to allow the Common Council to proceed in raising the money necessary to con- struct the works as aforesaid, by depositing their ballots in the box provided for that purpose in their respective wards. And those electors who are in favor of granting the necessary power to the Common Council, shall each deposit a ballot containing the word "yes," written or printed thereon ; and those who are opposed, shall each 7 deposit a ballot containing the word " no," written or printed thereon. And a canvass and return of the votes shall be made by the inspectors of the election, in the same manner as is now prescribed by law, in regard to the canvass and return of votes for charter officers. § 8. If a majority of the said electors are found to be in favor of the measure, it shall then be lawful for the Com- mon Council to instruct the Commissioners to proceed in the work : and it shall also be lawful for the Common Council to raise by loan, from time to time, and in such amounts as they may think fit, a sum not exceeding two million five hundred thousand dollars, by the creation of a public fund or stock, to be called "The Water Stock of the City of New York," which shall bear an interest not exceeding five per cent, per annum, and shall be redeem- able at a period of time not less than ten, nor more than fifty years, from and after the passage of this act. If adopted, the work to be proceeded in. § 9. It shall be lawful for the said Mayor, Aidermen and Commonalty to determine what shall be the nominal amount or value of each share of the said stock, and of what number of shares the same shall consist; and they are hereby authorized to sell and dispose of such shares, at or above the par value thereof, either at public auction or private sale, or to raise the said sum of money by subscrip- tion for such stock, in the mode in which the stocks of bank- ing and insurance companies are usually subscribed for. Stock. § 10. The provisions of the act entitled "An act to regu* ° late the finances of the city of New York," passed June 8, 1812, which are not repugnant to, or incompatible with any provision in this act contained, shall apply to the said stock. Act of June 8 1812 ' § 11. The moneys to be raised by virtue of this act, shall be applied and expended to and for the purpose of Money, how to be applied. 8 supplying the city of New York with pure and wholesome water, according to the plan so adopted and ratified, with such immaterial alterations as may be necessary, and by and under the direction of the said Commissioners. Land and water to be used. § 12. The said Commissioners are hereby authorized to enter upon any land or water, for the purpose of making surveys, and to agree with the owner of any property which may be required for the purposes of this act, as to the amount of compensation to be paid to such owner. Estimate of damage. § 13. In case of disagreement between the Commission- ers and the owner of any property which may be required for the said purposes, or affected by any operation connect- ed therewith, as to the amount of compensation to be paid to such owner, or in case any such owner shall be an infant, a married woman, or insane, or absent from this state, the Vice-chancellor of the first circuit may, upon the appli- cation of either party, nominate and appoint three indif- ferent persons to examine such property, and to estimate the value thereof, or damage sustained thereby, and to re- port thereon to the said court without delay. be pad°Unt t0 § 14. Whenever such report shall have been confirmed by the said Vice-chancellor, the said Commissioners shall, within two months thereafter, pay to the said owner, or to such person or persons as the court may direct, the sum mentioned in said report, in full compensation for the pro- perty so required, or for the damage sustained, as the case may be; and thereupon the said Mayor, Aidermen and Commonalty shall become seized in fee of such property so required, and shall be discharged from all claim by reason of any such damage. Ground un- der streets. § 15. The said Commissioners, in behalf of the said Mayor, Aidermen and Commonalty, and all persons acting 9 under their authority, shall have the right to use the ground or soil under any street, highway or road, within this state, for the purpose of introducing water into the city of New York, on condition that they shall cause the sur- face of such street, highway or road, to be restored to its original state, and all damages done thereto to be repaired. § 16. If any person shall wilfully do, or cause to be done, any act, whereby any work, materials, or property whatsoever, erected or used, or hereafter to be erected or used, within the city of New York, or elsewhere, by the said Mayor, Aidermen and Commonalty, or by any person acting under their authority, for the purpose of procuring or keeping a supply of water, shall in any manner be in- jured, such person, on conviction thereof, shall be deemed guilty of a misdemeanor. Penalty. § 17. All contracts for materials, or for the construction of the work, shall be made in writing, and of each con- tract three copies shall be taken, which shall be numbered with the same number, and endorsed with the date of the contract, with the name of the contractor, and a summary of the work to be done, or materials furnished. Contracts. § 18. One of such copies shall be retained by the Com- missioners, another shall be deposited with the Comptrol- ler of the city. Where de- posited. § 19. Public notice shall be given of the time and place at which sealed proposals will be received for entering into contracts. Notice, § 20. All sealed proposals for contracts shall be for- a sum certain as to the price to be paid or received; and no proposition, which is not thus definite and certain, or Sealed pro- posals- 10 which contains any alternative, condition, or limitation as to price, shall be received or acted upon. How to be made. § 21. No more than one proposition shall be received from 11 any one person for the same contract, and all the proposi- tions of the person offering more than one, shall be rejected. Security. § 22. Every person who shall enter into any contract for the supply of materials, or the performance of labor, shall give satisfactory security to the Commissioners for the faith- ful performance of his contract according to its terms. Materials. § 23. All materials procured or partially procured, un- der a contract with the Commissioners, shall be exempt from execution ; but it shall be the duty of the Commis- sioners to pay the moneys due for such materials to the judgment creditor of the contractor, under whose execu- tion such materials might otherwise have been sold, upon his producing to them due proof that his execution would have so attached, and such payment shall be held a valid payment on the contract. Drafts on City Comptroller. § 24. The Common Council shall authorize the Com- missioners to draw upon the Comptroller of the city for any sum in favor of, and to be paid to the owner of any lands, water streams, or property acquired by virtue of this act, and in favor of, and to be paid to any contractor, for any sum due upon his contract, and also for their inci- dental expenses. Such drafts shall specify the objects for which they are drawn, in the manner provided in the seven- teenth section of this act, as nearly as may be; and the Common Council shall make it the duty of the Comptrol- ler to pay such drafts in every case where a deed or other voucher is delivered to him, or a copy of a contract has been filed in his office, and a duplicate receipt of the con- tractor for such drafts shall be presented therewith. 11 § 25. They shall also require the Comptroller to report to them a list of all the payments made by him, upon the orders of the Commissioners, once in every six months, and previous to such reports, shall have the accounts of the Commissioners and of the Comptroller examined by the Finance Committee of the Board of Aidermen. Comptroller to report. AN ACT To permit the Water Commissioners of the City of New York to con- struct their Aqueduct through the State Prison Farm at Mount Plea- sant. (Passed May 11, 1836.) The People of the State of Nero York, represented in Senate and Assembly, do enact as follows : § 1. The Water Commissioners appointed under the act entitled, "An Act to supply the city of New York with pure and wholesome water," passed May 2, 1834, are hereby authorized and empowered, with the consent of the Governor, and subject to his control, to make the necessary excavations and construct the aqueduct for supplying the said city with water, through the farm appurtenant to the state prison at Mount Pleasant, in the county of Westchester. Aqueduct to be piissed thro' state Farm, § 2. Such excavation and construction shall not be per- formed so as to interfere with any of the marble quarries on said farm, or to endanger the safe keeping of any of the convicts in said prison; and it shall be the duty of the in- spectors of said prison to see that this provision is carried into effect: and any additional charge or expense which may be incurred to secure prisoners, shall be paid by the Corporation of the city of New York. Not to inter- rie^'o^afe- pri" 12 By Wm. L. Marcy, Governor of the State of New York. Governor's assent under preceding law. Whereas it is provided in and by virtue of an act enti- tled "An Act to permit the Water Commissioners of the city of New York to construct their aqueduct through the State Prison Farm at Mount Pleasant," that the said Com- missioners may, with the consent of the Governor and sub- ject to his control, make the necessary excavations and construct the aqueduct for supplying the city of New York with water, through the aforesaid farm: I do therefore give my consent that the same may be done by the said Commissioners, reserving the right of such control as is secured to him by the above recited act. Given under my hand and the privy seal of the State, (l.s.) this twenty-third day of September, in the year of our Lord one thousand eight hundred and thirty-six. (Signed) WM. L. MARCY. AN ACT To amend an act entitled " An Act to provide for supplying the City of New York with pure and wholesome Water," passed May 2,1834. (Passed May 25, 1836.) The People of the State of New York, represented in Senate and Assembly, do enact as follows: Lands in Westchester to be used only for aqueduct. § 1. The lands situated in the county of Westchester, which may be taken by the Corporation of the city and county of New York, by virtue of the act hereby amended, shall be held and appropriated by the said Corporation only for the use and purpose of introducing water into the city of New York and for purposes necessarily incident 13 thereto, and for no other uses or purposes whatever, any thing in the act hereby amended to the contrary thereof notwithstanding. § 2. In case said Corporation of the city of New York should use any of said lands situate in the county of West- chester, for purposes other than in the last preceding sec- tion permitted; or in case said lands should not be re- quired for the purpose of introducing water into the city of New York, such lands so improperly used or not so re- quired, shall become revested in the individual from whom the said Corporation obtained it, as fully and perfectly as though the act hereby amended had never been enacted, upon repaying to said Corporation the amount originally paid for the same, after deducting from such amount the damage sustained by such individual, by reason of any alteration or work which the said Corporation may have made upon said land. If otherwise used, or not required for a- queduct, to be- come revested. § 3. The Corporation of the city of New York shall, at the expense of the said Corporation, erect and sustain all fences which may be required to protect said works from injury. Corporation to erect fences § 4. The Corporation of the city of New York shall, at the expense of the said Corporation, erect and sustain con- venient passes across or under the aqueduct to be erected by virtue of the act hereby amended, whenever said aque- duct shall intersect the land in the said county of West- chester, belonging to an individual or individuals, for the farming and other purposes of the land thus intersected. and passes, § 5. So much and such parts of the act hereby amended, as is inconsistent with this act, is hereby repealed. 