The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-30

that the Mayor had wholly the letter OF the
ordinance did not suggest the price Of bread but only
recommended that should be seld by weight like other
commodities
Messrs JosEs and MCCAmIL spoke against the resolu
ton, maintaining that the principle Of free trade was
contrary TO the spirit Of the ordinance The motion t.
print the communication in document form was carried
COMMUNICATION FROM THE CORPORATION COUNSEL ON THE NEW
OFFICE.
In reply 10 resolution passed by Board asking the
opinion or the Corporation Counsel TO whether the Com
Council have the power by law, TO deed any portion
Of the Park tn. general for the erection Of
Post Once, he sent in the following opinion
LAW DEPARTMENT CRY OF NEW YORK,
OfTICE THE COUNSEL 10 THE CORPORATION,
No. 237 BROADWAY, Dec. 2S, 1857. }
To THE HonoRABIE, THE BOARD OF CoUNcnxEN:-
am in receipt Of preamble and resolution OF your
Board adopted the 2lst day of December, instant, which
recte that
with like appointed by the Board of Aldermen
to confer with the general to the sale Of
o ne
psce e P hs
and fifty thousand dollars for the
Reseivsd Tns, his BOARD Cor
power By law deed any portion q the general
sS1 0r the % % n i
of general as well as OF pecunary interest," and at
traets taar tho attention Of all oassss Of our citizens
Of New York city under its charters, and within the deci
sons Of the courts Of own State and Of other States to
dispose part the corporate property for the public
good and common profit unless restrained by some posi-
tive law.
Is there any law prohibiting the exercise OF the power,
crbiDg rules, tor the manner in which shall be
used 7 The first branch of this inquiry must be
swered negatively There however, statutory enact
ments regulating which the public property
shall be sod and the proceeds OF the sales thereof in
vested.
The ssth section of the act to amend the charter of
the city Of New York provides that
AZ property sold under the authority OF the Common Coun-
ce @ under the superintendent of the appropriate heal
And the 4st section of the came act provides that:
All sales franchises other
than grants lands under which the owners Of the
ppSc auction and 2d to he highest bidder who shall give
referred n his section shall be 9TH, under the drec
ton Of the Complroer s In The newspapers employed by
This act was passed April a. 1857 confess if there
later legislation affecting this subject should
entertain grave doubts to the power OF the Common
Council TO the proposed grant the general govern
ment but am relieved from all difficulty in arriving at
the conclusun that under the act of April H. 1857
titled can act authorizing the Mayor, Aldermen and Com
monalty Of the city Of New York TO erect City Hall
in said city," &C., the corporate authorities have the
power expressly conferred upon them to convey the pro-
perty in question.
the Commissioners Of the new City Hall decide any
plans spec fcatons for the building they shall offer
TO the proper United States officials Ito conform any por
ton o interior plans Of said bull ling purpose Of
Post Office and the accommodation Of the courts Of the
United Sates' and If the authorities Of the general
government agree thereto, then TO convey TO the
United States "the portion of the ground covered
by the building made 70 conform. The same sec
UOn also pTOyldeS the COnt1DgenCy Oh Unlteu
States authorities not accepting the offer the Commission
and in drectanguage authorizes the Mayor Aldermen
and Commonay Of the city 'to make conveyance by deed
of grant lease any portion of the Park TO the govern
Of the United States for the erection thereon at the
expense of said government OF such Post ONCE court
rooms upon the city being duly compensated for the
samep
With these restrictions as to the use to which the
land shall be applied and the receiving due equivalent
the Common Council may make the conveyance Less
than the fair marketable value Of the land would not in
my Judgment meet the requirements Of the statute, and
less than its fair value would not duly compensate
citizens for It's loss. have the honor 10 be your obedent
servant RICHARD BUSTED,
Counsel TO the Corporation.
The board in session last evening, and transacted
considerable routine business and adjourned TO this
ing at five O'Clock