consequence of the delay hitherto to complete the same. Dated at Albany, 5th January, 1833. SILAS WRIGHT,. Jr. A. C. FLAGG, GREENE C. BRONSON, Committee of the And I agree, on my part, that the contract is still obligatory upon me, to be performed in future. BAILEY G. HATHAWAY. (B.) Copy of Contract for Park Gates. Articles of agreement, made the 4th of September, 1832, between Bailey G. Hathaway of the one part, and the Trustees of the Capitol by Azariah C. Flagg, Secretary of State, Silas Wright jun. Comptroller, and Greene C. Bronson, Attorney-General, a committee of the said Trustees, appointed for that purpose, of the other part. The said party of the first part, for the consideration hereinafter mentioned, agrees with the said Trustees to furnish the iron, and all other materials, and to make, construct and put up, all the iron gates designed for the fence now erecting around the Capitol Park, in the city of Albany, pursuant to a contract entered into between said Hathaway and said committee on the 31st day of July last; and to have the said gates completed and hung with the least possible delay. The principal gate, and the two side gates connected therewith, in front of State-street, to be constructed upon the plan prepared for that purpose by Henry Rector, and accompanying this contract; except that the plan in question contemplates four stone pillars, the two side or smaller of which said pillars are to be omitted; and the two remaining stone pillars, and sill pieces, are to be furnished and set up by the said Trustees. The six pedestals to which the said principal and side gates are to be hung and fastened, and against which they are to shut, are to be made with a hollow cast-iron base, and suitable cast-iron rods, cap and ball, with all suitable wrought-iron work, to complete the same in the best and most substantial manner; and all the other iron work about the said gates to be made of wroughtiron. The smaller gates, six in number, to be located according to the plan adopted by the said Trustees, and to be constructed, as well as the pedestals to which the same are fastened, and against which they shut, of wrought-iron, except the balls, which are to be of cast-iron. All the bars, rods and other iron work used in constructing the said principal, side and other gates, to be of suitable sizes, dimensions and proportions, in reference to the size of the said gates, the fence of which they are to form a part, and the strength, beauty and permanency of the said work. The said gates and other works are to have all suitable and proper hinges, springs, fastenings and other things thereunto pertaining, according to the best and most approved plans and devices for executing works of this description. And the whole work, in all its parts, to be made, constructed and completed for use in the best and most substantial manner. And the said party of the first part agrees with the said Trustees to warrant the strength and durability of the said gates and other works, except as to the operation of frost and other casuses, which may affect the foundation upon which the same are to be erected. The parties of the second part agree to pay said Hathaway for the aforesaid works, out of the appropriation made by the Legislature for this object, by Chapter 138 of the laws of 1832, at and after the rate of ten cents per pound for all the wrought and castiron and lead there may be used in the said works when completed. The payment to be made when the said works shall have been completed and accepted by the said Trustees, if the said appropriation should be sufficient to defray this and the other charges upon the same; and in case of any deficiency, the said Trustees will make the proper representations on the subject to the Legislature, to the end that further provision may be made by law. BAILEY G. HATHAWAY. GREENE C. BRONSON, Att'y-Gen. Committee of Trustees. (C.) Estimate of the cost of Park Fence and Gate. Albany, January 25th, 1833. An estimate or calculation of the expense to erect the iron fence round the State Park at Albany, according to the plan drawn by Henry Rector, architect for the same, as follows: 1. 1,158 feet of fence, at $3.53 per foot, .... $4,087 74 2. 6 large iron pedestals in front, which will weigh 11,300lbs. at 10 cts. per lb..... 1,130 00 3. 1 large double gate in front, 825lbs. at 10cts... 4. 2 small side gates do 780lbs. 82 50 do 78 00 5. Filling in side between gates, 640lbs. do 64 00 500 00 1,650lbs. do 165 00 8. 1,200lbs. lead, 120 00 $6,227 24 The cutting of the holes in the stone is included in the above calculation. B. G. HATHAWAY. IN ASSEMBLY, February 15, 1833. REPORT Of the select committee composed of the delegation from the city of New-York. Mr. Varian, from the select committee, consisting of the delegation attending this House from the city of New-York, REPORTED: That they have duly considered and examined the subject matter referred to them, which is an application from the corporation of the said city, to obtain an amendment of the existing law on the subject of closing roads, lanes, &c. The corporation now have, by the act proposed to be amended, the power of closing roads whenever the public will not be incommoded thereby, and paying to individuals their respective damages, of vesting the fee of the said roads or lanes so closed, in the said corporation. This power is not exercised by the corporation except in cases, when, in opening of new streets and avenues under the present plan, and also requested by the owners of property where streets and avenues are extended through, the road or lane being useless and the public good require the closing of said old road or lane, and the individuals fronting on the old road or lane are presented with better fronts, and better ingress and egress on the newly opened street or avenue. But it would appear that occasionally there are individual cases when an owner of a lot is so situated, that by closing the old road or lane he is left without any front or egress from his property to a public thoroughfare. In such a case the corporation have the power of estimating and paying him his damages, but have not the power of vesting the fee of such lot in the corporation, it being no part [Assem. No. 151.] 1 of the old road. Without this amendment, the individual would have the right to the compensation and the title of the lot remaining in him. This the committee think would not comport with the principles of equal justice, and are therefore willing that the fee should pass to the corporation, on paying a full value therefor. The committee for that purpose ask leave to introduce a bill. IN ASSEMBLY, February 15, 1833. REPORT Of the Committee on Claims, on the petition of Charles M. Pine. Mr. Russell, from the committee on claims, to which was refer red the petition of Charles M. Pine, praying the passage of a law directing the Treasurer to repay to him the sum of one hundred dollars, paid into the treasury for a pedler's license, REPORTED: It is alleged by the petitioner that in April last he obtained from the Secretary of State, a license to travel as a pedler with two horses, and paid therefor the sum of one hundred dollars, pursuant to the provisions of title 4, chapter 17, of part 1, of the Revised Statutes, (1 vol. p. 575); that immediately after the license was obtained, he was taken sick and continued so the residue of the spring and most if not all the ensuing summer, so that he was unable to travel or use the said license; that in the month of May, in consequence of his sickness, and for no other cause, he returned said license to the office of the Secretary, where it now remains; that he was unable to and never did avail himself of the said license, or the benefits contemplated thereby, but returned the same to be cancelled, without having derived the least benefit therefrom. The Secretary states that the license was obtained on the 14th day of April, 1832, for which the sum of one hundred dollars was paid, and that on the 18th day of May last the same was returned to the office in a letter from Mr. B. F. Thompson, with a request that it be cancelled; from that time to the present the license has remained in said office. |