14 AN ACT To provide for such alterations in the line or route of the Croton turn- pike road or highway, in the county of Westchester, as may be ren- dered necessary by the plan adopted for supplying the City of New York with pure and wholesome Water, under and by virtue of the Act for that purpose, passed May 2,18M. (Passed May 5, 1837.) The People of the State of New York, represented in Senate and Assembly, do enact as follows : Commission- ers to make al- terations in the line of road. § 1. The Governor shall nominate, and with the consent of the Senate, shall appoint three competent and disinter- ested persons, who shall be freeholders and inhabitants of the county of Westchester, as Commissioners, who shall be authorized to order and direct such alterations in the present line or route of the Croton turnpike, or public road or highway, in the county of Westchester, which may be covered with water, or otherwise injured by reason of the construction of a dam in the Croton river, and which in their judgment may be rendered necessary for a reservoir for supplying the city of New York with pure and whole- some water, according to the act for that purpose, passed May 2, 1834. And the said Commissioners shall have power to lay out and designate, in lieu of such parts of any of the said turnpike, or public roads or highways, as may be discontinued by them by virtue of this act, such other land as may be necessary for the route or line of any such turnpike, public road or highway as altered by them. Turnpike, how to be laid out. § 2. It shall be the duty of such Commissioners to lay out and designate such turnpike, public road or highway, as may require to be changed from their present line or route, according to their best judgment, and in such man- 15 ner as shall best promote the objects intended and the interests of the public. They shall cause to be made an accurate map of their surveys of such turnpike or road, designating thereon the several points near or through which they may pass, and to file such map in the office of the Clerk of the county of Westchester. § 3. Each Commissioner, for each day he may be em- ployed in the performance of such duty, shall receive the sum of three dollars, to be paid, together with the expenses of surveys and maps, from the funds provided by the Com- mon Council of the city of New York for that purpose. Pay of Com- missioners. § 4. The Water Commissioners of the city of New York, are hereby authorized to agree with the owner or owners of any land or property which may be required for any such alterations, as to the amount of compensation to be paid to any such owner or owners, for any damage to be thereby sustained by him ; and in case of disagreement be- tween the said Water Commissioners and any such owner or owners, or in case of the infancy, coverture, insanity, or absence from this state of any such owner, the Vice- chancellor of the second circuit may, upon the application of either party, nominate and appoint three disinterested persons, who shall be freeholders and inhabitants of the county of Westchester, to examine the land required for the alteration of the route of any such turnpike or road, and to estimate the value thereof, and damage sustained thereby, and to report thereon to the said Court without delay. Power of N. York Water Commission- ers. § 5. Whenever such report shall have been confirmed by the said Vice-chancellor, the said Water Commission- ers shall, within two months thereafter, pay to the owner, or to such person or persons as the Court may direct, the sum mentioned in said report, in full compensation for the Payment to be made to the owners of land s. 16 property so required, and damage sustained; and there- upon the said Water Commissioners shall be discharged from all claim for the land thus required, or damage sus- tained. Road and bridges to be made: § 6. The said turnpike, public road or highway, laid out by the Commissioners appointed by virtue of this act, together with the bridges thereon, shall be built or con- structed by or under the authority of the Water Commis- sioners, and the cost and expense thereof shall be paid from the funds provided by the Common Council for supplying the city of New York with pure and wholesome water. when complet- ed, certificates to be given. § 7. The roads thus laid out, with the bridges thereon, shall be constructed of good materials, and in a substantial manner; and it shall be the duty of the Commissioners appointed by virtue of this act, upon the requisition of the Water Commissioners, or of the owner or owners of any road or bridge so constructed, to inspect the same, and if the said Commissioners, or any two of them, shall be satis- fied that the said bridge or road, as the case may be, is as well constructed as the old or former road or bridge, and equally substantial, they shall make two certificates of the fact, one for the Water Commissioners and one for the owner of the road or bridge so constructed, and one of the said certificates shall be recorded in the office of Register of the city and county of New York, and the other in the Clerk's office of the county of Westchester. Other dama- ges to be as. sessed. § 8. The said Commissioners appointed under and by virtue of this act, shall also estimate the damage, if any, sustained or to be sustained by the owner of any bridge or road, the route or location of which may have been changed as aforesaid, by reason of such change, and any consequent probable future increased charges and ex- pense of upholding the said road or bridge, the diminished 17 profits arising from the use thereof, or any other cause whatever; and the said Commissioners shall immediately thereafter make a report thereon to the Vice-chancellor of the second circuit. § 9. Whenever such report shall have been confirmed by the said Vice-chancellor, the said Water Commissioners shall, within two months thereafter, pay to the owner or owners of any such road or bridge, or to such person or persons as the Court may direct, the sum mentioned in the said report, in full satisfaction of such damages: and upon such payment being so made, and the two certificates mentioned in the seventh section of this act being filed as therein prescribed, or either of the said certificates being filed in the office of the Register of the city and county of New York, and in the Clerk's office of the county of West- chester, the Mayor, Aidermen and Commonalty of the city of New York, and the said Water Commissioners, shall be released from all further charge or expenditure on account of any such road or bridge, and all further damage for the change in the route or location of the same. Owner to be paid. § 10. Nothing herein contained shall be construed to authorize the alteration of any other turnpike, public road or highway, than such as are mentioned in the first sec- tion of this act. Saving clause. § 11. The said Water Commissioners shall, semi-annu- ally, or at any time, if required by the Common Council, report to the Corporation of the city of New York, a gene- ral exhibition of the state of the work, including a full detail of the amount expended, and of the progress made by them in the furtherance of the contemplated object. Water Com- missioners to report. § 12. This Act shall take effect on the passage thereof. 18 AN ACT To amend an act entitled " An Act to provide for supplying the City of New York with pure and wholesome Water," passed May 2,1834. (Passed March 29, 1838.) The People of the State of New York, represented in Senate and Assembly, do enact as follows: Stock to the amount of $3,000,000 may be created § 1. It shall be lawful for the Mayor, Aidermen and Commonalty of the city of New York, to raise by loan, from time to time, and in such amounts as they shall see fit, a further sum not exceeding three millions of dollars, by the creation of a public fund or stock, to be called "The Water Stock of the city of New York," which shall bear an interest not exceeding six per centum per annum, and shall be redeemable at such periods as the said Mayor, Aidermen and Commonalty, upon issuing the same, shall from time to time direct, not to exceed twenty years. Amount and value of each share. § 2. It shall be lawful for the said Mayor, Aidermen and Commonalty, to determine what shall be the nominal amount or value of each share of said stock, and of what number of shares the same shall consist; and they are hereby authorized to sell and dispose of such shares at pub- lic auction, or at private sale, or by subscription, for such stock, and on such terms as they shall think proper. Moneys,how to be applied. § 3. The moneys to be raised by virtue of this act, shall be applied and expended to and for the purpose of supply- ing the city of New York with pure and wholesome water, according to the provisions of the act entitled "An Act to provide for supplying the city of New York with pure and wholesome water," passed May 2d, 1834. 19 § 4. All the provisions of the laws heretofore passed on this subject, pledging the faith of the city of New York, and providing a sinking fund for the redemption of the stock issued by virtue thereof, are hereby made applicable to the stock issued in pursuance of this act. Pledge to re- deem stock. Extract of an act entitled " An Act to enable the Mayor, Aidermen and Commonalty of the City of New York, to raise money by tax, and for other purposes." (Passed March 24, 1838.) § 3. It shall be lawful for the Mayor, Aidermen and Commonalty of the city of New York, to defray out of the public fund called " The Water Stock of the city of New York," all expenses heretofore incurred and hereinafter to be incurred by the said Mayor, Aidermen and Common- alty, in procuring and laying water pipes in and for the said city of New York. AN ACT Prescribing the manner in which the Croton Aqueduct shall pass the Harlem River. (Passed May 3, 1839.) The People of the State of New York, represented in Senate and Assembly, do enact as follows : § 1. The Water Commissioners shall construct an aque- duct over the Harlem river, with arches and piers; the arches in the channel of said river shall be at least eighty feet span, and not less than one hundred feet from the usual high water mark of the river to the under side of the arches at the crown: or they may carry the water across said river by a tunnel under the channel of the river, the top of which tunnel shall not be above the present bed of the said channel. Aqueduct, how to be con, structed. 20 AN ACT To amend an act entitled " An Act to provide for supplying the City of New York with pure and wholesome Water," passed May 2,1834. (Passed April 27, 1840.) The People of the State of New York, represented in Senate and Assembly, do enact as follows: Stock of $3,000,000. § 1. It shall be lawful for the Mayor, Aidermen and Commonalty of the city of New York, to raise by loan, from time to time, and in such amounts as they may think fit, a further sum not exceeding three millions of dollars, by the creation of a public fund or stock, to be called "The Water Stock of the city of New York," which shall bear such interest, not exceeding six per cent., and shall be re- deemable at such periods, not exceeding thirty years, as the said Mayor, Aidermen and Commonalty, upon issuing the same, may from time to time direct. May issue cer- tificates and allow transfers of stock. § 2. It shall be lawful for the said Mayor, Aidermen and Commonalty, to direct the issuing of certificates, and allowing transfers of the Water Stock of the city of New York, authorized by this or any former act, in such nomi- nal amounts and in such manner and form as they may judge most expedient for the interest of the city ; and they are hereby authorized to sell and dispose of such shares at public auction, or at private sale, or by subscription, for such price and on such terms as they may think proper. How money shall be appli- ed. § 3. The moneys to be raised by virtue of this act, shall be applied and expended to and for the purpose of sup- plying the city of New York with pure and wholesome water, according to the provisions of the act hereby amended. 