S. Steenwyck and Jacobus Van Cortlandt; 5 acres 3 roods 24 perches, English measure.

1701. Abraham Gouverneur, Recorder of the city. (Manual, 1857, p. 527.)

1741, June 12. Henry Courteen and Mary Gouverneur, Peter De Reimer, son and heir of Isaac De Reimer, jr., Cornelius Low, jr., and Hanna, his wife, late Joanna Gouverneur; Margaretta Gouverneur, John Hall and Magtalina, his wife, late Gouverneur; John Broughton and Alida, his wife, late Gouverneur; Nicholas Gouverneur, son and heir of Isaac Gouverneur, and Lewis Morris, jr., which said Joanna, Magtalina, Margaretta, Alida, Nicholas Gouverneur, and Lewis Morris, jr., are executors of Isaac Gouverneur, deceased-To James Delancey. (Lib. 21, p. 84, Albany.) All that certain tract and parcel of land or farm, situate in the outward of the city of New York, to the northward of Fresh Water, and commonly called the Dominie's farm, containing 269 acres of land, little more or less, according to a certain draft thereof made by James Howell, surveyor, on the 5th of April,

1689.

(See will of Isaac Gouverneur, Surrogates' office, New York.)

Blyvelt's Bowery.

1645. Ground brief of Governor Kieft to Laendert Aarden. A farm called Blyvelt's Bowery, lying

behind Corlaer's plantation, extending from the valley next said plantation to a valley 170 rods; further on west, sixty rods (60), all to the wagon road; further along the wagon road, north by east, a little east, 115 rods-then south, 35 rods, next to the land of the Schout, till to the valley about west.

1653, October 30. Transport by

Hall.

to Thomas

1667, October 30. Thomas Hall to Steenwyck and Oloff Stephen Van Cortlandt.

1734, September 5. Brune Brinkley to James Delancey (Lib. 32, p. 489). Land on the east side of the highway called the Bowery Lane, between the land late of Thomas Ackers, now of Isaac Depeyster, and the land formerly called Dominie Sellyn's pasture, now in possession of James Delancey, about 18 acres of land.

Depeyster's land is shown on Ratzer's map, adjoining James Delancey.

Mr. Smith states the Delancey farm comprised about 339 acres, and the Van Cortlandt piece, 15 acres-making 354. Gouverneur's deed to Delancey conveyed 269 acres. The Corlaer's Hook parcel was 76 acres; the meadow over the creek, 10, and fresh meadow, 4 acres-make 359 acres.

The above located parcels make 50-|-91+25+ 22-188 and 76 is 264 acres, which probably were the parcels conveyed by Gouverneur's devisees to Delancey. How he got the residue, I have not traced.

NOTE 58.-PAGE 344.

In this note will be found some statements of the action of the Corporation upon closing streets, and the principles which have governed them. Nothing can exceed the equity and sound judgment which has, in general, controlled their course in this matter.

Acts of Corporation on Closing Streets.

A most elaborate report was made upon this subject to the Board of Aldermen, on the 25th of October, 1833 (Documents 1833, No. 32), by the Committee on Laws, &c., of which Judah Hammond, Esq., was chairman.

Some of its leading propositions and facts are of importance. It is observed that the declarations of trust contained in the 178th section of the act of 1813 was intended as a general declaration of trust in the tenure under which the streets are held in the city of New York, and that the enactment is declaratory of the common law, as it was understood, before and at the time of passing that act, in relation to the estate which the Corporation have in the public streets and roads.

After a full statement of the statutory provisions, the report proceeds: "What, then, is the conclusion to which these premises would seem to conduct us, as the fair construction of several statutes, but that the land so acquired by the Corporation, should be offered in payment of the damages awarded to the adjoining proprietors in the case of closing streets and roads, so far as it will go, if the individuals entitled to damage will receive it at the price at

“ The

which the Commissioners have estimated it. If they will not take the lands, the Corporation is free from any restraint, and may sell them to the highest bidder." Corporation have, as a general principle, always regarded the individual proprietors of the adjoining lands as having the pre-emptive right in lands so situated, and have, as a general rule, always conveyed the lands either at the sum assessed for them by the Commissioners, including interest and charges in the case of gores, and generally for the damages in case of discontinued streets and roads. Of late, however, a desire has crept in to obtain a higher price for these lands.

"The Committee infer, that if the Corporation determine to sell these lands, the adjoining owner has the first right of purchase, and may take them, in lieu of money, for his damages, at an equalized valuation, paying or receiving the difference between the amount of his damages, and the value of the land, if there be any."

A number of examples are then stated, in which the Corporation pursued this system.

It appears that, in March, 1832, the Corporation deviated from their ordinary course, and in relation to the Warren, Fitzroy, and Southampton roads, it was determined not to sell at private sale, but at public auction, at a rate equal to the amount assessed, with twenty per cent. added, and charges.

In March, 1833, however, it was resolved to sell such parts of the said closed roads as were contiguous and opposite to the lands of certain petitioners, at prices to be fixed by two appraisers, and an umpire. And a general

rule was embodied in a resolution, that in all cases when roads, streets, lanes, or alleys, should be closed by law, the owner of the adjacent land should have the pre-emptive right to such part of the same, to the centre thereof, as may lie opposite and contiguous to his property, at such price as may be determined by appraisers and an umpire; provided he elect to purchase within sixty days after the actual closing.

The report cites another document, made on the 5th of August, 1833, in which the Committee on Finance advert to the proposition whether the price of the land to be fixed by appraisers may not be the actual value at the time of appraisement, or what other rule would be proper.

NOTE 59.-PAGE 370.

Cessions of Streets.

A large number of cessions to the Corporation of land for streets are transcribed into a book in the office of the Street Commissioner. I notice some of them.

A cession of Ferry street, in the Swamp or Cripple Brush, 27th March, 1759, twenty feet wide, Lib. 1, p. 1. Other portions were ceded, 5th March, 1759. Ibid., 5. Trinity Church to the Corporation, 9th April, 1761, (Ibid., p. 7), for Lumber street, and First, Second and Third streets, for the length of the Trinity Church adjoining property; part of Thames street; Partition streets Vesey and Barclay, from Broadway to the river; Robinson street