The letter to you requests that these facts be given your earnest consideration, stating that it would indeed be a great hardship for the New York and College Point Company to be compelled remove to temporary quarters at an expense of over ten thousand dollars ($10,000), and then ay the rent fixed by the lease and the rent fixed by the Board of Dock Commissioners of the City f New York.

In reply, I desire to say that, in my opinion, under the covenants in said lease contained and ne facts as stated in said communication to you from the ferry company, the said ferry company is ot liable for any rent for the time during which it is necessary for the Dock Commissioners to be possession in order to carry into effect the new plan for the improvement of the water front as dopted by the Board of Docks and approved by the Commissioners of the Sinking Fund in 1887. I herewith return lease and accompanying papers.

Yours respectfully,

FRANCIS M. SCOTT, Counsel to the Corporation.

Which was ordered on file.

Petition of Harris Levy and Marks Levy for a quit claim deed of strip of land upon which the ont of the petitioners' building encroaches at No. 192 Waverley place.

Which was referred to the Counsel to the Corporation.

The Mayor presented the following communication from the Secretary of the New York and Jersey Bridge Company:

NEW YORK AND NEW JERSEY BRIDGE COMPANY, NEW YORK, January 21, 1896. WILLIAM L. STRONG, Chairman Sinking Fund Commissioners of the City of New York: EAR SIR —I hand you herewith a certified copy of the location of the New York and New Bridge, between the south side of Fifty-ninth and the north side of Sixtieth street, west of th avenue, and a certified copy of the location of the approach thereto, together with a map ocation of the approach, and also a plan of the elevation of said approach as adopted by the ssioners appointed under chapter 233 of the Laws of 1890 of the State of New York.

* counsel have prepared the preamble and resolution which we submit for your consideraapproval. Very respectfully,

CHARLES H. SWAN.

ing discussion thereof, the Board adjourned.

RICHARD A. STORRS, Secretary.

COMMISSIONERS OF

THE SINKING FUND OF

THE CITY OF NEW

YORK.

Proceedings of the Commissioners of the Sinking Fund at a Meeting held at the Mayor's Office, at 3 o'clock P. M., on Wednesday, February 5, 1896.

Present-William L. Strong, Mayor; John W. Goff, Recorder; Richard A. Storrs, Deputy Comptroller; Anson G. McCook, Chamberlain, and William M. K. Olcott, Chairman Committee on Finance, Board of Aldermen.

The reading of the minutes of the meeting held on January 22, 1896, was dispensed with.

The following communication was received from the Counsel to the Corporation :

LAW DEPARTMent, Office of THE COUNSEL TO THE CORPORATION, NEW YORK, Janury 28, 1896.

Jon. WILLIAM L. STRONG, Mayor:

SIR-I have received, through the Comptroller, two plans showing the proposed location of e approaches to the New York and New Jersey Bridge, and copies of certain certificates executed the Commissioners appointed under chapter 233 of the Laws of 1890 of this State, being the act incorporate the New York and New Jersey Bridge Company, and a letter addressed to you as airman of the Sinking Fund Commissioners, by Charles H. Swan, Secretary of the Company, in mich he incloses certain proposed resolutions for adoption by the Commission.

Although no communication accompanies these documents I find in the Minutes of the Board Sinking Fund Commissioners that, at a meeting held on Friday, January 17, the following olution was adopted, referring to the route shown upon the plans and described in the certificate which I have referred:

"This Board indicates its preference for an approval of Route No. 2, with approaches as shown on the diagram submitted, and being provisional until finally approved by this Board upon the ormal resolution and plans thereof to be adopted and submitted by the State Commissioners." As one of the certificates now before me adopted by the State Commissioners is dated January subsequent to the meeting of the Sinking Fund Commissioners above referred to, I infer that it adopted in furtherance of the resolution above quoted. I therefore assume that the purpose

of submitting these papers to me was in order that I should advise the Board as to the form of the resolution to be adopted by it in expressing its approval of the approaches in question.