21 § 4. All the provisions of the laws heretofore passed on the subject of the Croton Water Works, pledging the faith of the city of New York, providing a sinking fund for the redemption of the stock issued by virtue thereof, are here- by made applicable to the stock issued in pursuance of this act. Former laws to apply to this act. § 5. No part of the fund created by this act, or any other fund raised for the purpose of constructing or com- pleting the Croton aqueduct and the works connected there- with, and distributing the water throughout the city, shall be diverted from such object; and no item of expenditure hereafter to be made by the Corporation of the city of New York, and not approved by the Water Commissioners and Comptroller of said city, shall be charged by the Corpora- tion of the said city to the debit of the said fund; but this provision shall not apply to the refunding of advances heretofore made by the said Corporation, for or on account of the said aqueduct, or the water pipes connected there- with. Funds not to be diverted. AN ACT To regulate the place and manner of Assessing and Taxing the Croton Aqueduct. (Passed May 7, 1840.) The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. The lands in the county of Westchester, taken, held and occupied, or used for the Croton aqueduct, or any of the purposes thereof, shall be assessed and taxed in the said county in the manner prescribed by law, at the value 22 of the lands, exclusive of the aqueduct and the con- structions and works necessary for its purposes ; and the said aqueduct, with such aforesaid constructions or works, and the capital therein employed and belonging to the Corporation of the city of New York, shall be assessed and taxed only within the city and county of New York, and in the same manner as personal property of the said Corporation now is or may hereafter be assessed and taxed. AN ACT To amend an act entitled " An Act to provide for supplying the City of New York with pure and wholesome Water," passed May 2,1814. (Passed May 26, 1841, by a two-third vote.) The People of the State of New York, represented in Senate and Assembly, do enact as follows: The sum of $3,500,000 may be raised, to be called Water Stock. § 1. It shall be lawful for the Mayor, Aldermen and Commonalty of the city of New York, to raise by loan, from time to time, and in such amounts as they shall see fit, a further sum not exceeding three millions five hun- dred thousand dollars, by the creation of a public fund or stock, to be called " The Water Stock of the city of New York." which shall bear an interest not exceeding six per cent, per annum, and shall be redeemable at such periods as the said Mayor, Aidermen and Commonalty shall from time to time direct, not to exceed forty years. Certificates of water stock may be issued. § 2. It shall be lawful for the said Mayor, Aidermen and Commonalty, to direct the issuing of certificates of the Water Stock of the city of New York, authorized by this 23 act, in such nominal amounts, not less than one hundred dollars in each certificate, and in such manner and form as they may judge most expedient for the interest of the city; and they are hereby authorized to sell and dispose of such stock at public auction, or at private sale, or by subscription, for such price and on such terms as they may think proper. § 3. It shall be lawful for the said Mayor, Aldermen and Commonalty, from time to time, to issue the obliga- tions under this law in such sums as they shall deem pro- per, not less than two hundred and fifty dollars each ; and therein expressed to be transferable only on the books of the office of the Comptroller of said city, by the holder thereof in person or his attorney duly authorized in writing, for short periods, bearing an interest not exceed- ing seven per cent, per annum, and in anticipation of the proceeds to arise from the negotiation of the permanent stock authorized by this law. Bonds for short loans may be issued. § 4. The moneys to be raised by virtue of this act shall be applied and expended to and for the purpose of supply- ing the city with pure and wholesome water, according to the provisions of the act hereby amended; and no part of the funds created by this act, or any other fund raised for the purpose of constructing or completing the Croton aque- duct, and the works connected therewith, and distributing the water through the city, shall be diverted from such object. Moneys, how to be applied. § 5. All the provisions of law heretofore passed on this subject, pledging the faith of the city of New York, and providing a sinking fund for the redemption of the stock issued by virtue thereof, are hereby made applicable to the stock issued in pursuance of this act. Provisions of former laws applicable. 24 Moneytobc raised by tax to pay interest, § 6. It shall be lawful for the Mayor, Recorder and Al- dermen of the city of New York, as the supervisors of the city and county of New York, of whom the Mayor or Re- corder shall be one, from time to time, and as often as they may deem it necessary, to order and cause to be raised by tax on the estates real and personal of the freeholders and inhabitants of, and situated within the said city, and to be collected, such amount of money as shall be requisite to defray the interest upon the Water Stock of the city of New York. How to be assessed and collected. § 7. The said money shall be assessed and collected in the same manner as now provided by law for the assess- ment and collection of taxes in the city of New York. Aqueduct to be completed according to plan. § 8. It shall be the duty of the Water Commissioners of the city of New York, to finish and complete the aqueduct for supplying the said city with water, down to and in- cluding the distributing reservoir at Murray's hill, accord- ing to the plan adopted by the said Commissioners, and ratified by the Common Council of the said city, with such immaterial alterations as may be necessary, and as may be agreed upon by the said Water Commissioners and the said Common Council. Plan of cross- ing Harlem river may be changed. § 9. The said Commissioners, by and with the consent of the said Common Council, shall have full power and authority to change the plan of crossing the Harlem river with arches and piers, and instead thereof to carry the water across the said river by means of inverted syphons of iron pipes, until otherwise directed by the Legislature, so as not unnecessarily to interrupt the navigation of the said river. And the said Commissioners are further au- thorized by and with the consent of the said Common Council, to alter the plan of constructing the reservoir at or near to Yorkville, and to complete so much of such 25 reservoir as shall be deemed sufficient for the present pur- poses of such aqueduct. § 10. It shall be the duty of the Mayor, Aidermen and Commonalty of the city of New York, to execute all the work necessary for supplying the said city with water, and for distributing the same for the use of the inhabitants thereof, below the said distributing reservoir at Murray's hill; and the said Mayor, Aidermen and Commonalty shall assume the execution and performance of the following contracts, made by the said Water Commissioners for work and materials to be supplied for the construction of the said aqueduct, below the said reservoir at Murray's hill; that is to say, their contract with Henry V. B. Barker, dated twentieth of October, one thousand eight hundred and forty, for work to be done on the Fifth Avenue, between Fortieth and Twenty-first streets ; their contract with John B. Chollar and Ebenezer Jones, made the twenty-third of October, one thousand eight hundred and forty, for iron pipe; their contract with S. V. Merrick and John Town, for seven hundred tons of thirty-inch iron pipe; and also their contract with T. H. Wintersteen and David I. Myers, for five hundred tons of iron pipe; all which said contracts are deposited in the office of the Comptroller of the city of New York. All the work necessary to supply city with water to be executed, and certain contracts to be assumed. 26 AN ACT For the preservation of the Croton Water Works in the City of New York. (Passed April 11, 1842, by a two-third vote.) The People of the State of New York, represented in Senate and Assembly, do enact as follows: By-laws and ordinances may be made by Mayor, Ai- dermen, &c. § 1. The Mayor, Aidermen and Commonalty of the city of New York, are hereby authorized to pass such by- laws and ordinances, as to them shall seem meet, for the preservation and protection of all or any of the works connected with the supplying of the city of New York with pure and wholesome water, under and by virtue of the act to provide for supplying the city of New York with pure and wholesome water, passed May 2,1834, and the acts amending the same, provided that such by-laws and ordinances are not inconsistent with any laws of this state, or with the constitution thereof, subject at any time to be repealed or modified by the Legislature ; and also to organize a department with full powers for the manage- ment of such works and the distribution of the said water. § 2. This act shall take effect immediately. ORDINANCES AND RESOLUTIONS OF THE CORPORATION. From the Bound Volumes entitled " Proceedings of the Common Council." (Vol. 1, page 129.) RESOLUTION. Resolved, That the Common Council approve of the accompanying draft of a law to be sent to the Legislature, and that this Corporation, on the passage of this law, will undertake to supply the city with pure and wholesome water. Approving draft of a law. AN ACT Authorizing the Mayor, Aidermen and Commonalty of the City of New York, to procure a supply of pure and wholesome Water for the use of the said City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. The Mayor, Aidermen and Commonalty of the city of New York, are hereby authorized to procure and in- troduce into the said city a supply of water for the ex- tinguishment of fires, and for the domestic and other pur- poses of the inhabitants of the said city. Authority to procure and in- troduce water into the city. § 2. The said Mayor, Aidermen and Commonalty are , . , t , hereby authorized to appoint three discreet persons, to be called " Water Commissioners," who shall receive such compensation for their services as the said Mayor, Aider- men and Commonalty shall deem proper, and shall hold Corporation toappointWa- ter Commis. sloners' 28 their offices during the pleasure of the said Corporation. It shall be their duty to recommend to the Common Coun- cil, the source whence the water shall be obtained, the description of works for the introduction thereof, to make the contracts, and generally to superintend, under the direction of the Common Council, the executing of the whole plan for the introduction of water into the city of New York. Duty of Wa- ter Commis- sioners. Land and water to be used. § 3. The said Mayor, Aidermen and Commonalty, and all persons acting under their authority, are hereby em- powered to enter upon and take possession of any land, to use any water, to make any survey, and to erect any works whatsoever, which they may deem necessary for the said purpose, and to agree with the owner or owners of any property which may be required for the said purposes, or affected by any operation connected therewith, as to the amount of compensation to be paid therefor, to such owner or owners; and they shall have the like powers for the purposes of this Act, which by any former Act of the Legislature of this state have been granted to any person or persons, or body corporate, for the purpose of supply- ing the city of New York, or the inhabitants thereof, with water. damage^6 °f $ cases disagreement between the said Mayor, Aldermen and Commonalty, and the owner or owners of any property which may be required for the said purposes, or affected by any operation connected therewith, as to the amount of compensation to be paid therefor, to such owner or owners, or in case any such owner shall be an infant, a married woman, or insane, or absent from this state, the Judges of the Supreme Court, or either of them, (not being an inhabitant of the said city,) may, upon the application of either party, nominate and appoint three indifferent persons to examine such property and to esti- 29 mate the value thereof, or damage sustained thereby, and to report thereon to the said Court without delay. § 5. Whenever such report shall have been confirmed । by the said Supreme Court, the said Mayor, Aidermen and Commonalty shall, within four months thereafter, pay to the said owner, or to such person or persons as the said Court may direct, the sum mentioned in such report, in full compensation for the property so required, or for the damage sustained thereby, as the case may be ; and there- upon the said Mayor, Aidermen and Commonalty shall become seized in fee, of such property so required, and shall be discharged from all