The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-02-15

YORK LYING NORTH OF 10th STREET, AND EX
TENDING TO spuyrEN-DrYvEL CREEK, AND LYING
WEST OF THE EIGHTH AVENUE AND HARLEM RIVER
ANDT0 ESTABLISH MODE OF OPENING THE SAME
Whereas 1t is found mpractcable aud ruinous to LAM
owners, and injurious TO the interests Of the city grad
and iay out streets and avenues within the boundarie
Aforesaid upon the present plan of the city, at RICH
Angles ana IN blocks OF uniform size, on account Of h
elevated, irregular and rocky formation or that district
Therefore, the people Of the State Of New York, repre-
scented IN Senate and Assembly, do enact as follows
be, and they are hereby appointed Commissioners o.
Streets, Roads and Avenues in all that part Of tho city
New York lying north OF l25th street and extending
Spuy ten duyve creek and lying west Of the Eighth ave
nue. and Harlem river for the purpose OF performing the
several acts and duties hereinafter prescribed That III
case of the death resignation refusal to act OF any or
either OF said commissioners, shall, and may be lawful
tor the remaining commissioners, or majority OF them
as often as such event shall happen to appoint
suitable person or persons to fill such vacancy or va
cances, andsuch appontees respectively shall have all
power and the authority vested in commissioner by THIS
act
Sec. q It shall and may he lawful for said commits.
sioners, or majority of them, and they shall nave ana
possess exclusive power to lay out streets roaas
nues and public squares Of such width extent ana drec-
ton, and of such grades them shall seem most con
ducve to public good and to close up or directed 10 DC
closed up any Streets roads avenues or parts tnere
which been heretofore laid out and not legally
opened or worked within all that part OF the SAID Guy Oh
New YORK above specified and no square or pio. o
ground made by the intersection Of any streets ROADS or
avenues TO be laid out by said commissioners Shall ever
have within the same, or be divided by, any pubic
street, road lane or thoroughare; and street or
shall laid ont in width less than fifty feet and no
avenue shall be laid width less than eighty feet
but nothing in this act shall authorize the closing up OF
the Tenth avenue, OF the kingsbrdge or boonhgdae
road.
Sec 8. 1t shall be lawful for the said commissioners,
and for all persons acting under their authority to enter
IN the day time INTO ana upon any lands lenenehs anu
Entertainments which they shall deem necessary TO be sur
veyed, used converted for the laying out opening or
forming any street, road, public square as
aforesaid And the said commissioners or majority OF
them shall cause three similar maps OF said streets
and public squares to be laid out by them as
aforesaid and OF the grades thereof and OF the shores
bounding the lands by them surveyed 10 be made upon
extensive scale, accompanied by such Geld notes aud
elucidatory remarks of the subject may
qure which MAPS accompanied by such field notes and
remarks shall be attested by the said commissioners
majority of them before any person authorized to take
of deeds and copveyances and to be
died, in the office Of Secretary of State of
record other to be filed in the office of the Clerk of
the city and county OF New York, remain of record
and the other of the said maps to belong to the Mayor
Aldermen and Commonalty of the city of New York;
that the said shall erect proper monuments
at suitable places upon such Streets roads, and
public squares and upon the shores of the Hudson and
Harlem rivers, denote the position and OF
the Streets roads avenues and pubic squares and to be
noted on said maps and that said commissioners shall
take the elevations and depressons Of the several inter-
sections Of the Streets roads, and public squares
above high water mark within the boundaries aforesaid
many OF them as they think sufficient, and shall de-
lneate them together with the grades, and all such hills
Valleys nles and water courses may be necessary
said maps as TO render the same explicit and intei
gble
Sec 4. It shall not be lawful for either of the com.
during the time he may be in Office directly
indirectly purchase, contract purchase any
lands, tenements or Entertainments within the boun.
