New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-07-07
THE CTTY,S ZEAL ESTATE
Rneroachmeut, upo. The B.,,.,, ,,---

y
lhe iou '~lg synpsis ct the Report frOn C,u,ro.
Flag on the en"roa'hn~nts upon the Battery
FINANCE DEPARTMENT Ss syS o.,rs
! To tie Common COsnell: :" '"S
The ordinance q sit providing for the rsaem MIA. ~
the City debt ard which declared unSl,srsbs vhoa, an
act 81 the legislature until the debt paid consas ~
| following section of tile 4
SretI9s / T. ,hs y n. ss,y q the Controller sAu-
al the real estate belonging 70 thu Cooperation and
Frequent Complaints have been made Of sncro.chu..ss
on the real estate Of the Corporation and IN on. Goa
where Remembrance unsvang the Controller IA, re-
qu,sied the Counsel to thu Cooperation TO commences sx
proceedings. In shere wrongs have besa done
10 the property Of the City the Of redress ara en-
bsrrSssed By the set Of the public agents.
In ompance with the s7th section Of the ordinances a
siseqarhc the Controller to report 20 the Common Coun
ell tncroschnents the real estate Of the COrpGs
ton, the following presentation IS made
JOHN ,. BIcKs
Mr. Hicks obtained Lease in December last for ferry
TO Wliamsbmgh, from BIS pro iery. consisting Of
hsh pier No. IS East River and balkhesd OF about
leo feet the ne of Front. In the grant, he an
thorzsd sink block the sOu hessterly side Of psr
No rs East River for the purpose Of erecting bridges
and such fixtures and further to provide good aud suf
icient brc ges ferry accommodations Sc, at each land
ing Of said ferry 70 the extent the may De required
or necessary.
In CONNIE ncing operations for the ferry Mr. Hicks made
eontrac 10 sink bulkheAd from pier No. IS
Flip feet, and from the latter point 10 Souhst. leo est
giving him an area Of abeut $4,000 square feet equal to
little than lots which worth IN the estin ston
Of persons in that vicinity s. 600 each, $4,000.
The Controller contends that the bed Of the river 1t
this point is embraced in the grant made sasn Me-
Hicks holds his bulkhess and covered by the grant 10
the Corporation, under the Montgomery Charter Mr..
Bcks has right to dill in the slip and make lsad for
hms. without due authority from the Commissioners Of
the sinking Fund and the Common Council
Remopstrsnces from the Commissioners and others
having proved unsvang the Counsel for the Corporsnoo
has obtained an injunction
u-ENcKDAcHMESrs on THE BATTERY.
Persons ownirg the lots the lover side Of the Bowl
ing Green and which originally constituted what va
called the Government House and Lot have complained
bat the piers constructed and proposed 10 be constructed
by C. Vanderbilt adjoining pier No North River are an
encroachmett Battery and violation ~ the
given by the Corporation 70 the purchasers OF the
Government Lat
appears by deed on Gle In this department that for
aid in consideration Of the Of dry thousand DOLLARS
under of the goth of May 1874 Archibald dutyr.
then Controller the State conveyed TO the Corporation
Of this City An that certain lot of ground situate Ia the
First Ware, commonly known by the OF the Gov
"ernm' House and Lot bounded by the public ground
adjoining the Bowling Gre'n in 'front.' in the rear by the
"VSted States Arsenal westerly by Safest a. easter
"ly by Whitehall st being in front 222 feet in asa
feet state St, lis feet u inches and on Wht.hA-
ST. feet inches subject to lease Of the SAID Gov
eminent House 10 DE Witt Clinton and Others which
does not expire until the lot of May. 1873
In the grant to the Corporation by Gov Dongsn 1888.
Of all the vacant and uupaientet lands on Manhattan
Island Fort James saved 20 his most sacred Majesty
bis heirs, successors and assigns.
On the 10th day Of June 1878, the Mayor Aldermen and
Cmmonay the City OF New York conveyed these lots
10 John Hone and others, with the following covenant
the part Of the Corporations
And the said parties Of the first part for themselves
and TIT successors, 90 ntrrDy TURNER
and asrte and with the said party OF the second part
his heirs and assigns that the vacant grounds belonging to
the parties VI he first art IN the vicinity 0 ths prem
hereby granted and comm 'ny called tbs Battery and
the Bowling Green sha BE- appropriated by the said
parties Of the first part their "a private uses
The lots fronting the Bowling Green were soldto
seven persons for private dwelling prices ranging from
$4,000 500 the total for the lots being SIS 100.
For The lot next 10 the Battery Noah Brn paid
go 600 while the corner lot Whitehall 81 bid OF
BY John Hone az sO250 Its thus that ths covenant
preserve the Battery grounds forever free from private
uses the paym,n OF 60 $50 for that
Than given for the lot on the opposite corner.
IN the change of the form Of government c0nssqusnt
upoa the revolution Of INC the fort became the properly
Of the people of this and in 1890 passed
b, the Legislature releasing the fort and battery to the
City and declaring that the hereby vested IN
"the Mayor Aldermen and COmnOnaly OF the City OF
New York 10 remain for the purpose Of erecting pablo
buildings and w,rks # defense thereon Bat rhOaf arg
pouer dispose hSreof for any Ottsr Hse purpose rh
s0erer and riLVut any D0rr " ceiling any part ueof"
MIR Fagg the pier constructed aud proposed
Ne l. Is an encr0aohment upon the Battery, and that
every ordinance Of the Common Council authorizing the
construction these piers is 10 direct violation Of act
Of the l. gsa,nre passed in e2 through which the City
10 The provso that II "to remsn for the purpose "
e1iendn the said Battery for public walk, and for
erecting public buildings and sorks Of defense thereon,
but without any power 10 dispose Of the for any
"Oiher purpose vhatsOevtr aud Tiout any poSW
"of selling il OF any part thereof"
OF this law the Common Council appear 10 have been
entirely ignorant Mr. Fsgg ,hows With tbs utmost clear
ness not only that the pier block which Mr. Vanderbilt
Lac prepared and about sinking The north 81 Ca ,ts
Cardsn IL in violation Of the act Of 1891 and therefore
oo bur that be tenant At suG,rance of Per No.
and may BE- Esde 10 ,aIae od wbeneysrtss Csanso
Council say The word -. -,
before the Common Council to grant Mr.. Vanderbilt the
,ob Of widening Pier No forty feet, should be adoptsB