Resolved, That the following real estate owned by the City in the Borough of Brooklyn, be and the same is hereby assigned for the use of the Fire Department:

I. Lots 3 and 4 on block 73 of the Eighth Ward, being on the east side of between 18th and 19th streets, and known as Nos. 629 and 631

Fourth avenue,
Fourth avenue.

2. The northerly portion, 50x125 feet of lot No. 7, block 487, of the 31st Ward, being on the northeasterly side of East 23d street, between Voorhies and Emmons

avenues.

The report was accepted and the resolution unanimously adopted.

The Comptroller presented the following report of the Engineer of the Department of Finance and offered the following resolution relative to a piece of city property on West 8th street, Coney Island, assigned to the Exempt Volunteer Firemen's Association, and now required for city purposes:

Hon. EDWARD M. GROUT, Comptroller:

January 13, 1902.

SIR-I beg to call your attention to the condition of a certain piece of Corporation Real Estate in the Borough of Brooklyn, for which application has been made by two different departments, viz.: The Fire Department and the Board of Education. The City owns a plot of land on the east side of West 8th street, Coney Island, 69.5x80 feet, with a building, and the same was formerly used as a Police Station, and acquired by deed dated May 21, 1886, from Paul Bauer.

The Municipal Assembly by resolution 139, approved by the Mayor April 12, 1898, assigned these premises for the use of the Gravesend Exempt Volunteer Firemen's Association during the pleasure of the said Municipal Assembly.

The City is now occupying for the use of the Fire Department a plot and building adjoining the above, which is not City property, and was leased by the former City of Brooklyn at $500 per annum; after consolidation an application to renew this lease was made by the Fire Department, but the rental was considered excessive and in consequence the renewal was authorized by the Commissioners of the Sinking Fund on reduced terms, viz.: $350. (Min. S. F., June 6, 1900, p. 243). No renewal has been signed and the City has been in continuous occupation without paying rent since December 21, 1898.

The Fire Department is desirous of obtaining the property owned by the City (see Minutes Board of Estimate, April 10, 1898, p. 327), and of erecting a modern fire house suitable to its needs, but up to the present time has been unable to obtain possession owing to the action of the Municipal Assembly aforesaid.

The Board of Education has likewise applied for the assignment of this property by resolution of September 25, 1901. (See Minutes Sinking Fund, Octob

P. 372.)

I presume the only body having power to rescind the action of the former Municipal Assembly is the present Board of Aldermen, and it would appear to me that the Commissioners of the Sinking Fund might very properly request the said Board to rescind the assignment of this property to the Gravesend Volunteer Firemen's Association, and turn the same over to the Fire Department.

The anomalous position of the City in owning real estate and yet not being able to use it for City purposes when urgently required should certainly be rectified.

I would also suggest that the Corporation Counsel be requested to advise the Commissioners of the Sinking Fund if there is any other way in which the City may come into possession and occupation of its own, provided the Board of Aldermen do not take favorable action within a reasonable length of time.

I am informed that the Fire Department did make application to the former Municipal Assembly, but that no action was taken.

All of which is respectfully submitted for your consideration.

Respectfully,

EUG. E. McLEAN, Engineer.

Whereas, The Municipal Assembly by resolution 139, approved by the Mayor, April 12, 1898, assigned for the use of the Gravesend Exempt Volunteer Firemen's Association, during the pleasure of the Municipal Assembly, the plot of ground 69.5x 80 feet, with the building thereon, on the east side of West 8th street, Coney Island, formerly used as a Police Station, and

Whereas, By reason of such assignment the City is unable to use its own property, which is urgently needed for Fire Department purposes, and is compelled to lease property immediately adjoining; therefore, be it

Resolved, That the Board of Aldermen be and hereby is requested to rescind the aforesaid resolution and turn the property over to the Commissioners of the Sinking Fund in order that the same may be assigned to a department of the city. The report was accepted and the resolution unanimously adopted.

The Comptroller presented the following report of the Engineer of the Department of Finance and offered the following resolution relative to the rental of rooms in the Germania Savings Bank Building, Borough of Brooklyn, occupied by employes of the former Special Commissioner of Jurors:

Hon. BIRD S. COLER, Comptroller:

November 27, 1901.

SIR-The Germania Savings Bank of Nos. 375 and 379 Fulton street, Brooklyn, through Julius Lehrenkauss, in communication to the Commissioners of the SinkFund, under date of November 21, 1901, states as follows:

"On or about the seventh day of August, 1901, we mailed to the Comptroller of "the City of New York our voucher for $250, being for rent of office in our building “from April 15 to July 15, 1901, occupied by the Commissioners of Jurors, and on Oc"tober 17 we mailed our voucher for the like amount for rent from July 15 to October “15, 1901, for same office and for the same party.

"On the 12th inst we called the Comptroller's attention to the fact that both "vouchers are still unpaid, and received then from the Deputy Comptroller, Mr. Daly, "the information that the matter is somewhat complicated by the litigation now in "progress to determine the Commissioners of Jurors.

"At the same time we have been advised to communicate with you and to re"quest you that a resolution be adopted, permitting our claims to be paid until such a "time as a lease may be duly entered into. In availing ourselves of our duty in this "matter herewith we kindly request you to have such a resolution passed by your hon"orable body, and oblige."

In reply to this I beg to advise you that a lease was made of these premises for the use of the Special Commissioner of Jurors, viz., rooms 20 and 21, in the Savings Bank Building for a term of nine months and fifteen days from July 15, 1899, at $1,000 per annum, and the same was renewed for one year from the expiration of the above on the same terms. This renewal expired May 1, 1901, and no action by the Commissioners of the Sinking Fund has been taken in regard to a further renewal.

