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the sum of $6.31, which said lot was thereafter leased to the City hundred years.

"Third-All that certain lot known as and by Parcel N roll for the opening of Cortlandt avenue, in the late Tow first Ward, Borough of Brooklyn, City of New York, v Gravesend, at a sale for unpaid assessments, held on the sum of $20.17, which said lot was thereafter leas hundred years.

Resolved, That the minimum or upset pr praised and fixed at one hundred and twenty-f

"Resolved, That the Mayor and City authorized to execute a confirmatory dee ment of the sum of one hundred and tw the City authorized to collect the sam

The report was accepted and

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ayment of the es and associations Sessions, First and

atement submitted and pay

.W,
Children.

viz.:

to Animals.

$205.00

The Comptroller presen' lution relative to fines pay to Children, American S

ety of the Count of Ne and Game Commissi

Hon. EDWARD M.

SIR-The f

Second Divisi

animously adopted.

400 00

150 00

100 00

60 00

- presented the following statement and offered the following resoe refunding of amounts overpaid for Street Vault Permits:

payable, purs

DECEMBER 12, 1904.

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No

wing applications for the refund of amounts overpaid for Street

N

.. are respectfully submitted, viz.:

,, cant and Location.

Overpaid.

Appell, southwest corner Ninth avenue and Twenty-third street and west side of Ninth avenue, south of Twenty-third street....

A York Mutual Gas Light Company, west side of Avenue D, 91 feet

orth of Twelfth street..

Total

$262 28

4.55

$266 83

tions is accompanied by the affidavit of the owner and a ertified by the Superintendent of Highways, and apblic Works and the President of the Borough of

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applications were received from the Radway Corporation and the Telegraph Company, for a refund of amounts paid for street vault nd taken by the City in connection with the construction of the Rapid Subway:

SEPTEMBER 22, 1904.

To the Commissioners of the Sinking Fund, No. 280 Broadway, New York:

GENTLEMEN-I beg to call your attention to the following matter: On June 29, 1898, my clients, Messrs. Radway & Co. (Incorporated), applied for and obtained a permit for the construction of a vault in front of their building No. 55 Elm street, and paid therefore the sum of $868, being at the rate of $2 per square foot for 434 square feet. Subsequently and in the spring of 1903, said vault was taken by the City for the construction of the underground Rapid Transit Railway and pipe galleries. A portion of it has since been restored, but Radway & Co. have now the full use of only 56.07 square feet and the partial use of 40.05 square feet. By the full use, I mean there is a clear space from the floor of the cellar to the vault lights. By the partial use I mean that a portion of the underground structure projects upward from the floor some six or eight feet so that only the upper portion of the vault is clear.

It seems proper therefore that the amount paid by Radway & Co., as aforesaid, should be refunded to them, excepting for the space of which they have the full use, at the rate of $2 per square foot, amounting to $112.14, and for the space of which they have the partial use at the rate of $1 per square foot, amounting to $40.05; total, $152.19; leaving the balance which I claim should be refunded, $715.81, and I would respectfully ask that this Commission authorize the refunding of the same.

As a precedent for such action, I beg to refer to the action of the Commissioners of the Sinking Fund, in December, 1901, in regard to a similar claim made by the owners of Puck Building, reported in rinutes of the Commissioners for the year 1901,

To Forest, Fish and Game Commission (section 187, chapter 20, Laws of 1900, as

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Resolved, That warrants payable from the Sinking Fund for the Payment of the Interest on the City Debt, be drawn in favor of the following societies and associations for amount of fines imposed and collected by Court of Special Sessions, First and Second Divisions, in the month of November, 1904, as per statement submitted and payable to the said societies and associations pursuant to law, viz.: New York Society for the Prevention of Cruelty to Children.. American Society for the Prevention of Cruelty to Animals.

Medical Society of the County of New York...

Dental Society of the State of New York..

Forest Fish and Game Commission.....

Which resolution was unanimously adopted.

$205 00

400 00

150 00

100 00

60 00

The Comptroller presented the following statement and offered the following resolution relative to the refunding of amounts overpaid for Street Vault Permits:

DECEMBER 12, 1904.

Hon, EDWARD M. GROUT, Comptroller:

SIR-The following applications for the refund of amounts overpaid for Street Vault Permits are respectfully submitted, viz.:

Applicant and Location.

Overpaid.

