The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-30


passage Of this act, be legally opened, graded or
worked. except In accordance with the plan az shall
he l9id down by aid commissioners II manner afore
sad; also exc, ptng such al may have already been
legally opened or worked And no street road ave
rue or public square within the boundares aforesaid
shall, at any time hereafter be opened, graded
worked, except upon the written consent or petition
"a the Common Council OF said sity, 81 the owners
ct MAJOR part Of the lands, ia hnsA feet
fronting on such street, road avenue or public
square within The limits ct the proposed open
ing; ard whenever in respect to any cont
Euous section VI any slch street, road, avenue
ar public square, 0i half mile la length, within the
Limits Of the proposed opening. there shall not be
such consent III writing Of the 3of m. jpr part
Of the aDGs in hneil feet, fronting On such ~'ctlp
such section ar part sha not be opened until such
consent be given.
Sec. &. Tie owners nj any land or lands, through
which the commissioners, aforesaid shall lay out
any street, road, avenue public square, may. ~
their Owl expense, at any time before the opening
thereof shall rave been contracted for according u
,aw. open ana work, IN u proper manner, any 5Ich
street. road. avenue or pubic square, within the
limits of their said land lands in accordnce with
the plans. grades width, conrees elevations and de-
ptssons lai1 down W the said commissioners ~
aforesaid AMI sheu .'erehp0n DE entitled 30 al
equitable allowance by way nj deduction in INV
assessment Tor the opening aud working Of Sid
street road, avenue or public square in respect to
the other land lands through which said street
road, avenue or public square may DC legally
opened.
Sec. Z. whenever Ire Adler
Taen and Commonaty shall, upon the written
consent or petition Aforesaid OF the owners of the
majority vi the irsa feet oi lands fronting any
snch street, road, avenue public square so tn ne
laid cut M aioIeseid, open and work such street,
road. avenue or public square the lands, tenements
leredtsments to be taken therefor, Or devoted "a
provided for in the sixth section of this act sfn be
laid for, and the lands, tenements and he
ieditaments intended t. be benefited thereby
sbal be assessed in the manner now provided for
ty existing laws making such equitable deduction
Aforesaid H. the provided for in said sixth sec
tion except, however, that the entire expense com
pensation and charge OF every nature aud kind IT
The raid Commissioners Of Estimates &c, other
PERSONS who may he appointed, who may act IN
respect u the eng OF any such street. road ave-
Ene Or pubic square, aud OF all surveyors, clerks,
aids employee. counsel otherwise, aud including
all COST fees, and di-burseme IT'S of any nature and
kind whatever, shall not ia the aggregate for the
opening and estimate Of assessment and award in
respect to any street road, avenue or public square,
| exceed the sum of ten hundred dollars per mile
| IN length Of such street, road, avenue or
| square, and in that proportion for any lea.
distance in length which may he opened. And
upon any such street road avenue or nlolc square,
or any part thereof being legally opened a. sfore-
sid the fee thereof shall vest IN the sad Mayor,
Aldermen and Commcnalty, for the Of the pub
| lie, IA u public street, road, avenue or public
| square.
Secs. That whenever any of the Of any such
lands, tenements ard Entertainments 80 taken slall
be infants otherwise legally incompetent in law
said Mayor, Aldermen aud Commonalty may pay
the mentioned in the report award ~ coming
u snch owners respectively into the said Supreme
Court, To be secured, disposed OF aud improved ~
II said Court shall direct; and such payment .hall
be equally valid and enectual a. ii such owner
owners had been present and legally qualified to
uct.
Sec 3. That all laws and parts OF Laws Inconsistent
with the provisions of this act or Of any OF them are
hereby repealed in far they relate to affect
any hrds, tencmcn's and Entertainments situate
within tie boundaries aforesaid
No provision icing made for the commissioners
notifying one another ~ To meetings and period
being fixed for such meetings, it follows that three
commissioners have the whole power under the
law, even were the remaining three ready and will
ing To act.
| ErAossTKAhCE or THs PRoPEary OWNERS AGAINST
The PASSAGE OF THE BILL.
To The Legislature Of the State Of Ne,o York
Tie undersigned residents aud holders Of real es
tate in that portion OF the city ~ New York lying
north Of l55th street. having learned that petition
about TO be presented TO your honorable bodies,
| praying that commissioners might be appointed II
determine and lay down the course aud number Of
the avenues and streets north of l55th street. aud II
40 divers other acts pet forth In sa,d petition,
respectfully remonstrate against the consideration
Oi rad Petition by your honorable bodies, and beg
that IL e prayer thereof may not be granted.
| We would respectfully submit and urge the fol
| lowing reas ons in oppositon TO the consideration
and granting oi the raid lsetitiOn:-
| First The power asked for by such commissioners
u enormous, aud u most dangerous instrument ior
evil. When We see what temptation for plumber
ard corruption "a temptation whi b Is not and CAR
Lot BE- rcsited) ~ placed before the cola msAoners
appointed 10 open y single street and Impose the
| assessments therefor, what mu-t We not expect
| what will we not see-when the power To lay
oct and locate streets and avenues for por-
eE1 ILL nd In lSf.tff
prsing nearly OLE fourth Of the whole AREA OF the
| bland. placed il the hands Of three men! more
monstrous delegation OF absolute power cannot well
| be conceived Of
Secondly. No such changes a. prayed for in aid
petition required, will be reqnir~d for many
years Ia cone. The city authorities have no power
| 10 open streets north IL l55th street until such
power Is specially delegated t0 them by your honor.
able lodies anu IL will not be necessary for them b.
have any such power until the necessities Of the
residents in this portion of the city demand that
streets should be opened and worked. Tue Tenth
| avenue, which xxi. nds u Harlem river, nearly 10
Ejrgsbridp. sufficient for the wants oi the east
crb portion OF the city north ~ l55th street; while
! the kingsbridge road being "A continuation of
Broadway TO the extreme northerly eod OF the city
! aud i-snd, together with the Hudson River Roll
roed iurni-h al the highway necessary for the
| westerly IortiCn.
Thirdly Roads ~ they are needed for access b.
| rrlv,te residences AMI the depots of the Hudson
| River Railroad, have been aud will continue IN De
oIeusd by private Individuals ~ necessity re-
| quns, which rosds are laid ont with spe-
cial reference 10 thu natural formation
| ~ the land, ard can be done much
better by of the land than by commissioners,
strangers thereto, ard I've purchased by the city
whenever, 10 your wisdom and the wishes OF the re-
si6tnts. Il becomes necessary for the city ~ own
| ~. IN. ~ this means the expense OF supporting
commissioners H. do what has teen aud will I've bet
ter dore 10y property owners will be avoided; and ~
our taxes are now oDerps In the extreme, we pray
thai We may he spared addition Thereto for the
purchase Ut right at way" aud for services OF CON-
| mp~ioner- and surveyors. The projectors Of the
petition have stated that commissioners, &c, are not
10 ~, rive compensation We need not inform your
| Lonorabe bodies that such a statement he intended
only TO induce persons TO sign the petition. under the
im ression that neither they their property will
be sserseed tor expens consequent upon such com
m ssion. Az some Of the proposed commissioners arc
neither residents, OF the part of the island hcn they
desire today out owDe n of any real estate therein,
mr. familiar with tho natural of the land