By the provisions of Chapter 601 of the laws of 1901, approved by the Governor April 27, 1901, the office of the Special Commissioner of Jurors in the County of Kings was abolished. I am informed, however, that the premises were not vacated on May I. 1901, and are still occupied by employes of the former Special Commissioner of Jurors; D. A. Judge, the former chief clerk, being in charge.

Provision was made in the law above cited as follows:

"Provided, however, that assistants or employes of a Special Commissioner of Jurors, whose office is abolished by this act, may continue in the employment of the "Commissioner of Jurors in the same county until removed."

The office of the Commissioner of Jurors for the County of Kings is now in dispute, and the matter is before the Courts, and the employes occupying these premises have recognized neither of the contestants for the office. The Cit- however, is a holdover tenant under the old lease, and provision should be made by the Commissioners of the Sinking Fund for the payment of the rent, at least for the two quarters already expired, and I would recommend that the Comptroller be authorized to pay or the use and occupation of the same from April 15 to October 15, 1901, at the rate of $1,000 per annum.

As these quarters are not now being used for official city purposes, it would appear to me that some arrangement should be made with the lessors whereby the lease may be cancelled and the premises vacated at an early date.

The offices are fully equipped with furniture, the property of the City.

Respectfully,

EUG. E. McLEAN, Engineer.

Since writing the above the Corporation Counsel has advised the Comptroller. under date of January 9, that the Acting Commissioner of Jurors, who is a de facto officer, has recently been decided by the Supreme Court to be a de jure officer.

The said Commissioner, having taken possession of the office and papers, has now advised the Comptroller, January 11, that he has vacated the said offices.

I am informed that the lessors of the building will accept a payment at the rate of $1,000 per annum up to January 15, 1902, and release the City from all further obligations as a tenant, under the lease.

I would therefore recommend that the Commissioners of the Sinking Fund authorize the Comptroller to pa- for the use and occupation of the said building, at the rate of $1,000 per annum, from April 15, 1901, to January 15, 1902, the lessors in accepting the same to relieve the City from further obligations under the lease. EUG. E. McLEAN, Engineer.

January 16, 1902.

Resolved, That the Comptroller be and is hereby authorized and directed to pay to the Germania Savings Bank of Kings County the rental of rooms Nos. 20 and 21, on the second floor of the Germania Savings Bank Building, Nos. 375 and 379 Fulton street, Borough of Brooklyn, occupied by the employes of the former Special Commissioner of Jurors, from April 15, 1901, to January 15, 1902, at the rate of one thousand dollars ($1,000) per annum. the payment of same to include all claims for rent of these premises against the City of New York which might be enforced under the lease which expired May 1, 1901.

The report was accepted and the resolution unanimously adopted.

The Mayor presented a communication from the Board of Examiners relative to a lease of offices in the Metropolitan Building, No. 1 Madison avenue, Borough of Manhattan.

Mr. A. F. D'Oench, the chairman of the Board of Examiners, appeared before the Board and was heard in regard thereto.

On motion the matter was referred to the Comptroller for consideration and report.

The Mayor presented a communication from the Tenement House Department relative to leases of offices at Nos. 61 and 63 Irving Place, Borough of Manhattan, d in the Temple Bar Building, Borough of Brooklyn, and made a brief explanaon of the circumstances connected with the renting of same.

Commissioner Robert W. De Forest appeared before the Board and was heard in regard thereto.

Discussion followed, and on motion the matter was referred to the Comptroller for consideration and report.

The following opinion was received from the Corporation Counsel relative to the proposed sale of the ferry from the foot of East 42nd street, Borough of Manhattan, to the foot of Broadway, Borough of Brooklyn: (See Min. 1901, p. 538.):

The Commissioners of the Sinking Fund:

January 11, 1902.

SIRS-I am in receipt of a communication from the Secretary of the Commissioners of the Sinking Fund, under date of January 2, 1902, transmitting an extract from the minutes of the meeting of said Commissioners, held December 26, 1901, relative. to the proposed sale of the ferry from the foot of 42d street, Borough of Manhattan, to the foot of Broadway, Borough of Brooklyn.

The extract from the minutes of said meeting consists of a communication from the Secretary of the Board of Docks transmitting to the Commissioners of the Sinking Fund for approval the terms and conditions of the proposed sale of the ferry from the foot of 42d street, Manhattan, to the foot of Broadway, Brooklyn; the form of advertisement of sale of ferry franchise stating the terms and conditions under which the sale would be had; a report by the Engineer of the Department of Finance to the Comptroller relative to the form of advertisement.

It is further stated in said extract of the minutes that said communication, form of advertisement and report of the Engineer of the Finance Department were referred to the Corporation Counsel for an opinion as to whether a sale as proposed would be legal under the circumstances.

It is stated in the report of the Engineer of the Finance Department that the ferry is claimed to be operated under and pursuant to the provisions of Chapter 792 of the Laws of 1897.

I have been informed that no ferry has ever been established by the Mayor, Aldermen and the Commonalty of the City of New York previous to the first day of January, 1898, nor by the City of New York since such date.

I am therefore of the opinion that no sale under the advertisement proposed would be legal.

Yours respectfully,

G. L. RIVES, Corporation Counsel.

Which was referred to the Commissioner of Docks.

Dock Commissioner Hawkes appeared before the Board and stated that he had the matter under consideration and would shortly be able to make a full report in regard thereto.