Jacob Appell, southwest corner Ninth avenue and Twenty-third street and
west side of Ninth avenue, south of Twenty-third street.....
New York Mutual Gas Light Company, west side of Avenue D, 91 feet
north of Twelfth street.

$262 28

4 55

Total

$266 83

Each of the above applications is accompanied by the affidavit of the owner and a certificate of a City Surveyor, certified by the Superintendent of Highways, and approved by the Commissioner of Public Works and the President of the Borough of Manhattan.

The amounts paid were deposited in the Sinking Fund for the Redemption of the City Debt No. 1.

Respectfully,

I. S. BARRETT, Bookkeeper.

Resolved, That warrants payable from the Sinking for the Redemption of the City Debt No. 1, be drawn in favor of the following persons, refunding them the amount overpaid by them severally for permits to build street vaults in front of premises as per statement submitted, viz.:

Jacob Appell ...

New York Mutual Gas Light Company.

Which resolution was unanimously adopted.

$262 28 4 55

The following applications were received from the Radway Corporation and the Western Union Telegraph Company, for a refund of amounts paid for street vault privileges, and taken by the City in connection with the construction of the Rapid Transit Subway:

SEPTEMBER 22, 1904.

To the Commissioners of the Sinking Fund, No. 280 Broadway, New York:

GENTLEMEN-I beg to call your attention to the following matter: On June 29, 1898, my clients, Messrs. Radway & Co. (Incorporated), applied for and obtained a permit for the construction of a vault in front of their building No. 55 Elm street, and paid therefore the sum of $868, being at the rate of $2 per square foot for 434 square feet. Subsequently and in the spring of 1903, said vault was taken by the City for the construction of the underground Rapid Transit Railway and pipe galleries. A portion of it has since been restored, but Radway & Co. have now the full use of only 56.07 square feet and the partial use of 40.05 square feet. By the full use, I mean there is a clear space from the floor of the cellar to the vault lights. By the partial use I mean that a portion of the underground structure projects upward from the floor some six or eight feet so that only the upper portion of the vault is clear.

It seems proper therefore that the amount paid by Radway & Co., as aforesaid, should be refunded to them, excepting for the space of which they have the full use, at the rate of $2 per square foot, amounting to $112.14, and for the space of which they have the partial use at the rate of $1 per square foot, amounting to $40.05; total, $152.19; leaving the balance which I claim should be refunded, $715.81, and I would respectfully ask that this Commission authorize the refunding of the same.

As a precedent for such action, I beg to refer to the action of the Commissioners of the Sinking Fund, in December, 1901, in regard to a similar claim made by the owners of Puck Building, reported in rinutes of the Commissioners for the year 1901,

pages 502 to 505. A claim based on the foregoing facts has heretofore been filed with the Comptroller, and the Secretary of Radway & Co. has been examined before the Auditor in regard to the same, and all the papers containing full information and proof are now in the custody of the Division of Law and Adjustment in the Comptroller's office.

Very respectfully yours,

GEORGE I. WOOLLEY.

NEW YORK, September 23, 1904.

The Sinking Fund Commission of New York City, No. 280 Broadway, New York City: DEAR SIRS-By referring to records in this office we find that in November, 1872, this company paid The City of New York the sum of $844.75 for vault privileges on the northwest corner of Broadway and Dey street.

The records of the Bureau of Highways show that two payments were made, viz.: November 21, 1872, $738.25, and November 23, 1872, $106.50. In view of the fact that the construction of the station for the Rapid Transit Subway has deprived us of the entire vault space paid for as shown above, we request that said sum of $844.75 be refunded to us.

Very respectfully,

A. R. BREWER,

Secretary, Western Union Telegraph Company.

In connection therewith the Comptroller presented the following report and offered the following resolution:

In the Matter
of

Claim No. 31,753 of the Radway Corporation for the refund of $715.81, being a portion of the amount paid by said corporation for the privilege of constructing a vault under the sidewalk in front of the premises No. 55 Elm street, Borough of Manhattan; and of the similar application of the Western Union Telegraph Company, not entered as a claim, for the refund of $844.75 paid by it for the privilege of constructing a vault under the sidewalk at the northwest corner of Broadway and Dey street, Borough of Manhattan.

Hon. EDWARD M. GROUT, Comptroller:

NOVEMBER 23, 1904.

SIR-The Radway Corporation has filed in this Department a claim No. 31.753 for the refund to it of the sum of $715.81, being a portion of the amount paid by it for the privilege of constructing a vault under the sidewalk in front of its building,

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