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REPORT.

TO THE LEGISLATURE OF THE STATE OF NEW-YORK.

The undersigned RESPECTFULLY

REPORT:

That in continuation of the powers granted to them, by chapters 274 and 360 of the Sessions Laws of 1850, and which are particularly recited in a Report to the Legislature of 1851, (being Assembly Document No. 124) at pages 11, 12, the said Legislature were pleased to pass the following Enactment: Chap. 498 of Session Laws of 1851. Passed July 10, 1851. Page 935.

"The following sums or so much thereof as may be authorised by law, are hereby appropriated to the objects hereinafter expressed for the fiscal year, commencing on the first day of October 1851, and ending on the 30th day of September 1852, both days inclusive, &c."

66

"For completing the three volumes of the 'NATURAL HISTORY OF THE "STATE OF NEW-YORK,' which have been commenced, including pay"ment of salaries to Professors Hall and Emmons, twenty-five thousand dollars, which salaries shall not exceed fifteen hundred dollars per annum, and be subject to such deductions for absence, as the "Committee having charge of the work shall determine, which "Committee shall have power to send for persons and papers, and the Committee are hereby authorized and required to suspend and "terminate any further progress in the above work, beyond complet"ing the three volumes above alluded to, unless they can contract, as suggested in their report of April 1, 1851, by the volume."

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As our estimates for completing the above three volumes, according to contract, amounted to a fraction below thirty thousand dollars (see Report last referred to, page 4 and 5,) and as the present appropriation of twenty-five thousand dollars was additionally burthened with the payment of such salaries as might be determined to be due to Professors Emmons and Hall, it seemed to be our first duty to ascertain and conclude these.

The salary of Professor Emmons had been paid to the 1st of October 1848, and that of Professor Hall to the 1st of April 1849. We called upon each of these gentlemen, for a statement of their claims. Dr. Emmons presented an account for salary, commencing October 1, 1848, and ending August 1, 1851, (deducting from the same, time unemployed in the service of the State, nine months) and subjoined the following to his account: "The above compen"sation is understood to pay the salary in arrears, and satisfy the "whole claim for the completion of the volumes on Agriculture and "Entomology now in hand."

We closed this "account with Dr. Emmons on the above conditions for the sum of three thousand dollars.

Mr. Hall presented an account for salary from April 1, 1849, to October 1, 1851, (two and a half years) deducting therefrom four months of absence, and he further represented that his personal superintendence would still be necessary for several months to come, in order to complete the volume in hand. It is due to Professor Hall to add, that he offered to continue this superintendence at a reduced rate of salary.

We closed this account, on the above conditions, continuing his salary at a reduced rate to February 1, 1852, and also requiring that the payments should be in full of all charges of every descrip tion in the way of salary or compensation, for the sum of thirty-six hundred and twenty-five dollars.

It is proper here to subjoin, that the above respective payments were not made in full, but accompanied with conditions looking to a speedy completion of the volumes in question.

Up to the present time, there has been paid,

To Dr. Emmons, on account of agreement for salary,-- $2,000 00 To Professor Hall, for salary,"

3,125 00

The accounts paid towards the completion of the three volumes named in the law, will be found in detail in Appendix A, and we will here give merely a summary of them.

R. H. Pease, Engraving, Drawing, Lettering, Printing and paper for 3,000 impressions each of plates 2 and 3, of Insects,-

$436 00

R. H. Pease, Plates 4, 5, 6, 7, 8, 9, 10 and 11, of Insects,

1,298 50

R. H. Pease, Plates 12, 13, 14, 15, 16, 17, of Insects, do Plates 18 and 37 of the 2nd volume of

1,168 50

Hall's Paleontology,

John E. Gavit, lettering and printing certain plates for 2nd vol. of Paleontology as per his account,

271 00

866 00

Carried forward,

$4,040 00

The next account presented to us for payment was by Richard H. Pease, as assignee of James Duthie. The subject had been formally brought to our notice in a communication from Dr. Emmons, and on the 15th of September, 1851, we addressed letters to Mr. Pease and Mr. Pease Mr. Gavit respectively, as will be seen in Appendix B. transmitted a copy of his assignment from Mr. Duthie, and Mr. Gavit made a communication, both of which will also be found there. The original articles of dissolution of partnership between Gavit & Duthie will be found in our report to the Legislature, Assembly Document No. 124, dated April 1st, 1851, on pages 25, 26, and the contract of said Gavit & Duthie with the State, on pages 13, 14.