The statute under which you are acting in this matter being an act of Congress, approved June 7, 1894, entitled “ An act to authorize the New York and New Jersey Bridge Comparies ↑ construct and maintain a bridge across the Hudson river, between New York City and the State of New Jersey," contains the following provision respecting your approval:

"Provided, that the location of all approaches of said bridge in the City of New York sha "be approved by the Commissioners of the Sinking Fuud of the City of New York; and

66

"Provided, further, that no railroad or railroads shall be operated on the approaches of sui bridge companies in the City of New York, except on such approaches as shall have heet "approved by the Sinking Fund Commissioners of the City of New York."

In my opinion it will be wisest for your Board to confine yourselves, in your resolution, to the precise thing provided for in this statute, and for that reason I do not approve the form of the resolution submitted to you by the Secretary of the Bridge Company, but in the place thereof recor mend the resolution of which a copy is hereto appended.

This resolution, when adopted, should be attached to the two certified copies of the certificates of the New York State Commissioners, and to the maps or plans showing the proposed approach which you approve. Yours very truly,

FRANCIS M. SCOTT, Counsel to the Corporation.

Whereas, The Commission appointed by and pursuant to the provisions of chapter 233 Laws of 1890 of the State of New York, entitled "An Act to incorporate the New York and New "Jersey Bridge Company for the purpose of constructing and maintaining a permanent bridge F passenger and other traffic over the waters between New York City and the State of New Jersey, together with all necessary connections, appurtenances, approaches thereto and stations" has located said bridge, appurtenances and approaches thereto as hereinafter described; and

Whereas, By an act of Congress, approved June 7, 1894, entitled "An Act to authorize the Nes York and New Jersey Bridge Companies to construct and maintain a bridge across the Hads river, between New York City and the State of New Jersey," authority is given to locate, const u and maintain over said bridge and the approaches thereto, railroad tracks for the use of the r roads, upon certain conditions, one of which is as follows, to wit:

"Provided, that the location of all approaches of said bridge in the City of New York sha "approved by the Commissioners of the Sinking Fund of the City of New York; and

66

"Provided, further, that no railroad or railroads shall be operated on the approaches Bridge Companies in the City of New York, except on such approaches as shall have e "approved by the Sinking Fund Commissioners of the City of New York."

Resolved, That the Commissioners of the Sinking Fund of the City of New York hera approve the location of the approaches of said bridge in the City of New York as fixed and de mined and certified by the Commissioners appointed by and under the act, chapter 233 Laws of 1890 of the State of New York, and as expressed and described in two certificates is Commissioners dated respectively December 3, 1895, and January 20, 1896, of which said cr ́ ́ cates copies certified by Evan Thomas, Secretary of said Commissioners, are hereto annexet, which approaches are further shown and designated on two certain maps or plans also b7 annexed and certified by Andrew H. Green, Chairman of said Commission.

The Chairman Committee on Finance, Board of Aldermen, moved that the preamble and resolution submitted by the Counsel to the Corporation be adopted.

The Recorder offered the following as an amendment to the resolution :

Provided, however, that the said New York and New Jersey Bridge Company and its successors, in constructing the said station and approaches to said bridge, shall not permanently encroach upon, encumber or obstruct the surface of any street or avenue in the City of New York over which the said station and approaches are to be erected or constructed, and that the thorough. fares on the surface of such streets and avenues shail, for public traffic and travel, remain as they

now are.

And provided, also, that this approval by the Commissioners of the Sinking Fund of the location of said station and approaches to said bridge shall not be construed as a permission or authority, express or implied, to said New York and New Jersey Bridge Company and its successors to permanently obstruct, impede, occupy or encroach upon the surface of any street or avenue for the purpose of erecting or maintaining thereon the said station or approaches to said bridge or for the connections and appurtenances thereof.

After discussion, on motion of the Mayor, the papers were referred to the Counsel to the Corporation for his consideration and advice.

Adjourned.

RICHARD A. STORRS, Secretary.