in such manner as they and their successors shall see fit; and all our estate, right, title and interest in and to the same. To have and to hold all and singular the premises unto the said Mayor, Aldermen and Commonalty, and their successors, to their own proper use, benefit and behoof forever. Provided that nothing therein shall be construed to empower the Mayor, &c., to wharf out before any persons who have prior grants from us or some one of our predecessors, of quays or wharfs beyond low water mark, without the actual agreement of such persons, their heirs or assigns, owners of such quays or wharfs; and also that of the wharves to be built or run out, there should be left toward the East and North rivers, forty feet broad, as well for the greater convenience of trade, as to plant batteries thereon in case of necessity."

NOTE 29.-PAGE 188.

Ordinances of 1795 and 1796, as to South and West streets.

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Whereas, the unlimited exclusion of this city into the East River, by making further grants to the proprietor of water lots, hath long been conceived injurious, if not ruinous to the internal and lower parts of the city, through want of the necessary descent for carrying off the water out of the streets into the river; and the Board judging that a wide and spacious street along the front of the city would tend very much to its ornament, convenience, and safety, directed their Street Committee to cause a survey and chart of the front of the city along the East River,

with the line of such street marked thereon, to be made and reported to the Board; and the said committee accordingly having reported the said chart, with the lines of the said street, which is to be of the breadth of seventy feet, and beyond which no further grants into the river are to be made, or any buildings or wharves erected or made, excepting such as the Board from time to time shall hereafter deem necessary for the safety of the shipping, and the convenience of trade and navigation; and the Board having frequently had the said chart with the lines of the street run out and marked thereon, under consideration, did this day, after making some alterations as to the course of the lines of said street, agree to the same according to the following description thereof, viz.: Beginning at a point or station in the river, opposite the east side of the Whitehall slip, two hundred and twenty-nine feet six inches (229 ft. 6 in.), from the corner of the south side of Water street; thence in a direct line to a point or station opposite the west side of Coenties slip, two hundred and twenty-eight feet six inches (228 ft. 6 in.), from the corner at the south side of Water street; then beginning at a point or station opposite to the east side of Coenties slip, one hundred and sixty feet (160 ft.), from the corner at the south side of Front street; thence on a direct line. to a point or station opposite the western range of the Crane wharf, three hundred and thirty-one feet nine inches (331 ft. 9 in.), from the corner at the south side of Water street; thence on a direct line to a point or station opposite the western boundary line of the grant to Thomas Barnes, now belonging to Samuel Ackerly, three hundred and fifty feet (350 ft.), from the south side of Water street; thence on a direct line to a point or station opposite the west side

:

of Rutgers' slip, four hundred (400) feet from the south side of Cherry street; thence on a direct line to a station or point at the east part of Corlears Hook, one hundred and sixty (160) feet perpendicular from the south side of Crown point street, at high water mark; which said line is the inner side of the intended street of seventy feet wide."

On the 10th of February, 1796, the same Committee reported an alteration in the permanent line of the outer street in front of the city on the East river, as was agreed to on the 7th of April, 1795, which was also approved of by the Board, and is as follows: "Beginning at a point as laid down on the map, at the angle opposite Alderman Beekman's house, which said point is from the south side of Water street at the continuation of the south-westernmost boundary line of the grant to Thomas Barnes, and now belonging to Samuel Ackerly, four hundred and twenty (420) feet into the East river; thence running on a course, as it appears on the map, N. S3° 36' east, to a point at the west range of Rutgers street, on the estate of Henry Rutgers, deceased, which said point is from the south side of Cherry street, on a course south 3° 15′ east, as said Rutgers street now runs, five hundred and ninety (590) feet into said East river; thence running on a course as it appears on the map, north 87° 15' east, to a point into the East river at Corlaers Hook, which point is (after measuring on a course of north 87° 30' east) eight hundred and seventy (870) feet from the east side of Ferry street along Crown Point street; thence running at the extent of said distance south 2° 30' east, three hundred and sixty (360) feet from the south range of said Crown Point street into the river, to the said last-mentioned point."

ORDINANCE as to West street, 10th February, 1796.— "The Street Committee reported to the Board a description, from an actual survey, made of an outer street, along the west side of the city, which is to be of the breadth of seventy (70) feet, and beyond which no grants ought to be made, and no buildings erected; which was read and approved of by the Board. Beginning at the centre of the arched bridge over the run of water called the Bestaver's Killitjie or rivulet, and running from thence in the present range of Greenwich street, north 11° and 30' east, one hundred and fifty (150) feet, to the south end of a piece of meadow ground, or marsh (being the first piece of meadow ground, or marsh, near the Hudson river, to the south of Greenwich), and running thence along the said point of upland, from the west side of Greenwich street, north seventy-eight degrees thirty minutes (78° 30') west, four hundred and twenty (420) feet into Hudson's River; thence running on a course, as it appears on the map, south, eleven degrees forty-five minutes (11° 45') west, to a point on the southern range of Duane street, which said point is from the west side of Greenwich street, along Duane street, on a course, as the said Duane street now runs north, seventy-six degrees forty minutes (76° 40′), four hundred and forty (440) feet into the Hudson's River; thence running from the said point, on a course southward, seventeen degrees thirty minutes (17° 30') west, to a point at the north-easternmost range of the street or lane, between Kennedy's corner house and the Battery; which said point is from the west side of Greenwich street, on a course of north, sixty-eight degrees fifty minutes (68° 50′) west, at the extent of three hundred and sixty (360) feet into the Hudson River."

On the 11th of July, 1808, the Street Commissioner reported to the Common Council, that by a survey made by himself and Mr. Loss, along the Hudson River, for the purpose of directing the sinking the blocks for the piers at the foot of Partition street, he finds that the line prolonged by the survey of Mr. Magnin, as the west line of West street, is not far enough into the water by near forty (40) feet, if the line of West street be continued as it ought to be, straight from Cortlandt street to Harrison street; so that the pier to be built would be two hundred and ten (210) feet in length, instead of two hundred and fifty (250) feet, as stipulated. A resolution was adopted accordingly, making a straight line from Cortlandt to Harrison street.

NOTE 30.-PAGE 188.

Petition for the Act of 1798.

The petition of the Mayor, Aldermen and Commonalty of the city of New York, in Common Council convened, respectfully showeth: That as well for the ornament and improvement of the city, as for the encouragement of the trade and commerce of the State, and the safety of the shipping at the wharves of the city, your petitioners have lately directed a permanent street, of seventy feet wide, to be laid out and completed, at and on the extremity of their grants already made, and hereafter to be made, to individuals, on the East river, called South street, and on the North or Hudson river, called West street, south and west of which no buildings of any description are to be permit