the same, together with the interest thereof, and all the reasonable costs and charges attending such proceedings, by distress and sale of the goods and chattels of such proprietors respectively, or by action of debt, in the Supreme Court of this State, wherein it shall be sufficient to allege generally that the defendants respectively are indebted to the said Mayor, Aldermen and Commonalty in a certain sum of money expended on their account by virtue of this act, and in such action any less sum than the one declared for may be recovered, and full costs shall be given in their

favor.

2. And be it further enacted, that whenever such sums of money, or any part thereof, shall not be collected, and the person to whom said warrant shall be directed shall make affidavit of this, demanding the same two several times of the respective proprietors of such lots of land, or of land under water, as may reside in said city, and that they have neglected or refused to pay the same, or shall make affidavit that the proprietor or proprietors of such lots of land cannot be found in the said city, then and in such case it shall and may be lawful for the Mayor, Aldermen and Commonalty of New York to take order for advertising and selling the said lots of land, or any of them, together with all the rights and privileges thereunto appertaining or belonging, in pursuance of the second section of the act entitled "An act for the more effectual collection of taxes and assessments in the city of New York," and the said second section of the said act shall have the same application, and the like force to all intents and purposes relative to the premises, which it has relative to the premises therein mentioned.

3. And be it further enacted, that every clause, co

venant and condition in the several grants of the Mayor, Aldermen and Commonalty of the said city, to the sal proprietors respectively, and their assigns, shall, notwithstanding this act, retain their full force and validity, and shall be in no manner affected by the same, or by anything to be done or performed in consequence thereof; and the said Mayor, Aldermen and Commonalty shall have, possess and be entitled unto the like payments, rights and remedies by virtue of the said grants, as they might or could have had, or would have been entitled to, if this act had not been passed, and shall not, by the performance of anything herein contained, be deemed to have broken or infringed any of the covenants or conditions on their part contained in the said grants.

NOTE 33.-PAGE 190.

Act of February 25, 1826.

It shall be lawful for the Commissioners of the Land Office, and they are hereby directed, to issue letters patent, granting to the Mayor, Aldermen and Commonalty of the city of New York, and their successors, all the right and title of the people of this State to the lands covered with water along the easterly shore of the North or Hudson's river, contiguous to and adjoining the lands of the said Mayor, Aldermen and Commonalty within the said city of New York, at and from low water mark, and running four hundred feet into the said river, from a point on the east

erly shore of said river to Spuyten Duyvel Creek, otherwise called King's Bridge Creek or Harlem river; and also all the land covered with water along the westerly shore of the East river or sound, contiguous to and adjoining the lands of the said Mayor, Aldermen and Commonalty, at and from low water mark, and extending four hundred feet into the said East river or sound to Spuyten Duyvel creek, otherwise called Harlem river. Provided always that the proprietor or proprietors of the lands adjacent shall have the pre-emptive right in all grants made by the Corporation of the city of any lands under water granted to the said Corporation by this act.

NOTE 34.-PAGE 191.

Act of March 31, 1828, Session Laws, p. 163.—Extension of West street to Great Kill Road.

West street, along the North or Hudson river, as laid out and approved by the Mayor, Aldermen and Commonalty of the city of New York, shall be the permanent exterior street on the North or Hudson river, from the present northerly termination of West street to its intersection with a continuation of the Great Kill Road; and all grants made or to be made by the said Mayor, Aldermen and Commonalty, shall be construed as rightfully made to extend thereto; and all the provisions of an act to reduce several laws relating to the city of New York into

one act, passed April 9, 1813, and the several acts amendatory thereof and in addition thereto, shall be construed to apply to said West street, herein and hereby made the permanent exterior street as aforesaid.

NOTE 35.-PAGE 191.

Act of January 18, 1830.-Battery to Albany Basin.

January 18, 1830.-It was provided "that it should be lawful for the Mayor, &c., of New York, whenever West street should be made between the Albany basin and Battery place (late Marketfield street) in the said city, to alter the plan or direction thereof, as heretofore laid out, approved or agreed upon, in such manner that the line thereof shall run parallel with the line of Washington street; and that the easterly side thereof shall be one hundred and eighty (180) feet distant from the westerly side of Washington street, at the termination of the said streets or Battery place, late Marketfield street, in the said city."

NOTE 36.-PAGE 191.

Act of April 12, 1837, establishing Thirteenth avenue.

The Thirteenth avenue, as laid out on a map made by George B. Smith, City Surveyor, bearing date March tenth,

eighteen hundred and thirty-seven, and approved by the Mayor, Aldermen and Commonalty of the city of New York, by a resolution passed in Common Council, on the twenty-eighth day of March, eighteen hundred and thirtyseven (which map is filed in the office of the Street Commissioner of the city of New York), shall be the permanent exterior street or avenue in the said city, along the easterly shore of the North or Hudson's river, between the southerly line of Hammond street and the northerly line of One Hundred and Thirty-fifth street.

"The several streets of the said city, as laid out on the map or plan, made by the Commissioners appointed by the act entitled 'An act relative to improvements, touching the laying out of streets and roads in the city of New York, and for other purposes," passed April 3, 1807, or as subsequently established by law, southerly of, and including One Hundred and Thirty-fifth street, shall be continued and extended westerly along the present lines thereof, from their present terminations on the said map or plan respectively, to the said Thirteenth avenue. Also, the Eleventh avenue shall be continued and extended on the said map or plan along the present line thereof, from Thirtysixth street to One Hundred and Thirty-fifth street.

"The Mayor, Aldermen and Commonalty of the city of New York shall be, and they are hereby, vested with all the right and title of the people of this State, to the lands covered with water along the easterly shore of the North or Hudson's river, between Hammond street and One Hundred and Thirty-fifth street, and extending from the westerly side of the lands under water heretofore granted to the said Mayor, Aldermen and Commonalty of the city of New York, by letters patent, in pursuance of the act