claim by reason of any such damage, and they shall hold the lands and other property so taken, exempt from the operation of any statute of this state, authorizing any other incorporation or company to take, by process or otherwise, real estate, water or water privileges, for any purpose. And the said Mayor, Aider- men and Commonalty, shall have the right to the use of the ground under any street, highway and road in this state, (on condition of their restoring the surface thereof to its original state, and repairing all damages,) which may be necessary to use in the introducing of water into the city of New York. Amount to be paid. Ground under streets, &.c. § 6. If any person or persons shall wilfully do, or cause to be done, any act whereby the present reservoir in 13th street, the hydrants, stop-cocks, or any work, materials, property, matter or thing whatsoever, erected or used, or hereafter to be erected or used by the said Mayor, Aider- men and Commonalty, or by any person or persons acting under their authority, for the purpose of supplying water, shall in any manner be injured, such person or persons shall be considered guilty of a misdemeanor, and liable to be imprisoned, not exceeding six months, and fined, not exceeding $500, by any Court having jurisdiction thereof within this state. Penalty, 30 The sum of $2,000,000 may be raised, to be called Water Stock. § 7. The said Mayor, Aidermen and Commonalty are hereby authorized, for the purposes of this act, to raise money by loan, from to time to time, and in such sums as they may by ordinances in Common Council direct, not exceeding two millions of dollars in the whole, and to create a public fund or stock, for the money to be raised, which stock shall be denominated the " New York Water Stock," and shall bear an interest not exceeding five per cent, per annum, payable quarter yearly or half yearly. 8 wCi2°f June $ 8' Prov^s^ons act entitled " An Act to regu- late the Finances of the City of New York," passed June 8th, 1812, which are not repugnant to any provision in this act contained, shall apply to the said stock. Money,how to be applied. § 9. The money to be raised by virtue of this act shall , be applied by the Mayor, Aidermen and Commonalty, to the purpose of supplying the said city of New York with water, for the use of the inhabitants thereof, and the said Mayor, Aidermen and Commonalty shall have a right to dispose of the said water, at such rates and in such man- ner as they shall, from time to time, deem expedient. Approved by the Mayor, February 1, 1832. Note.-This Act did not become a law. RESOLUTION. (Vol. 1, page 285.) Appropria- tion of $1000. Resolved, That the sum of 81000 be appropriated toward an examination, upon this island and elsewhere, for the means of bringing an ample supply of pure water into the city of New York, under the direction of the Joint Committee on Fire and Water. Approved by the Mayor, October 26, 1832. 31 (Vol. 1, p. 292.) RESOLUTION. Resolved, That the Committee on Fire and Water be directed to cause to be reprinted, for the use of the Com- mon Council, the Reports made by Dr. Joseph Brown, in 1798, and by William Weston, in 1799, and such other documents in relation to the introduction of pure and wholesome water into this city as have since been pub- lished. Certain Re- ports and doc- uments to be reprinted. Approved by the Mayor, November 2, 1832. (Vol. 2, page 10.) A LAW Providing for the expenses of the Water Commissioners. Whereas,the Common Council presented apetition to the Legislature of the state, on the 28th January, 1833, praying for an act authorizing the Governor and Senate to appoint Commissioners to make examinations relative to the supply of this city with water. And whereas, on the 26th of February following, an act was passed for the aforesaid purpose, the Sth section of which act declares, that "all reasonable expenses to be in- curred under the act shall be paid by the Mayor, Aider- men and Commonalty of the city of New York." And whereas, the late Common Council omitted to make any appropriation for the purpose of carrying into effect the aforesaid act, and provision appearing proper and neces- sary, therefore, 32 Be it ordained by the Mayor, Aidermen and Commonalty of the City of New York,in Common Council convened: Appropria- tion of $5000. 1st. That five thousand dollars be, and the same is hereby appropriated, to be paid from any money in the City Treasury, to carry into effect an act of the Legisla- ture of this state, entitled, 11 An Act for the appointment of Commissioners in relation to supplying the city of New York with pure and wholesome water," passed the 26th February, 1833. Comptroller to open an ac- count. 2d. The Comptroller shall open an account in his books, under the head of 11 Water Commissioners," to which ac- count the said appropriation shall be credited. Commission- ers may draw order on Comptroller. 3d. The Water Commissioners may draw their order upon the Comptroller, from time to time, for such sums not exceeding the amount hereby appropriated, as they may require, for defraying the expenses incurred in exe- cuting the duties of their offices, and the Comptroller shall issue his warrant on the Treasurer accordingly. Commission- ers shall ren- der vouchers for expenses. 4th. The amount thus drawn shall be debited to the said Commissioners, who shall, on the final settlement of their accounts, render to the Comptroller such reasonable vouchers for the expenses they may incur, as the nature of the case may admit. If the sum appropriated be insufficient, Comptroller to notify Com- mon Council. 5th. If the sum hereby appropriated shall prove insuffi- cient to pay the expenses incurred by the Commissioners, the Comptroller shall notify the Common Council of the fact, and, at the same time, state the additional amount, as near as may be, that will be required for the aforesaid pur- poses. Approved by the Mayor, June 5, 1833. 33 (Vol. 2, page 117.) RESOLUTION. Resolved, That the Common Council accept the pro- posal of the Manhattan Company to enter into a negotia- ■ tion with them for the purchase of all the rights, immuni- ' ties, and privileges of every kind and description, em-] braced in the charter of said Company, and in the several acts of the Legislature in relation thereto, or held by them in any other manner for the purpose of supplying the city of New York with pure and wholesome water; and all such property and lands of the said Manhattan Company, and all such steam engines, pipes, and other hydraulic works made and erected by said Company, for the purpose of supplying the city of New York with pure and whole- some water, as may be deemed necessary and expedient; and that the value of all such lands, property, steam en- gines, pipes, and hydraulic works, and the Value of all the said immunities, rights and privileges of supplying the city of New York with pure and wholesome water, shall be de- termined by arbitrators, to be chosen by the Common Coun- cil of the city of New York on the one side, and the Man- hattan Company on the other; and that any agreement made under this resolution shall be submitted to the Com- mon Council for confirmation, and shall not be binding on either party until so confirmed. And that the Com- mittee appointed to make such negotiation obtain a sche- dule of all the property, lands, steam engines, and pipes intended to be purchased, and shall ascertain the condition thereof, and the capacity of the same to answer the pur- pose for which they may be purchased, and report the same to the Common Council as soon as the same can conve- niently be done. Acceptance of proposals of Manhattan Company, in relation to pipes, &c. * Approved by the Mayor, February 6, 1834. 34 (Vol. 2, page 118.) RESOLUTION. Application for $2,500,000 of stock. Resolved, That an application be made to the Legis- , r ' . , „ , . lature of the state for the passage of an act authorizing the Common Council of the city of New York to raise $2,500,000, for the purpose of supplying the said city with pure and wholesome water, by the creation of a stock to be called "Water Stock of the city of New York," bearing a rate of interest not exceeding five per cent., and to be redeemable at a period of time not less than ten years, or more than fifty years from the passage of said act; and that the Common Council be authorized to sell and dispose of said stock in shares of such denomination and value, as they may deem proper, either at public or private sale, at the par value thereof, or at a premium above the par value thereof, or to raise the said sum by subscription to said stock, in the usual manner of subscribing for stock to bank and insurance companies, as to them shall seem discreet; and further, that the Counsel of the Common Council be requested to prepare an act in conformity with this resolu- tion, and forward the same to the Legislature with all con- venient speed. Approved by the Mayor, February 6, 1834. (Vol. 2, page 156.) RESOLUTION. Committee to negotiate with Manhattan Company. Resolved, That a Committee of three be appointed from each board, to carry into effect the resolution of the Common Council, authorizing a negotiation with the Man- hattan Company, to purchase the rights and privileges to bring water into the city, and the works constructed for 35 that purpose, which was approved by the Mayor on the 6th February last. The Committee of the Board of Aidermen, were Aider- men Palmer, Ferris and Banks.-The Committee of the Board of Assistant Aidermen, were Messrs. Ferris, Jaco- bus and Wales. Names of Committee. Approved by the Mayor, April 3, 1834. (Vol. 2, page 208.) A LAW Making further provision for the expenses of the Water Commis- sioners. The Mayor, Aidermen and Commonalty of the City of New Nork, in Common Council convened, do ordain as follows : § 1. That the sum of five thousand dollars be, and the same is hereby appropriated to be paid from any money in the City Treasury, to carry into effect, an act to provide for supplying the city of New York with pure and whole- some water, passed by the Legislature, May 2, 1834, for the purpose of paying engineers, surveyors, and other per- sons employed by the Commissioners, to enable them fur- ther to perform their duties under said act; and to make a further report to the Common Council, and which report shall specify as near as may be the probable supply of water, which can be obtained within the county; also, for paying the necessary expenses of the said Water Commis- sioners, in the performance of their duties under said act. Appropriation of $5000. § 2. The Comptroller shall credit the Water Commis- sioners with the amount of the above appropriation. Comptroller to credit Water Comrnis'ers. 36 Water Com- missioners may draw or- der on Comp- troller. § 3. The Water Commissioners may draw their order upon the Comptroller from time to time, for such sums, not exceeding the amount hereby appropriated, as they may require, for defraying the expenses incurred under the first section of this ordinance, and the Comptroller shall issue his warrant accordingly. Commission- ers shall ren- der vouchers for expenses. § 4. The amount thus drawn, shall be debited to the said Commissioners, who shall, on the final settlement of their accounts, render to the Comptroller, such reasonable vouchers for the expenses they have incurred, as the na- ture of the case will admit. If the sum appropriated be insufficient, Comptroller to notify Com- mon Council. § 5. If the sum hereby appropriated, shall prove insuffi- cient to pay the expenses incurred by the Commissioners, they shall inform the Comptroller thereof, and he shall no- tify the Common Council of the fact, and give as near as may be, a statement of the additional amount which will be required for the aforesaid purposes. Approved by the Mayor, July 23, 1834. (Vol. 2, page 355.) RESOLUTIONS Attached to the Report of the Committee on Fire and Water, on Report of Water Commissioners. (See Document No. 46, Board of Aider- men.) Approval of plan adopted by Water Commission- ers. Resolved, That the plan adopted by the Water Com- missioners for the city of New York, for supplying the city of New York with a sufficient quantity of pure and wholesome water for the use of its inhabitants, and de- scribed in their report, made to the Board of Aidermen, the 16th day of February last, be, and the same is hereby approved. 