Resolved, That, pursuant to the provisions of section 205 of the Greater New York Charter, the Commissioners of the Sinking Fund hereby designate the premises Nos. 264 to 268 Madison street, in the Borough of Manhattan, as the place for the holding of the Thirteenth District Municipal Court, on and after May 1, 1904.

The report was accepted and the resolution unanimously adopted.

The Comptroller presented the following report and offered the following resolution, relative to a lease of premises at Nos. 765 and 767 Tremont avenue, for the President of the Borough of The Bronx:

Hon. EDWARD M. GROUT, Comptroller:

APRIL 28, 1904.

SIR-The President of the Borough of The Bronx in a communication under date of April 19, 1904. requests a lease of rooms on the second floor of the building, No. 706 Tremont avenue, Borough of The Bronx, for a term of one year from May 1, 1904, at an annual rental of $1,200, with the privilege of renewal, for the use of the Branch Engineer's office. This is to take the place of the premises at the corner of Wendover and Third avenue, the lease of which will expire on May 1, 1904, and the Engineer of Highways has recommended that the office be given up at its expiration, for the reason that it was difficult to get sufficient heat during the cold weather.

I have caused an examination to be made of the premises and beg to report that the building is known as Nos. 765 and 767 Tremont avenue, not No. 706, as mentioned in the Borough President's letter.

It is a 3-story brick office building, the lower or ground floor being occupied by a bank.

The part to be rented to the City consists of Rooms Nos. 2, 3, 4, 5 and 6, on the second floor, containing an area of 1,650 square feet. The space is well adapted for the purpose, having good light and the ceilings are 11 feet high; the rent asked, $1,200 per annum, is at the rate of 72 cents per square foot, and considering the neighborhood, the quality of the building, the rent is reasonable and I would respectfully recommend that the Commissioners of the Sinking Fund authorize a lease of the Rooms Nos. 2, 3, 4, 5 and 6, having an area of 1,650 square feet, on the second floor of the brick office building Nos. 765 and 767 Tremont avenue, Borough of The Bronx, for a term of one year from May 1, 1904, at an annual rental of $1,200, payable quarterly, with the privilege of renewal on the same terms and conditions, for the use of the Branch Engineer's office of the President of the Borough of The Bronx. Lessor to furnish heat. Lessor, Martin Walter.

Respectfully submitted for approval,

Approved:

MORTIMER J. BROWN, Appraiser of Real Estate in Charge of Bureau.

EDWARD M. GROUT, Comptroller.

Resolved, That the Corporation Counsel be and is hereby requested to prepare a lease to the City, from Martin Walter, of Rooms Nos. 2, 3, 4, 5 and 6, having an area of 1.650 square feet, on the second floor of the brick office building Nos. 765 and 767 Tremont avenue,

Borough of The Bronx, for the use of the President of the Borough of The Bronx, for a term of one year from May 1, 1904, with the privilege of a renewal on the same terms and conditions, at an annual rental of twelve hundred dollars ($1,200), payable quarterly, the lessor to furnish heat-and the Commissioners of the Sinking Fund deeming the said rent fair and reasonable and that it would be for the interests of the City that such lease be made, the Comptroller be and is hereby authorized and directed to execute the same when prepared and approved by the Corporation Counsel, as provided by sections 149 and 217 of the Greater New York Charter.

The report was accepted and the resolution unanimously adopted.

Adjourned.

JOHN KORB, JR., Secretary Pro Tem.

COMMISSIONERS

OF THE

SINKING FUND OF

THE CITY

OF NEW YORK.

Proceedings of the Commissioners of the Sinking Fund, at a Meeting held in Room 16, City Hall, at 11 o'clock A. M., on Wednesday, May 11, 1904.

Present-George B. McClellan, Mayor; Edward M. Grout, Comptroller; Patrick Keenan, Chamberlain; John T. McCall, Chairman Finance Committee, Board of Alder

men.

The minutes of the meetings held April 27 and 29 were approved as printed.

The following communication was received from the Commissioner of Docks, relative to land and land under water in the vicinity of Broad Channel, Jamaica Bay, Borough of Queens, and more particularly known as the northerly part or upper end of Big Egg Marsh; and transmitting map of same for approval:

NEW YORK, April 23, 1904.

Hon. GEORGE B. MCCLELLAN, Mayor, and Chairman of the Commissioners of the Sinking Fund:

SIR-Under a recent opinion from the Corporation Counsel, this Department has assumed jurisdiction over the common lands and marshes which were formerly the property of the Town of Jamaica, but which became the property of The City of New York at the time of consolidation. At that time this property was encumbered by leases granted by the Town Board of the Town of Jamaica, but actions were brought by the City to annul same on the ground of fraudulent granting, and under a compromise in the suit, judgment was entered in the spring of 1903 restoring the said common lands and marshes to the possession of The City of New York.

Several applications have been received for the use of space at the locality in question and many more will no doubt be received in the near future. In order that proper action may be taken upon these applications, it is found necessary to adopt some definite plan or layout, and with that object in view this Department has prepared a plan, which

I have this day adopted and which is transmitted herewith; this plan, it is believed, will give a layout readily adapted to existing conditions in so far as they relate to the location of present houses and it is also adapted to future leasing or assignment of lots or space.

