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Brought forward...... $8,000 00 Of this sum the committee have drawn from the trea

sury $7,538.05, but have expended the sums mentioned above of....

$7,299 46 Leaving in their hands unexpended, ..

238 59 And in the treasury undrawn,....

461 95

$8,000 00 Still there remains applicable to the completion of the work but $700.54, while the following additional payments and expenditures will be required to finish the fence and gates, and put the grounds in a condition suited to the use designed to be made of them. To be paid on the contract for completing the fence,. $1,119 46 On the contract for the gates,

2,139 50 For 170 feet coping,.

$170 00 Laying the same,

60 00 Freight and cartage of same,..

30 00 Raising columns, &c. of main gate,

50 00 do do 2 small gates, ....

15 00 4 small gates,....

5 00 Dowell plates,

15 00 Lead,

20 00 Lime,

5 00 Laying drain across the park,

50 00 Levelling grounds, walks, gravelling, &c. &c. 300 00 Trees inside and out, and shrubbery,... 225 00

945 00

$4,203 96

The following sums remain to be paid on outstand-
ing bills, as follows, to wit:
On Hallenbake's act. for clay, team-work, &c., 883 00
Balance on his contract,

23 72
Edward Reynolds' account for teaming, cart-
ing, coping, &c.,

109 12 J. Lyman's account,

11 85 Account of the Mohawk and Hudson RailRoad Company,

21 00

248 69

84,452 65

Deduct from this, the sum remaining of the former ap

propriation,

700 54

And it leaves

$3,752 11

According to the estimates now presented, there will be required an appropriation of $3,752.11, to complete the Capitol park.Copies of the contracts for the fence and gates, and an estimate of the expense of the work are annexed to this report, and marked A, B, C.

The posts for the fence are cast, and together with the wrought iron rails and bannisters for the other parts of the fence have been delivered to the Trustees of the Capitol, and are all on the ground, in the temporary buildings erected in the park. The fence would have been put up by the contractor before the close of the season, if the Trustees could have procured the coping acording to the terms of the contract on their part.

The pillars of the main gate are completed and the marble for all the pillars of the other gates is on the ground, and ready for putting up.

It will be seen by the preceding statement, that the sum of $1,069 77 only, was paid to the Agent of the Sing-Sing prison for all the stone furnished by him for the park. This was the sum estimated for the subsis:ence merely of the men employed in quarrying and cutting the stone. The stone furnished for the Capitol park, and for which the foregoing sum was paid, would have amounted to $1,816.56 at the price paid by the corporation of Albany for the marble of the City-Hall.

SILAS WRIGHT, JR.,
A. C. FLAGG,
GREENE C. BRONSON,

Committee. January 7, 1833.

The Trustees approve of the proceedings of the committee, and respectfully recommend the necessary appropriation for completing the works.

W. L. MARCY,
JOHN TRACY,
JOHN A. DIX,
A. C. FLAGG,

GREENE C. BRONSON.
Feb. 13, 1833.

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DOCUMENTS.

( A. )

Copy of Contract for Park Fence. Articles of agreement, made and concluded this thirty-first day of July, in the year one thousand eight hundred and thirty-two, between Bailey G. Hathaway of the one part, and Greene C. Bronson, Attorney-General, Azariah C. Flagg, Secretary of State, and Silas Wright junior, Comptroller, a committee appointed by the Trustees of the Capitol of the other part, witnesseth: That the said party of the first part, for the considerations herein after mentioned, agrees to furnish the iron, lead and other materials for, and to make and put up an iron fence, around the Capitol Park, in all respects similar to the fence now erecting by him around the City Park, except that there is to be a bottom rail between three and four inches from the coping, made fast to the posts and in all other respects made and fitted as the top rail upon the City Park fence is made and fitted, and that the top rail is to be sunk from one to three inches, according to the direction of the said parties of the second part, below the elevation of the top rail of the City Park fence; the said fence to be made and put up by the said party of the first part from the coping, with the exception of the gates, and of such stone columns as the said parties of the second part shall choose to erect; the posts and bannisters to be inserted into the coping and firmly leaded, and the rails made firm and secure to the posts, and each bannister made firm by leading or otherwise at its passage through each rail, and each rail to be kept level and supported by a rivet through it and the bannister at its centre, and the whole to be done in a good workmanlike manner, and to be completed by the fifteenth day of November next, unless the party of the first part shall be delayed by the said parties of the second part, or by sickness or other unavoidable misfortune, and in any event to be completed by the fifteenth day of December next, unless the delay shall be chargeable to the said parties of the second part; and the price of the whole to be three dollars and fifty-three cents per foot run, deducting from the measurement the gates and pillars, and measuring the fence actually erected only.

The parties of the second part, in consideration of the foregoing, agree that the said party of the first part shall be paid, out of the appropriation made by the Legislature for this object, by the act of the 14th April last, chapter 138 of the laws of 1832, the said sum of three dollars and fifty-three cents per foot run for the fence as the same shall measure when completed, and the payment to be completed when the fence is accepted. And the said parties (Assem. No. 150.]

2

of the second part further agree that when the said party of the first part shall have purchased and received a delivery of the iron for the wrought part of the fence, and shall present to them the bills thereof duly receipted, and shall give them good and satisfactory sureties that the iron so purchased is the iron fitted for the construction of the said fence, and designed for that object, and that the same shall be put into the fence hereby contracted to be built, or shall be forthcoming at the call of the said parties of the second part, they will advance to the said party of the first part, in part payment upon this contract, the amount of the purchase bills of the said iron, so presented and duly receipted. They will further make from time to time such further advances upon this contract as shall be fully warranted, in their judgment, by the progress of the work, but this at all times to be judged of by them.

It witness whereof, we have hereunto interchangeably subscribed our names, the day and year first above written.

BAILEY G, HATHAWAY.
SILAS WRIGHT, Jr.
A. C. FLAGG,

Committee of the

Trustees. Witness, Isaiah L. WEAVER,

GREENEAGO BRONSON,

In consideration that the Trustees of the Capitol advance this day, to Bailey G. Hathaway, upon the foregoing contract the sum of eleven hundred and six and tio dollars, for the purpose of paying the two bills herewith delivered, of iron for the fence contracted to be built, the one bill being to I. & J. Townsend, for $125.80, and the other to Pruyn, Wilson & Vosburgh, for $980.28. We do hereby contract, agree and obligate ourselves, that the said iron shall be put into the said fence, or that in case of the sickness, death or other accident or misfortune of the said Hathaway should prevent his completion of the fence, that the said iron shall be forthcoming upon the request of the said Trustees, or either of them, to be used for the said fence. Dated Albany, 14th August, 1832.

PRUYN, WILSON & VOSBURGH.

In consideration of the further advance upon the foregoing contract of six hundred sixty-two or dollars, to pay another bill of iron bought of Pruyn, Wilson & Vosburgh, we hereby enter into the same obligation as last above written, as to the iron this last paid for. Dated Albany, 3d September, 1832.

PRUYN, WILSON & VOSBURGH.

Copy of entries made on the contract in the hands of the contractor as follows, to wit:

The foregoing contract having fixed the 15th December, 1832, as the time for completing the same, and the delay to complete it by that time having been occasioned by the failure of the Trustees to procure the coping stone, we hereby certify that fact, that it may appear that no forfeiture has been incurrred by the contractor, in

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