37 Resolved, That a poll be, and hereby is appointed to be opened on the days upon which the next annual elec- tion for charter officers for this city, is by law appointed to be held, to the end that the electors may express their assent or refusal to allow the Common Council to proceed in raising the money necessary to construct the work as aforesaid, by depositing their ballots in a box to be pro- vided for that purpose, in their respective wards, accord- ing to the provisions of the act, " To provide for supply- ing the city of New York with pure and wholesome water," passed May 2, 1834. Poll to bf opened. Approved by the Mayor, March 11, 1835. (Vol. 2, page 401.) A LAW To instruct the Water Commissioners to proceed in the work of sup- plying the City of New York with Water, and to create a Public Fund or Stock, to be called "The Water Stock of the City of New York," for the expenses of said work. The Mayor, Aldermen and Commonalty of the City of Nero York, in Common Council convened, do ordain as follows : § 1. The Water Commissioners of the city of New York are hereby instructed to proceed with the work of supplying the city of New York with a sufficient quantity of pure and wholesome water, for the use of its inhabi- tants, according to the plan adopted by them, in pursuance of the act of the Legislature, entitled "An Act to provide for supplying the city of New York with pure and whole- some water," passed May 2, 1834. Instructions toWater Com- missioners. 38 Water stock of $2,500,000. § 2. A public stock or fund, to be called " The Water r . Stock of the city of New York," shall be created, for a loan of two millions five hundred thousand dollars, which shall bear an interest of not exceeding five per cent, per annum, payable quarterly, and shall be redeemable on or after the first day of January, which will be in the year one thousand eight hundred and sixty. Shares. § 3. The nominal amount or value of each share of the said stock, shall be one hundred dollars, and the same shall consist of twenty-five thousand shares. Terms ofloan. § 4. The said loan shall be receivable in the following proportions, and at the following periods respectively : that is to say, one million of dollars thereof shall be taken up previous to the tenth day of September, one thousand eight hundred and thirty-five, in sums of two hundred and fifty thousand dollars, payable on the tenth days of June, July, August and September next respectively; and the remaining one million five hundred thousand dollars there- of, in sums of five hundred thousand dollars, payable half yearly, after the first day of January, one thousand eight hundred and thirty-six. Comptroller to advertise for proposals. § 5. The Comptroller is hereby authorized and directed to advertise for proposals, to be received at any time pre- vious to the twenty-fifth day of May instant, and not to be opened until that day, for the loan of one million of dollars, (a part of the said loan of two millions five hundred thou- sand dollars,) payable in monthly instalments of twenty- five per centum, on the tenth days of June, July, August and September next respectively; and such proposals may be made for any portion of the said one million of dollars, not less than the par value of one share, of the said stock. 39 § 6. The said Comptroller shall determine, on or after the twenty-fifth day of May instant, which and what pro- portion of the said proposals shall be accepted; and shall issue certificates for the number of shares necessary to make up the said sum of one million of dollars, to that or those person or persons, or companies whose proposals shall have been accepted; and such certificates shall be nearly as may be in the same form as the certificates issued for 11 The New York City Stock," by virtue of the act entitled, 11 An Act to regulate the finances of the city of New York," passed June 8, 1812. To accept. Issue certifi- cates. Form. § 7. The said Comptroller shall receive, from time to time, as the same becomes payable as aforesaid, the said instalments of the said loan of one million of dollars, and shall keep a separate and distinct account of the same and of all sums paid on account thereof. Comptroller to receive the money. § 8. The said moneys so to be received, shall be paid by the said Comptroller to, or on the order of, the said Water Commissioners, for the expense of the said work of supplying the city of New York with pure and wholesome water, according to the plan adopted by them for that pur- pose as aforesaid. To pay to Water Com- missioners. § 9. The provisions of the ordinance entitled, " A Law providing for the redemption of the City Stock," so far as the same can be applied to the 11 Water Stock of the city of New York," shall be applicable to the same ; and all revenue to be received for water, to be procured by the said work and furnished to the inhabitants of the city of New York, shall be specially appropriated as a Sinking Fund towards the redemption of the said Water Stock. Sinking Fund. Approved by the Mayor, May 7, 1835. 40 (Vol. 2, page 407.) A LAW Amending the law to instruct the Water Commissioners to proceed in the work of supplying the City of New York with water, and to create a public fund or stock, to he called " The Water Stock of the City of New York," for the expenses of the said work. Salaries of Water Com- missioners. § 10. The Chairman of the Water Commissioners shall receive for his services an annual salary of fifteen hundred dollars, and each of the other four Commissioners an an- nual salary of one thousand dollars, to be paid as part of the contingent expenses of the said work. Approved by the Mayor, May 15, 1835. (Vol. 3, page 24.) RESOLUTION. Office of Wa- ter Commis- sioners. Resolved, That the Water Commissioners have the use for an office of the room in the old Alms House, di- rectly over the office of the Commissioners of the Alms House, they having consented to the same, and that the last mentioned Commissioners have the use of one of the petit jury rooms in said building. Approved by the Mayor, July 3, 1835. (Vol. 3, page 113.) Communica- tion from Ste- phen Allen, on appointing Commission- ers for Croton turnpike. On the communication from Stephen Allen, Esq., Chair- man in behalf of the Water Commissioners, praying that the Common Council will apply to the Legislature for a Law authorizing the appointment of three Commissioners by the Governor and Senate, with authority to lay out and direct such alterations in the present line of the Cro- 41 ton Turnpike to lay out such part of the highway in lieu of such parts of the said road, as will be overflowed or changed by the construction of the Croton Reservoir and Aqueduct, and to authorize the Water Commissioners to purchase lands from the owners required for such altera- tions, &c., &c. Referred to the Law Committee and the Counsel of the Board with powers. Approved by the Mayor, December 5, 1835. (Vol. 3, page 118.) RESOLUTION. Resolved, That the Street Commissioner be directed to have one map drawn after the plan adopted by the Water Commissioners. MapofWa- sioners."1™8' Approved by the Mayor, December 11, 1835. (Vol. 4, page 31.) RESOLUTIONS. Resolved, That a line of water pipes be laid in Bar- clay street, from the intersection at Chapel street, down Barclay to Greenwich street, through Greenwich to Cedar street, up Cedar street to Broadway, agreeable to the size as adopted by the Water Commissioners, and that the Pur- veyor be instructed to advertise for estimates for furnish- ing pipes and fixtures for the same. Water pipes to be laid in sundry streets. Resolved, That the Comptroller be directed to pay for the same out of the appropriation for water pipes, &c., on the requisition of the Water Purveyor. Comptroller the eX" Approved by the Mayor, July 28, 1836. 42 (Vol. 4, page 42.) RESOLUTION. Whereas, it has been stated to the Finance Committee by the Comptroller, that certain moneys will be wanted in anticipation of the tax of 1836, occasioned by the awards for opening certain streets, about to become payable; Therefore, Comptroller to call in por- tions of Wa- ter Stock. Resolved, That the Comptroller, with the approba- tion of the Mayor and Chairman of the Committees on Fi- nance, or any two of them, be authorized to call in such portions of the proceeds of the Water Stock, loaned out at interest, not exceeding $200,000, in such sums and at such times, as the same shall be needed, to meet such demands on the City Treasury, and that the same be credited by him to the "City Aqueduct account," and interest allowed thereon, at the same rate at which it is now loaned. Approved by the Mayor, August 3, 1836. (Vol. 5, page 73.) RESOLUTIONS. Ground for a reservoir. Resolved, That the ground belonging to the Corpora- tion, between the 6th and 7th avenues, and 79th and 86th streets, be, and the same is hereby appropriated for a reservoir. The same. Resolved, That the ground between the 5th and 6th avenues, and 40th and 42d streets, be, and the same is hereby appropriated for a reservoir. 43 Resolved, That the Water Commissioners may use the same for the erection of the public works thereon, when necessary. Ground for public works. Approved by the Mayor, September 20, 1837. RESOLUTION. Resolved, That so much of the Report of the Water Commissioners as relates to providing additional money by loan for the prosecution of the work, be referred to the Finance Committee. Providing money by loan. That so much as relates to the building a bridge or car- rying the water over Harlem river, in syphons, be referred to the Committee on Roads and Canals. Bridge and syphons. Adopted by the Board of Aidermen, February 5, 1838. (Vol 5, page 145.) RESOLUTION. Resolved, That the Counsel of the Board prepare a memorial to the Legislature of the State of New York, praying for the passage of a law authorizing all moneys heretofore expended, and hereafter to be expended for water pipes, and for laying the same, to be charged to, and defrayed out of the Fund or Stock called the " Water Stock of the city of New York." Moneys for water pipes to be defrayed out of water stock. Approved by the Mayor, February 9, 1S38. 44 (Vol. 5, page 168.) In addition to the law " To instruct the Water Commissioners to pro- ceed in the work of supplying the City of New York with Water, and to create a Public Fund or Stock, to be called 'The Water Stock of the City of New York,' for the expenses of said work." Approved May 7,1835. A LAW The Mayor, Aidermen and Commonalty of the City of New York, in Common Council convened, do ordain as follows: Comptroller to sell residue of loan. § 1. That the Comptroller be authorized, under the di- rection and with the consent of the Finance Committees of both Boards, to meet the requisitions of the Water Com- missioners, to sell or dispose of the " Water Loan Stock," remaining unsold, upon such terms and in such manner as they shall deem expedient. Approved by the Mayor, March 27, 1838. (Vol. 5, page 203.) In addition to the law "To instruct the Water Commissioners to pro- ceed in the work of supplying the City of New York with Water, and to create a Public Fund or Stock, to be called ' The Water Stock of the City of New York,' for the expenses of said work." A LAW The Mayor, Aidermen and Com/monalty of the City of New York, in Common Council convened, do ordain as follows: Loan of $3,000,000 authorized. § 1. An additional stock or fund, to be called " The Water Stock of the city of New York," shall be created for a loan of three millions of dollars, which shall bear an 45 interest of not exceeding five per cent, per annum, payable quarterly, and shall be redeemable on or after the first day of May, which will be in the year one thousand eight hundred and fifty-eight. § 2. The nominal value of each share of said stock shall be one hundred dollars, and the same shall consist of thirty thousand shares. Shares. § 3. That the Comptroller be authorized, under the di- rection and with the consent of the Finance Committees of both Boards, to meet the requisitions on the Treasury, for supplying the city with pure and wholesome water, to sell and dispose of five hundred thousand dollars of the above stock, upon such terms and in such manner as they shall deem expedient. Comptroller to dispose of $500,000 of stock. § 4. The provisions of the ninth section of the law, to which this is an addition, is applicable in all respects to this law. linking Fund. Approved by the Mayor, May 3, 1838. RESOLUTION. Resolved, That it is inexpedient to adopt the plan proposed by the Water Commissioners, for crossing the Harlem river by means of a low bridge or syphon, and that the plan of the high bridge referred to in the Report of the Commissioners, should be adopted, as submitted to and approved by the electors of the city and county of New York. Inexpedient to cross Har- lem river by low bridge or syphon. Adopted by the Board of Assistants, July 9, 1838. 