At the time the property was restored to the possession of the City and before the Corporation Counsel decided the same to be under the jurisdiction of this Department, the Commissioners of the Sinking Fund authorized the R. J. Beach Engineering Company to prepare a map showing the layout of the lands. The map as prepared by that company was, I am informed, adopted and approved by the Commissioners of the Sinking Fund, but an examination of same shows it to be not correct in its survey as regards the high-water line, nor does it, in my opinion, give a layout of the lands adapted to the conditions as they exist and as they will undoubtedly develop in the future.

The plan as prepared by this Department and approved by me covers the lands in the vicinity of Broad Channel, Jamaica Bay, Borough of Queens. It is respectfully requested that the same be approved by the Commissioners of the Sinking Fund as a plan for the locality in question, and that any action approving the plan as prepared by the R. J. Beach Engineering Company be rescinded.

When this plan shall have been approved by the Commissioners of the Sinking Fund, it is the intention to place the necessary stakes, monuments, etc., in order to permanently and definitely establish the location of the lots as set out on the plan. Yours respectfully,

Hon. EDWARD M. GROUT, Comptroller:

MAURICE FEATHERSON, Commissioner.

NEW YORK, March 10, 1904.

SIR-I am in receipt of your communication of February 26, 1904, relating to communications received by you from the Secretary of the Department of Docks and Ferries, requesting information as to whether any arrangements had been entered into between the Finance Department and owners of structures located upon land under water of Jamaica Bay.

You state in your communication that, during the year 1903, the Finance Department through the Bureau of City Revenue and Markets collected various rentals from owners of structures erected below high-water mark on Broad Channel, Jamaica Bay, Borough of Queens, for the occupation of land upon which said structures were erected pursuant to the terms of leases granted by lessees of the former Town of Jamaica; that the said rentals have been collected under the provisions of section 151 of the Charter, pursuant to which the Collector of City Revenue and the Superintendent of Markets is authorized to collect rental for the temporary use and occupation of property acquired by the City for public purposes, between the time of the acquisition thereof and the time when the same can be actually utilized for the purposes for which it was acquired.

You further state that the question arises, whether jurisdiction of said land is vested in the Department of Finance or in the Department of Docks and Ferries, and that by reason thereof no rents have been collected since January 1, 1904; that it is important that the question of jurisdiction should be determined at the earliest possible opportunity.

My attention is called to the very broad jurisdictional powers given to the Department of Docks and Ferries by section 818 of the Charter.

You further state that the water-fronts in question are not as yet used for a public

purpose, and that, while no plan for the improvement of the water-front in that locality has as yet been prepared and filed, preliminary surveys have been made with the ultimate object of preparing such plans.

The title to the lands under water in Jamaica Bay was vested by the early colonial charters in the towns fronting upon said bay. By the Greater New York Charter the title to such lands became vested in The City of New York.

Title thereto was in no sense acquired for public purposes and the City holds the same in its private capacity.

The provisions of section 151 of the Greater New York Charter, relating to the collection of rent for the temporary use and occupation of property acquired for public purposes have no application to these lands under water.

The powers and duties vested in the Department of Docks of the Mayor, Aldermen and Commonalty of The City of New York were, by section 817 of the Greater New York Charter, devolved upon and vested in the Department of Docks and Ferries and extended so as to include all the wharf property, lands under water, wharves, piers, bulkheads and structures thereon, situate within the counties of Kings, Queens and Richmond.

By section 818, the Commissioner of Docks is vested with exclusive charge and control of the wharf property of The City of New York as constituted by the Charter, including all the wharves, piers, bulkheads and structures thereon, and waters adjacent thereto, and all the slips, basins, water-fronts, land under water and structures thereon, etc., and with the exclusive charge and control of the repairing, building, rebuilding, maintaining, altering, strengthening, leasing and protecting said property and every part thereof.

Section 827 of the Greater New York Charter provides, among other things, that all rents, fines and penalties and all other money collected by said Commissioner or by his direction shall be paid into the Sinking Fund for the Redemption of the City Debt. I am, therefore, of the opinion that the lands under water, with the structures thereon, referred to in your communication, are under the jurisdiction of the Commissioner of Docks.

I further advise you that all moneys, heretofore collected by your Department. should be placed to the credit of the Department of Docks and Ferries, and all leases of such lands should be transferred to the Department of Docks and Ferries for the collection of any rent that may be now due or will become due in the future.

I herewith return letters from the Secretary of the Department of Docks and Ferries transmitted with your communication.

Respectfully yours,

(Signed)

JOHN J. DELANY, Corporation Counsel.

Note The original of this communication will be found in the files of the Collector of City Revenue, Department of Finance, and numbered 46.

In connection therewith the Comptroller presented the following report of the Engineer of the Department of Finance, and offered the following resolutions:

Hon. EDWARD M. GROUT, Comptroller:

May 3, 1904.

SIR-The Dock Commissioner, in communication of April 23, 1904, submits for the approval of the Commissioners of the Sinking Fund, a map which he that day