The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-05-04
Common Council.

Common Council.
Board OF ASSISTANT ALDERMEN.
This Board met at I've o'clock yesterday afternoon
Present, the President. In the chair and quorum Of
members in their places.
| PETITIONS.
Petitions were presented from sundry persons for a
sewer In Ecach street for Gre hydrant in Chambers
street; for sewer IN Thirty eighth street from a
point 100 feet west of Fifth avenue through sixth
avenue to Thrty-severth street. These reports
referred to apr opriate committees.
hIPoRTs COMMITTEES, CONCENTRATIONS Prom
pErARIMEsTs
The Finance Committee reported In favor Of
ring will the Board OF Alder in approprsting the
moneys lately paid by the United states government,
on account OF expenditure made by the city for the
let regiment Of New York State Volunteers the
ntt of the surviving members Of that corps the
wieovs and orphans of those who lost from the
corps In Mexico The amount is 81 0l5 60 This Board
concurs
Committee on Streets reported in favor of filling
street and Pifh and sixth avenues +; also between
Thirtysxth and Thrty-sev, nth streets, and Sixth
and Seventh avenues. Adopted
Committee On Roads reported in favor Of extending
the time Of the contractor tor regulating blooming
dale road, and to MacsdamiEing the same. On con-
| The Commissioner II the Aims House sent COM
munics,ion, requesting that measures may be taken
for changing the Of Po,ters Field and that
committee be appointed to confer with the Commits
sisners on the subject Msssrs Crane, Ward and
Mccarthy, we're appointed such committee
PEsoLrTiors.
resolution was adopted, calling on the Commits
sion OF Repairs and Supplies TO report what will be
the Guy Han throughout.
Resolution, That The sidewalk the west eide Of
Water street from James to Roosevelt street, be
paired under the direction Of the Street Commissioner
Adopted
under the direction Of the Com missioner Of Lamps and
Gas. Adopted
: Resolved. That the president Of the Crotou Aque-
duct Department report to this board whether any
contract for other Corporation work where
or executed by him since the adoption Of the ori-
nsnees organizing the departments 81 the municipal
government. before said contract ana the estimates
relative th.reto, lad been laid before th- Common
Council; and u any ouch have been signed or
executed. that he report the and uuu,ber
thereof and the authority by Which the
done Adopted
Resolved That the Commissioner 81 streets aud
Lamps he requested report this board his OPT
lights on the rrs alsng the different wharvee. piers
piers and clips may he ighied Adopted.
bocrm' mt No was taken up. IL was Q communi-
cation iron the Counsel 81 tn. Corporation
tirE tba report Of Samuel joiner Esq. (atc yudxe),
re RE in the suit Of James " Smith. the Mayor
and Ccmmtn Council Of the city 81 New York This
seiion brought To compel the execution Of a
contract tor regulating and paving Twentysecond
street between 9TH and Ith or to tho
damages sustained by plaintiff occasion Of the
fua to execute the zane. Judge Jones reported that
the parties In the suit app AIRED before him
the 15th OF January, 1850. aud at other times aud
made their rspsctive allegations aud proofs
The plaintiff council STATED the same to be
ion to compel III. execution by the defendants by the
street Com missioner of contract made by the said
STREET Com missioner for them With the plaintiff tor
regulating aud paving Tvehtysecond street. bet~.cn
tn. SIKH and Seventh avenues, in tn. city Of New
York for damages for the refusal to execute the
ssne.
1he plaintiff to maintain his action, produced and
r,ad ia evid. ordinance of the Common COun-
ell If the city q New YORK suthcrra aud directing
the work, which raid ordnance was passed by the
Boaid Of AldcTm, the lhth day Of January lsi9.
contufrtd Ia ly the Board 81 Assistant Aldermen on
tn, 18th aud the slsi day OF that month approved
by the mayor aud " hereto annexed marked A The
couns,l alec read In evid Advertisement
tce dated tie "a of July 1899. addressed PAYERS
and informing and stating that ra proposals would
b. r.c,iyco II The street Commissioners Office unin
Monday July 10th lS4e. at o'clock. y. NJ. regu-
late aLd pave Twenty second street between the sixth
ard seventh avenues, "ndLs . space four FEET Wide
III. ccuns'l slso rad In evidence en- estimate for
res usiitI and paving twenty second rect brt~een
Sisth ana Seventh avenues. aud Gaggns space four
feet wide through the sid.-~slss dated July 1cth,
1919. The ,ad e0unsel fhen called Michael O. Hart,
Who being duly testified that he contract
clerk In the Office O. The Street Commissioners;
that the plaintiff prcssntsd e.tllaate or
proposal 10 do the work In the notice
utn.d d. that press ntel within the time required
by the notice. valid aud regular In it, reccp
Won ths 1t S'hese vac pres h' sh.n 'nc estiha,ss
for doing the ~oIk wtre opened. that was his duty
prepare contracts for work to ts done In that de-
paftn,ut and prepared one in tn usual manner for
this work. that u drawn In favor Of the plaintiff,
sad according to bis proposal IL not executed b.
the street Con missioner directed ht IL should
not te executed that the plaintiff appeared aud Of
frd to execute the contract. but stiffness refused to
allow him On cross Examination. he stsud that
tlies or four estimates prvs.ned that the street
Commissioner ruled that al th. other estimates except
the rinintn = ~tre Informal; that the Informal esti
ustVs scrc lower than Oh. giaiutid ..
The d,fendant says Judge Jones. adduccd no tesu-
er part but ths NJ counsel insisted That the
rIntn was rot cu'itlsd the contract he claimed;
aud that they were bound 10 enter into any
tru th him for the purpose Aforesaid unless they
d,ns that tht public interest would b promoted
ti,f.ty ard therefore cont. uJe that they not
q, tnswsrto him for any cOurse They might decn adj
yiiate 10 Iurtue in tho PR miscs The a feufsutssr
gu,d that the estimate aud proposal for the contract
rpsenttd ~ smith. not w conformity with the
!, eur nittir 81 the ordinance; nasmuch the
ut Which accompanied his estimate not qccom-
pend with tbs oath IN writing " the persons signing
IL, sane that each q them was worth double the
round the arsourt Fl the security Tor the per-
i,Tmauce uf the contract
Jud,v Jtr.s r. ported that eft.r hearing council
tcl ids he the ccuclusiop the rst point
that he rrcpcsal aud urtice Of
Stret Ctmfnif sicn,r dd specify any
or fer tie ont ~ security required
Ga riven tor The performance II the contract u
nct ,Acticable to accompany the ~ the oath
g. writing ~ The persons sigBug the same, that each
az them worth double the amount Of the security
r,quisd fr Vi, completion cf the aud stated
in the Tforc,His for eetimste- snd he p.antiu
u, rioit alrt,td ard xcmpt,c from tie obligation
rsssfsiy a srsi IiiaLc. With that requirement
Of ~, and the In writing % the persons
sssnfrg tho which did in fact accompany the
SD convent. Substantial compliance. and suf-
eeit siaie the Iisln,s estimate reception by
The street t,mniF,ioner r,puar aud IN conformity
with NJ qur. mtnt ~ the ~ panee w thst respect
1h. vhcis p,sitr was motion, lard ON the tabic,
30 lie d.sias neI,sns.