diaries Aforesaid And every deed contract conveyance
contrary TO the Intent hereof shall be utterly void And
before the Commissioners shall enter upon their duties
Mayor Recorder OF the City of New York faithfully and
mpartally to execute the duties their said office and no
compensation or allowance whatever, directly or ndi-
recty shall be made to the said Commissioners any
either Of tnem for their services virtue of this ac
and the Board Of Supervisors the city and county OF
New York shall raise they are hereby authorized and
Tn bp aicada lv hty
tax all lands situate within the boundaries aforesaid
and to be collected in addition to the ordinary yearly
such sum and sums OF money their Judgment and in
the Judgment Of majority Of said Commissioners shall
be necessary to deay the expenses TO on
the WORK OF the commissioners contemplated by this act
during each year until such work shall be completed;
which said yearly sum sums shall be subject to the
draft from time to time, Of majority of said Commits
sioners for the monthly other periodical payment of
the expenses to be incurred by them for services of
Surveyor and employ es and for monuments maps and
other necessary things carry work but no such
draft shall be paid until true account of such expenses
shall have been first rendered the Comptroller of said
city verified by the oath OF the employees to
whom the same is payable, and of least two of said
Commissioners, nor until such shall have been
approved in writing by said Comptroller nor shall any
such draft be paid for greater than the amount
such expenses ascertained aforesaid.
Sec The plans, grades and surveys Of the said Com
missoners, or OF majority of them in respect the lay
ing out and grading OF streets roads and squares
within the boundaries aforesaid and the said maps shall
be final and conclusive, well the said Mayor
Aldermen and Commoualty, as in respect to the owners
and occupants Of lands, tenements and heredaments
within the boundaries aforesaid and respect 10 all per-
sons whomsoever And street, road avenue or public
square, within the said boundaries shall after the
this act be legally opened graded worked except in
accordance with the plan shall be laid down by said
in manner aforesaid ALSO excepting such
may have already been legally opened worked And
no street, road avenue public square, within the boun
iaries aforesaid shall, at any time hereafter be opeued
graded or worked except upon the written consent or
petition 10 the Common Council of said CITY, of the owners
Of major part of the lands in nea fronting on such
street. road avenue or public square within the limits OF
nd vh
continuous section of any such street. road avenue or
public square, of half mile length the limits of
the proposed opening there shall be such consent in
writing OF the owners Of major part of the lands,
lnea feet fronting such section such section or part
shall not be opened until such consent he given.
Sec 9. The owners of any land lands through which
the Commissioners as Aforesaid shall lay any street.
road avenue or public square, at their expense
at any time before the opening thereof shall have been
for according to law open and work. in pro
per manner, any such street, road, avenue or public
square within the limits of their said land lands in
accordance with the plans grades width courses elcva
Ions and deprcssons laid down by the said Commissioners
aor esad and shall thereupon entitled to an equit
bic allowance by Of deduction in any assessment for
he opening and working Of said street. road or
public square respect to the other land lands through
8hco SAID street. road avenue or puolc square may
egaly opened
Sec. Z. Whenever the said Mayor Aldermen and Com
monaliy SHALL upon the written or petition az
Aforesaid OF the Of the majority of the nca feet
Of lands fronting any street road avenue or nnb
lie square, so to be laid out aforesaid open and WORK
ouch street. or public square the lands
ments and Entertainments 10 be taken therefor or devoted
provided for in the sixth section Of this act shall be
paid for and the lands enemens add hereditaments in
tended to be fitted thereby shall assessed in the
provdedfor by existing laws making such eouta
bic deduction aforesaid IN the provided for in said
sixth section except, however that the entire expense
and charge Of every and kind of the
laid Commissioners or Estimates, &c other persons
who may be appointed who may respect 10 the
opening Of any such street. road public SQUARE
md Of all surveyors clerks, aids employees counsel or
otherwise, and including all costs, fees and disbursements
any nature and kind whatever shall not in the apgre
rate for the opening and estimate OF award
respect to any street. road public square,
Exceed the sum Of ten hundred dollars per mile in eng,
IF such street, road, or square, and in that
proportion Tor any less distance in length which may
pened And upon any such street road avenue or public
square, part thereof being legally opened as aore
said the fee thereof shall vest in the said Mayor Alder
men and Commonalty for the use OF the public as pub
tic street, road, avenue or public square,
sec g. That whenever any Of the owners OF any such
ands, enements and heredtaments so taken shall be
infants otherwise legally incompetent in law TO act or
absent from the city of New York the said Mayor Alder
men and Commonaty may pay the sums mentioned In the
nt.Crtn rarda pnfn IN