46 (Vol. 6, page 26.) A LAW In addition to the law "To instruct the Water Commissioners to pro- ceed in the work of supplying the City of New York with Water, and to create a Public Fund or Stock, to be called ' The Water Stock of the City of New York,' for the expenses of said work." Passed May 3,1838. The Mayor, Aidermen and Commonalty of the City of New York, in Common Council convened, do ordain as follows: That the following section be added to said law, viz: Comptroller to dispose of $500,000 of stock. § 5. That the Comptroller be authorized, under the di- rection and with the consent of the Finance Committees of both Boards, to meet the requisitions on the Treasury, for supplying the city of New York with pure and whole- some water, to sell and dispose of a further amount of five hundred thousand dollars of the above stock, redeem- able on or after the year one thousand eight hundred and fifty-eight, upon such terms and in such manner as they shall deem expedient. Approved by the Mayor, July 10, 1838. (Vol. 6, page 68.) RESOLUTION. Water pipes to be laid in sundry streets. Resolved, That the Water Purveyor, under the di- rection of the Joint Committee on Fire and Water, be au- thorized to lay a line of pipes through Cherry street, from Pearl to Walnut street; and through Walnut street, from Cherry to Grand street; in Division street, from the Bowery to Allen street; also, in Canal street, from Broad- way to Centre street; all of which to accord with the Water Commissioners' map. Approved by the Mayor, November 2, 1838. 47 (Vol. 6, page 71.) A LAYV In addition to the law "To instruct the Water Commissioners to pro- ceed in the work of supplying the City of New York with Water, and to create a Public Fund or Stock, to be called 'The Water Stock of the City of New York,' for the expenses of said work." Passed May 18^8. The Mayor, Aidermen and Commonalty of the City of New York, in Common Council convened, do ordain as follows: That the following section be added to said law, viz: § 6. That the Comptroller be authorized, under the di- rection and with the consent of the Finance Committees of both Boards, to meet the requisitions on the Treasury, for supplying the city of New York with pure and whole- some water, to sell and dispose of a further amount of two hundred and fifty thousand dollars of the above stock, redeemable on or after the year one thousand eight hun- dred and fifty-eight, upon such terms and in such manner as they shall deem expedient. Comptroller ^so^oo^of1 stock- Approved by the Mayor, November 2, 1838. RESOLUTION. Resolved, That the Water Commissioners be requested to communicate to this Board, as a constituent branch of the Common Council, a copy of their late semi-annual Report, to the end that this Board may take such action thereon as the nature thereof may require, and that the Clerk forthwith communicate a copy of this Resolution to the said Commissioners. Semi-annu- al report of Water Com- missioners. Adopted by the Board of Assistants, January 2, 1839. 48 RESOLUTION. Number and location of re- servoirs. Resolved, That the Water Commissioners be re- quested to report to this Board the number and location of the reservoirs proposed for this island, and the contem- plated or probable cost of each, and whether one or more of them may not with propriety be dispensed with for the present. Adopted by the Board of Assistants, January 21, 1839. (Vol. 6, page 127.) A LAW Ill addition to the law " To instruct the Water Commissioners to pro- ceed in the work of supplying the City of New York with Water, and to create a Public Fund or Stock, to be called ' The Water Stock of the City of New York,' for the expenses of said work." The Mayor, Aidermen and Commonalty of the City of New York, in Common Council convened, do ordain as folloivs: Comptroller to dispose of residue of stock of $1,750,000. § 7. That the Comptroller be authorized, under the di- rection and with the consent of the Finance Committees of both Boards, to meet the requisitions on the Treasury, for supplying the city of New York with pure and whole- some water, to sell and dispose of the balance of one mil- lion seven hundred and fifty thousand dollars of the stock, redeemable on or after the year one thousand eight hun- dred and fifty-eight, upon such terms and in such manner as they shall deem expedient. Approved by the Mayor, February 26, 1839. 49 RESOLUTION. Resolved, That the Water Commissioners be, and they are hereby requested to communicate to this Board a statement showing how much has been expended up to the present time in the construction of the Croton Aque- duct- how much in amount is now under contract, and what is the probable future expense of the said work. Water Com- missioners to make state- ment of ex- penses. Adopted by the Board of Assistants, April 15, 1839. (Vol. 6, page 149.) RESOLUTION. Resolved, That a line of water pipes be laid through Christopher street from Hudson street to Sixth avenue; also, through Clarkson street from Hudson to Varick street, through Varick to Hammersley, through Hammersley to intersect with pipes already laid in Houston street, also through Houston street from Hudson street to Greenwich lane, and through Greenwich lane to the Sixth avenue, and that the Water Purveyor be authorized, under the di- rection of the Joint Committee on Fire and Water to ad- vertise for estimates for the necessary pipes and fixtures, to lay the same agreeably to the Water Commissioners' map. Water pipes to be laid in sundry streets. Approved by the Mayor, April 17, 1839. 50 (See also Chap. 17, Title 2d, Sec. 2, page 143, of " By-Laws and Or- dinances of the City of New York,"-Revised A. D. 1838-1839.) (Vol. 7, page 13.) Extract of a Law of the Corporation, entitled " A Law providing for the Redemption of the City Stock." Water Stock pledged. § 2. All revenue to be received for water, to be pro- cured by the works for supplying the city of New York with pure and wholesome water, and furnished to the in- habitants of said city, is especially pledged and appro- priated as a Sinking Fund towards the redemption of "The Water Stock of the city of New York." Approved by the Mayor, June 19, 1839. (Vol. 7, page 113.) RESOLUTION. Croton Aque- duct in West- chester ex- I empted from taxation. Resolved, That the Counsel to the Corporation be in- structed to take the necessary measures to procure the pas- sage of an act of the Legislature, exempting the Croton Aqueduct in the county of Westchester, from taxation. Approved by the Mayor, February 5, 1840. (Vol. 7, page 156.) A LAW In addition to the law " To instruct the Water Commissioners to pro- ceed in the work of supplying the City of New York with Water, and to create a Public Fund or Stock, to be called ' The Water Stock of the City of New York,' for the expenses of said work." The Mayor, Aidermen and Commonalty of the City of New York, do ordain as follows : Loan of $3,000,000 authorized. § I. An additional fund, or stock, to be called "The Water Stock of the city of New York," shall be created 51 for a loan of three millions of dollars, which shall bear an interest of not exceeding six per cent, per annum, payable quarterly, and shall be redeemable on or after the first day of November, in the year of our Lord one thousand eight hundred and seventy. § 2. That no portion of said stock shall be issued for a less sum than one hundred dollars. . To be issued m sums of $iou. § 3. That to provide for the payment of the interest due, and to grow due upon the Water Stock, to meet the ex- penses of procuring and laying down water pipes, and to reimburse the City Treasury for all advances it has made, or shall hereafter make, for or on account of the con- struction, maintenance and preservation of the " Croton Works," the Comptroller be authorized, under the direction and with the consent of the Finance Committees of both Boards, to sell and dispose of the above stock upon such terms, and in such manner, as they shall deem proper and expedient. Comptroller to dispose of stock. § 4. The provisions of the ninth section of the law to which this is an addition, are applicable in all respects to this law. Sinking Fund. § 5. That at the next regular meeting of either Board of the Common Council, it shall be the duty of the Comp- troller to report to such Board the amount of stock sold, and the rate at which sold, and the rate of interest such stock bears, and when payable. Comptroller tO rep°rt' Approved by the Mayor, April 28, 1840. 52 (Vol. 8, page 4.) RESOLUTION. Appointment of Croton A- queduct Com- mittee. Resolved, That a Joint Special Committee of the members of each Board be appointed, to be named the Committee on the Croton Aqueduct, to whom shall be re- ferred all matters relating to such Aqueduct, excepting the sale and disposal of the Water Stock and such matters as ordinarily belong to the Finance Committee. Names of Committee. The Committee of the Board of Aidermen, were Aider- men Cooper, Chamberlain and Nichols.-The Committee of the Board of Assistant Alder men, were Messrs. Vander- voort, Leonard and Wood. Approved by the Mayor, May 21, 1840. BOARD OF ALDERMEN, JUNE 29, 1840. The following communication was received from his Honor the Mayor, returning the Resolution, and accompanying the following Report from the Committee of the Croton Aqueduct, together with his ob- jections thereto. SAM'L J. WILLIS, Clerk. Mayor's Office, New York, June 29, 1840. Gentlemen of the Board of Aldermen : I return the accompanying Resolution which originated in your Board, proposing to dispense with the erection of three bridges at Clendenning's Valley, and to fill up the same with solid masonry, for the purpose of reducing the expense of constructing the Aqueduct about thirty thou- sand dollars. 53 It does not appear from the Report of the Committee, or of the Resolution, at what streets the bridges are to be erected, but I am satisfied that it is not prudent in the con- struction of this Aqueduct, to adopt any course which is not warranted by law. My objections to the proposed measures, are: 1st. That the amount to be paid to the contractors for the alterations of their contracts in this respect, must be heavy, and is unknown, and such an alteration should not be adopted, unless upon a full statement of the amount to be paid for damages to the contractors, in consequence of the same. 2d. That the alteration proposed effectually closes the streets crossing the Avenue at those places; and if here- after it should be thought proper to open either of those streets, the obstructions in the Aqueduct must be removed, or an Act of the Legislature must be obtained, authorizing the closing of the same. Such a measure is of too uncer- tain a character to justify an alteration of the plan in the measure proposed, and thereby to risk even the possibility of being compelled, at some future period, to take down a portion of the Aqueduct, and interrupt for a time, the sup- ply of water to the city. 3d. The resolution contemplates obtaining the consent of the owners of the adjoining property to the proposed mea- sure, but it appears to me that all persons owning property on the streets, whether adjoining the Aqueduct or not, have an equal right to be consulted, and if any damages are to be paid, have an equal right of compensation with the con- tractors and adjoining owners; and if so, then a large amount must be paid to others, who are also injured upon the line of those streets, by having them closed ; and the result may be a loss instead of a gain to the city. It is, moreover, extremely doubtful whether a mere consent on the part of the present owners would be suffi- cient to prevent the opening of the streets at some future 54 period. These streets form a part of the plan of the city, as now established by law, and, in my opinion, nothing short of a law of the State could effectually alter that plan, so as absolutely to prevent the opening of the streets al- ready provided for. For these reasons I have thought proper to withhold my assent to this Resolution, and I have done so with less hesitation, because I know that if 1 am incorrect in my views, a majority of the Common Council can still pass the Resolution, after a reconsideration of the