Under these circumstances and being most unwilling to commit the State by any action of ours, to subsequent claims, we determined to refuse payment to Mr. Pease, as assignee, and required Mr. Duthie's own receipt. We hope that this course will meet your approbation, and if not, that we may be early informed, so as to act accordingly.

We continue our enumerations of accounts paid:

Amount brought forward,

R. H. Pease, for coloring sixteen plates of fruits,---S. P. Jermain, charges of transportation on eleven boxes of Geological specimens,

Carried forward.-.

$4,040 00

2,400 00

14 24

$6,454 24

Brought forward,

James Duthie, engraving plates 18, 19, 20, 21 of Insects,

R. H. Pease, Plate A, of Insects on stone, drawing 106 figures on steel and 59 figures on stone, with paper and lettering for Plate A,---

R. H. Pease, engraving on steel plates 35, 35, 36a, 74, 34a, 34 a 36, and on stone plates 20, 37a, 40f. 59, 66 and 78, containing 228 figures and completing the same,

For engraving on steel plates No. 38, 40a, 65, 67, containing 87 figures and completing the same,

$1,704 50

575 00

James Duthie, engraving on steel plates 54, 40a, 39, 2,
3, 4, 5, 6. 8 plates containing 373 figures,--
R. H. Pease, engraving on stone, plate 44 of fruits,
and plates 22 and 23 of insects and engraving on
steel, Plates B. and C. of Insects containing 77
figures and completing the same,- -

R. H. Pease, coloring Dr. Emmons' plates of fruits,
Plates 5, 6, 9d, Sickler, 9d Capument, 11d, 12d, 13d,
14d, 26, 37, 44, 47, 48, 49, 50, 51, 52, 54, 55, 58,
63, 74, 80, 81, 24 plates, 72,000 impressions,--

$6,454 24

318 00

503 00

$2,279 50

1,119 00

748 00

3,600 00

$15,021 74

The account current will therefore stand as follows:

Amount appropriated by law,-

$25,000 00

Amount paid on account of salaries, $5,125 00

Amount paid for work on the three volumes of the Natural History of NewYork,..

15,021 74

20,146 74

Balance remaining in the Treasury,----

$4,853 26

ESTIMATES

Of sums required for completing the three Volumes and for engagements consequent thereon.

SALARIES.

Due as per agreement to Professor Emmons,-
Due as per agreement to Professor Hall,-

$1,000 00

500 00

$1,500 00

VOL. 3, OF DR. EMMONS ON FRUITS.

All the plates are paid for, the printing is all completed, as by certificate of the printer holding the contract, on file with us, and during the year 1851, we have paid for coloring 40 plates of 3,000 impressions each, being a total of 120,000 impressions. Last year, as it will be seen by our report repeatedly referred to (page 27) we paid for coloring 38 plates. Total 78 plates.

In his estimate of work still to be done, on his volumes, Dr. Emmons (see our report, page 56, and again 26) stated expressly that only 50 plates of fruits remained to be colored. We founded a portion of our estimates on this. Being apprehensive, that there might be some inaccuracy in this, or at least being desirous to know how the matter stood at the present time, we requested Mr. Pease to inform us how many plates he has still in hand for the purpose of colouring. We subjoin his answer :

ALBANY, Dec. 29, 1851.

DR. BECK, Dear Sir :-In answer to your inquiry this morning, I will state that I have in hand for Dr. Emmons' volume on Fruits, the following plates to color, for which I have rendered no bill: 6d, 10d, 16, 71, 74, 75, 76, apples, 76, currants, 77, 78, 79, 4d, 33, 36, 64, 65, 68. Making 17 plates, which when colored will complete the volume.

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Here then, it appears that 57 plates required to be colored, and not 50, and that our estimate was not sufficient by seven times one hundred and fifty dollars, or in other words, the sum of two thousand five hundred and fifty dollars is necessary to complete the coloring of the fruits, instead of $1,500 as per estimate.

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