subject. ISAAC L. VARIAN. To the Honorable the Common Council of the City of New York. The Committee on the Croton Aqueduct beg leave re- spectfully to REPORT: That their attention has been called to consider the propriety of dispensing with three of the six bridges that were directed to be made for the passage of streets under the Aqueduct, through what is now known as Clenden- ning Valley. Contracts have already been made for the same, and three of the bridges are so far advanced, that their completion will be attended with but little greater expense than to fill their places with solid mason work ; the other three being but just commenced, are in such a state that it is ascertained that the difference between com- pleting them with arches instead of solid mason work, will be fifty-two thousand dollars. It is represented to your Committee, that contracts have been made for the building of these bridges, and that the awards of damages have been made in reference to the completion of the same, and that it is probable that a con- siderable sum will be required to compromise and settle 55 the claims of contractors and owners of the adjoining pro- perty, who may think that it will be to their interest to have arches made as frequently as the distance of every two hundred feet. Your Committee, after having given the subject their mature consideration, are of the opinion that solid mason work is much safer, and less likely to crack the lining of cement than open arches, where the action of heat and cold will constantly expand and contract them in a greater degree, and in such an unequal manner as to render it diffi- cult, in the opinion of your Committee, to prevent them from leaking. Your Committee therefore recommend that solid mason work be adopted in all cases where the same is conveniently practicable. Your Committee have taken into consideration that the distances from one Avenue to the other are from seven hundred to a thousand feet, and that when the bridges are dispensed with, the distance from one open street to the other will not exceed seven hundred and sixty feet. The 9th Avenue being in a line with the Aqueduct, at a distance of only one hundred and ten feet from the same, furnishes at all times a convenient passage from one open street to the other. Your Committee, deeply impressed with the great im- portance of economy in every department of the city government, finding that a saving of upwards of thirty thousand dollars can be made in the present outlay, and at the same time complete the work in a more substantial and durable manner than it can possibly be done by sus- pending it upon arches, deem it their duty not only to take into consideration the first outlay, but also that the interest on the same, at the rate the Corporation is now compelled to borrow money, will amount in the course of fifty years, to five hundred and fifty-two thousand six hundred and four dollars. 56 Your Committee would therefore offer the following Resolution: Resolved, That it is the opinion of this Common Coun- cil that the three bridges alluded to in this Report, at Clen- denning Valley, should be dispensed with, and their places filled with solid mason work, providing the same can be done with the consent and approbation of all the present contractors and owners of the adjoining property, and make a saving to the city as proposed by the Water Com- missioners, of not less than thirty thousand dollars. PETER COOPER, WM. CHAMBERLAIN, SAM'L NICHOLS, MOSES G. LEONARD, WM. L. WOOD. (Vol. 8, page 33.) AN ORDINANCE To Organize the Croton Aqueduct Department. The Mayor, Aldermen and Commonalty of the City of New York, in Common Council convened, do ordain as follows : TITLE I. Title. § 1- There shall be created and organized a department, to be called the Croton Aqueduct Department. Office, when opened. §2. The office of the Croton Aqueduct Department shall be opened every day in the week, except Sundays. TITLE II. Croton Aque- tee^to" consist ofsix members § 1. A Committee of the Common Council shall be, from time to time, appointed, to consist of three members of each Board, to be denominated the Croton Aqueduct Committee. 57 § 2. All bills for expenditures incurred in relation to the x said department, shall be carefully examined by the Cro- ton Aqueduct Committee, and, if approved, shall be signed by the respective Chairman thereof, and paid. All bills to be examined and paid by said Commit- tee. § 3. The Croton Aqueduct Committee are hereby vested with the powers necessary for making all contracts in re- lation to the said department, and for conducting the water- works, purchasing materials, and distributing the water; provided always, that the powers of the said Committee shall not be construed to interfere with those now vested in the Water Commissioners, and that the contracts of such Committee shall not exceed the amount of the moneys which may, from time to time, be appropriated for the several objects aforesaid; and the said Committee is hereby required to make reports monthly to the Common Council of their proceedings. Said Com- mittee vested with powers to make con- tracts, excepting those vested in the Water Commission- ers, and to re- port monthly. TITLE III. Of the Aqueduct Commissioner. § 1. There shall be appointed by the Common Coun- cil, a discreet and proper person to superintend and direct the Aqueduct Department, who shall be called the Croton Aqueduct Commissioner. Appointment of Croton A- queduct Com- missioner. § 2. The Croton Aqueduct Commissioner shall, before entering upon the duties of his office, take and subscribe an oath or affirmation, well and faithfully to perform the duties of his said office; and shall also give a bond with sufficient sureties, to be approved by the Finance Com- mittees of both Boards, in the penal sum of $5,000, con- ditioned for the faithful performance of the duties of his office. Shall give a bond in the sum of $5,000, 58 His salary. § 3. The said Commissioner shall receive for his ser- vices a yearly salary of one thousand dollars, in equal quarterly payments. Shall take charge of all contracts, &c. § 4. It shall be the duty of the said Commissioner to take charge of all contracts, books, accounts, vouchers, and other papers appertaining to the said department, and keep them in proper and correct order;-To file copies of all contracts immediately upon their execution in the Comptroller's office ; - To keep a complete record of every transaction appertaining to the water pipes, and the distribution of the water in the city, showing the cost of the pipes, from whence they were obtained, and the quantity on hand, together with a complete description, map and plan of all the different sizes of pipes now laid down and to be laid, with the exact dimensions of their offsets in each street, and the distance they are laid from the sidewalks, in order that the size of the pipes and their offsets, with their exact location, may be known thereby; File copies of contracts. Keep a re- cord of every transaction ap- pertaining to water pipes. To advertise for estimates for all public works. -To advertise, under the direction of the Croton Aque- duct Committee, for estimates for all public works con- nected with the department aforesaid, or, for the repairing or altering the same, previous to any contract being con- cluded therefor;-To make all contracts in relation to the said department, under the advice and direction of the said Croton Aqueduct Committee;-To examine all bills for expenditures incurred in relation to the said depart- ment, previous to submitting the same to the Croton Aque- duct Committee, and, if found to be correct, to sign the same;-And generally to perform all such duties as may at any time be required of him by the Croton Aqueduct Committee. Make all contracts. Examine all bills for expen- ditures. And perform other duties. Make a quar- terly report. § 5. It shall be the duty of the said Commissioner to make a quarterly report to the Common Council, showing in detail every expenditure made in the said department, 59 with the number of the different sizes of water pipes and their connections, on hand and under contract. TITLE IV. Of the Water Purveyor. § 1. The Water Purveyor shall be attached to the Cro- • i • ton Aqueduct Department, and shall be subject to the di- rections, regulations and requirements of the Croton Aque- duct Committee and the Croton Aqueduct Commissioner. Water Pur- veyor to be at- tached to Cro- ton Aqueduct Department. § 2. The seventeenth, eighteenth, nineteenth, and twen- tieth sections, in relation to the duties of the Water Pur- veyor, and of the Committee on Fire and Water, and all such ordinances and parts of ordinances as are incon- sistent with any of the provisions of this ordinance, are hereby repealed. Certain Or- dinances re- pealed. Approved by the Mayor, August 5, 1840. (Vol. 8, page 49.) AN ORDINANCE In addition to an Ordinance to instruct the Water Commissioners, &e., passed May 7,1835. The Mayor, Alder men and Commonalty of the City of New York, do ordain as follows: § 1. That the Comptroller shall charge to the Water Loan the following items of expenditures :-All the requi- sitions of the Water Commissioners for or on account of the construction of the Croton Water Works, north of and including the distributing reservoir. All the requi- sitions of the Croton Aqueduct Commissioner for or on Items of ex- penditure to be charged to 'Water Loan.' 60 account of the procuring and laying down water pipes in the city of New York, south of the said distributing re- servoir, when the same are ratified by the Croton Aque- duct Committee; and all the interest accruing on the Water Stock of the city of New York, until the further direction of the Common Council. No requisi- tion for expen- ses to exceed $5,000. § 2. The requisitions of the Water Commissioners for contingent expenses, shall not exceed $5,000 each ; but no such requisition shall be paid by the Comptroller until the former requisition shall be fully and particularly ac- counted for to that officer, nor until the vouchers and re- ceipts of the respective parties, to whom such moneys have been ultimately paid, shall have been presented to the Croton Aqueduct Committee, and have been approved by the said Committee. Conditions of payment. All contracts bybCornmon Council. § 3. No contract that may hereafter be entered into by the Water Commissioners, shall be binding upon the Common Council until ratified by the Common Council. Water Com- missioners not to make con- tracts in cer- tain cases. § 4. The powers of the Water Commissioners shall not extend to the making of any contracts for materials or la- bor, to be used or employed in the city of New York, or in procuring and laying down water pipes in said city, south of the distributing reservoir; and they are hereby in- structed not to enter into any contract for the procuring or laying down mains and water pipes in said city south of said line,-this duty having already been invested in the Croton Aqueduct Commissioner and Croton Aqueduct Committees of the Corporation. Approved by the Mayor, September 24, 1840. 61 (Vol. 9, AIS. volume, p. 11.) A LAW In addition to the law "To instruct the Water Commissioners to pro- ceed in the work of supplying the City of New York with Water, and to create a Public Fund or Stock, to he called ' The Water Stock of the City of New York,' for the expenses of the said work, and to complete the same." The Mayor, Aidermen and Commonalty of the City of New York, in Common Council convened, do ordain as follows: § 1. An additional stock or fund, to be called " The Water Stock of the city of New York," shall be created for a loan of three millions five hundred thousand dollars, which shall bear an interest of not exceeding six per cent, per annum, payable quarterly, and shall be redeemable at such periods, not exceeding forty years, as may be deter- mined by the Finance Committees. Loan of $3,000,000 authorized. § 2. The certificates of the said stock shall be issued in such amounts, not less than one hundred dollars in each certificate, and in such manner and form as may be de- cided upon by the Finance Committees, to be most expe- dient for the interest of the city. To be issued in sums of not less than $100. § 3. It shall be lawful for the Comptroller, by and with the consent of the Finance Committees of both Boards, to issue the temporary obligations of the city in such sums as they shall deem proper, not under two hundred and fifty dollars each, and therein expressed, to be transferable only in the books of the office of the Comptroller of said city, by the holder thereof in person, or his attorney duly authorized in writing, for short periods, bearing an interest Comptroller to issue obliga- tions of city to the amount of $2,000,000, 62 not exceeding seven per cent, per annum, and in antici- pation of the permanent stock authorized by this law, the amount of such temporary obligation, not to exceed two millions of dollars. Comptroller authorized to meet requisi- tions on Trea- sury. § 4. That the Comptroller be authorized, by and with the consent of the Finance Committees of both Boards, to meet the requisitions upon the Treasury for supplying the city of New York with pure and wholesome water, to sell from time to time, and in such sums as they may deem advisable, the stock or temporary obligations of the city authorized and created by this law, upon such terms and in such manner as they may deem most expedient, and that he report the amount of such sales, with the price obtained therefor, quarterly, to the Common Council. Moneys so raised, to be expended for supplying city with water. § 5. The moneys to be raised by virtue of this law, shall be applied and expended to and for the purpose of supplying the city with pure and wholesome water, ac- cording to the provisions of the law hereby amended, and no part of the funds created by this law, or any other fund raised for the purpose of constructing or completing the Croton Aqueduct and the works connected therewith, and distributing the water throughout the city, shall be diverted from such object. Sinking Fund. § 6. The provisions of the ninth section of the law, to which this is an addition, is applicable in all respects to this law. Comptroller to report to Board of Su- pervisors. § 7. It shall be the duty of the Comptroller to estimate and report to the Board of Supervisors of the city and county of New York, at their annual meeting, the amount necessary to be raised by tax, on the estates real and per- sonal, of the freeholders and inhabitants of, and situated within the said city, and to be collected, to defray the 63 deficiency of interest upon the Water Stock of the city of New York, such money to be assessed and collected in the same manner as now provided by law for the assessment and collection of taxes in the said city. Approved by the Mayor, June 25, 1841. (Vol. 9, MS. volume, p. 19.) RESOLUTION. Whereas, by an act of the Legislature of the State of New York, passed May 26, 1841, by and with the consent of the Mayor, Aidermen and Commonalty of the city of New York, it was enacted that the said Mayor, Aidermen and Commonalty should assume the execution and per- formance of the following contracts made by the Water Commissioners of the city of New York; that is to say, their contract with Henry V. B. Barker, dated twentieth of October, one thousand eight hundred and forty, for , work to be done on the Fifth Avenue, between Fortieth and Twenty-first streets; their contract with John B. Chol- lar and Ebenezer Jones, made the twenty-third of October, one thousand eight hundred and forty, for iron pipes ; their contract with J. V. Merrick and John Town, for seven hundred tons of thirty-inch iron pipes; and also their contract with T. H. Wintersteen and David I. Myers, for five hundred tons of iron pipes; and also their contract with the West Point Foundry Asssociation, for seventeen hundred tons of pipes, thirty-six inches diameter : all of which said contracts are deposited in the Comptroller's office in the city of New York. Now, therefore, in com- pliance with the Act aforesaid, be it Certain con- tracts to be assumed. Resolved, That on the execution by the several con- tractors above named, of an agreement, to be endorsed on 64 the respective contracts aforesaid, and approved by the Counsel of the Corporation, whereby the said contractors shall substitute the Corporation of the city of New York, instead of the said Water Commissioners therein named, and covenant that all the advantages of the said contracts, with the right to sue thereupon, shall inure to the benefit of the said Corporation, an agreement, to be approved as aforesaid, shall be made and signed by the Croton Aque- duct Commissioner, for and in behalf of the said Corpora- tion, whereby the said Corporation shall assume all the covenants and agreements in the said contracts above specified, made by the said Water Commissioners. Approved by the Mayor, July 1, 1841. (Vol. 9, MS. volume, p. 123.) AN ORDINANCE To raise Money by Loan. The Mayor, Aldermen and Commonalty of the City of New York, in Common Council convened, do ordain as follows: To raise money for in- troducing wa- ter into the city. That it shall be lawful to raise such further sums of money as may be necessary to effect the introduction of the Croton water into this city in the manner provided by section 3d, of the Ordinance relating to the Water Stock of the city of New York, passed June 25, 1841. The stock certificates to be issued therefor, to be made redeem- able at such periods, not exceeding fifteen years, as the Finance Committee may direct. Approved by the Mayor, January 25, 1842. 65 (Vol 9, MS. volume, p. 190.) RESOLUTION. Resolved, That the Counsel of the Corporation be, and he is hereby instructed to prepare a memorial and law to be presented to the Legislature, for the organization of a Department for the care and custody of the Croton Aqueduct and the works connected therewith, and for the distribution of the water, and providing for the discontinu- ance of the office of Water Commissioners, and the trans- fer of their remaining powers and duties to the head of the said Department; and that the Counsel prepare such me- morial and law under the direction of the Croton Aque- duct Committee of both Boards, and present the same to the Common Council for their approval. Memorial and law to ba presented to Legislature. Transfer of powers of Wa- ter Commis- sioners. Approved by the Mayor, March 31, 1842. (Vol. 9, MS. volume, p. 197.) RESOLUTION. Resolved, That the Aqueduct Commissioner be per- mitted to lay a line of water pipes from Broadway to a point in front of the City Hall, suitable for a Fountain, and to construct a Basin therefor; the same to be done under the direction of the Croton Aqueduct Committee and the Committee on Lands and Places, at a sum not exceeding one thousand dollars. Fountain and Basin in front of City Hall. Approved by the Mayor, May 10, 1842. WATER COMMISSIONERS. (Appointed by the Governor, with the consent of the Senate.) 1834. Stephen Allen, B. M. Brown,* Saul Alley, Wm. W. Fox, Chas. Dusenberry, Thos. T. Woodruff,f 1840. Samuel Stevens, Z. Ring, John D. Ward, B. Birdsall, Samuel R. Childs.J * Resigned in 1837. f Appointed to fill vacancy occasioned by resignation of B. M. Brown. { Now absent in Europe. CROTON AQEDUCT COMMITTEE. 1840-1841. Aldermen, Peter Cooper, Wm. Chamberlain, Samuel Nichols. Assistant Aidermen, David Vandervoort, Moses G. Leonard, William L. Wood. 1841-1842. Moses G. Leonard, Richard S. Williams, Frederick R. Lee. Henry Brevoort, Daniel Ward, William Adams. Henry E. Davies, Edward D. West, Charles W. Smith. 1842-1843. George F. Nesbitt, William Dodge, Daniel Ward. CROTON AQUEDUCT COMMISSIONER. 1840. Hiram A. Norris. 1842. UzZIAH WeNMAN. WATER PURVEYOR, 1840. Crandel Rich. Attached to the Croton Aqueduct Department. 1842. William Freeborn. CONTENTS. ACTS OF THE LEGISLATURE. Page An Act-For the appointment of Water Commission- ers, in relation to supplying the city of New York, with pure and wholesome water. (Passed Feb. 26, 1833,) - - 3 An Act-To provide for supplying the city of New York with pure and wholesome water. (Passed May 2, 1834,) - - - 5 An Act-To construct the Croton Aqueduct through the State Prison Farm at Sing Sing. (Passed May 11, 1836,) - - - 11 An Act-To amend the Act passed May 2, 1834. (Passed May 25, 1836,) - - - 12 An Act-To provide for alterations in the line or route of the Croton turnpike road, in the county of Westchester. (Passed May 5, 1837,) ------ 14 An Act-To amend the Act passed May 2, 1834. (Passed March 29, 1838,) - - - 18 An Act-Extract of, to enable the Corporation of the city of New York to raise money by tax. (Passed March 24, 1838,) - - 19 An Act-Prescribing the manner in which the Cro- ton Aqueduct shall pass Harlem river. (Passed May 3, 1839,) - - - 19 An Act-To amend the Act passed May 2, 1834, re- stricting the application of funds, &c. (Passed April 27, 1840,) - - - 20 An Act-To regulate the place and manner of assess- ing and taxing the Croton Aqueduct. (Passed May 71840,) - - - 21 70 Page An Act-To amend the Act passed May 2, 1834, giving part of the work to Corporation. (Passed May 26, 1841,) - - - 22 An Act-For the preservation of the Croton Water Works, in the city of New York. (Passed April 11, 1842,) ----- 26 RESOLUTIONS OF THE COMMON COUNCIL. Resolution-approving draft of Law, (Feb. 1,1832,) 27 Resolution-appropriating $1000 toward an exam- ination, 30 Resolution-directing certain reports and documents to be reprinted, - - - - 31 Resolution-in relation to purchasing pipes and other property of the Manhattan Company, 33 Resolution-for the appointment of a Committee to negotiate with said Company, - - 34 Resolution-for permission of the Legislature to raise $2,500,000, ----- 34 Resolution-approving of plan adopted by Water Commissioners, - - - .36 Resolution-requiring electors of the city of New York to express their assent or re- fusal to allow the Common Council to raise money, - - - - 37 Resolution-designating the room for the office of the Water Commissioners, - - 40 Resolution-concerning a Map drawn after the plan adopted by the Water Commissioners, 41 Resolution-in relation to laying pipes in certain streets, - - - - 41, 46,49 Resolution-authorizing Comptroller to call in por- tions of the Water Stock, - - 42 Resolution-appropriating certain grounds for reser- voirs, and works connected there- with, ----- 42, 43 71 Page Resolution-in relation to providing money by loan, 43 Resolution-in relation to building a bridge or carry- ing the water over Harlem river in syphons, ----- 43 Resolution-in relation to moneys for water pipes, to be charged to and defrayed out of Water Stock, - - - - 43 Resolution-relating to the inexpediency of crossing Harlem river by low bridge or syphon, 45 Resolution-relating to semi-annual report of Water Commissioners, - - - -47 Resolution-requesting the Water Commissioners to report the number and location of re- servoirs, - - - - - 48 Resolution-calling for information connected with the construction of Croton Aqueduct, 49 Resolution-contemplating the exemption from taxa- tion the Croton Aqueduct in the coun- ty of Westchester, - - - - 50 Resolution-providing for the appointment of the Croton Aqueduct Committee, - - 52 Resolution-for the assumption by the Corporation of the execution and performance of cer- tain contracts, - - - - 63 Resolution-in relation to the discontinuance of the office of Water Commissioners, and transferring their powers to the head of the Croton Aqueduct Department, 65 Resolution-in relation to a Fountain and Basin in front of the City Hall, - - - 65 LAWS AND ORDINANCES OF THE CORPORATION. A Law-providing for the expenses of the Water Commissioners, 31 A Law-making further provision for the expenses of the Water Commissioners, - - 35 72 Page A Law-to instruct the Water Commissioners to pro- ceed in their work, - - - - 37 A Law-specifying the salaries of each of the Water Commissioners, - - - - - 40 A Law-in addition to the law "to instruct the Water Commissioners to proceed in their work," 44 A Law-the same, ------ 44 A Law-the same, ------ 46 A Law-the same, ------ 47 A Law-the same, ------ 48 A Law-the same, - 50 A Law-the same, ------ 61 A Law-extract of, entitled "A Law providing for the redemption of the City Stock," - - 50 An Ordinance-to organize the Croton Aqueduct Department, - - - - 56 An Ordinance-in addition to an Ordinance to in- struct the Water Commissioners,&c.,59 An Ordinance-to raise money by loan, - - 64 C0MUNICATI0N8 AND REPORTS. Communication-from Stephen Allen, Esq., on ap- pointing Commissioners for Cro- ton turnpike, - - - - 40 Communication-from the Mayor, stating his ob- jections to a Resolution of the Common Council, - - - 52 Report-of Croton Aqueduct Committee, on crossing Clendenning's Valley, - - - - 54 Water Commissioners-names of, - - - - 67 Croton Aqueduct Committee, Croton Aqueduct Com- missioner, and Water Purveyor-names of, 68