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It is my opinion that this section of the Charter requires that the Commissioners of the Sinking Fund should, by resolution in writing, authorize contracts, agreements, deeds, conveyances, leases and other undertakings on your part before you advertise or take steps toward the making of such contracts, agreements, deeds, conveyances, leases, etc., when such steps entail upon the city an expense, and that after said contracts, agreements, deeds, conveyances, leases and other instruments have been prepared, advertised and the terms thereof agreed upon or determined, including the price, that such contracts, agreements, deeds, conveyances, leases and other instruments should then be resubmitted to the said Commissioners of the Sinking Fund, and said contracts, including the terms, conditions and prices thereof, approved by resolution in writing by the said Commissioners of the Sinking Fund.

This form of procedure was required to be followed by the Street Cleaning Department, whose contracts were required to be approved as to terms and conditions by the Board of Estimate and Apportionment, the court holding that such a provision of the Charter required the approval of the Board of Estimate and Apportionment as to everything in the contract, including the price.

(See People ex rel. Merz Co. vs. Waring, 5 Appellate Division, 311.)

This, I believe, to be the intention expressed in the Charter, because said section 816a applies not only to contracts, but to deeds, conveyances and leases, and there is little doubt that the Commissioners of the Sinking Fund should pass upon the terms, provisions and prices in such deeds, conveyances and leases.

Respectfully yours,

(Signed) G. L. RIVES, Corporation Counsel.

Resolved, That pursuant to the provisions of section 816a of the amended Greater New York Charter, the Commissioners of the Sinking Fund hereby approve of the terms and conditions of proposed contract No. 721, for furnishing Manila rope, as submitted by the Commissioner of Docks under date of January 22, 1902.

Resolved, That pursuant to the provisions of section 816a of the amended Greater New York Charter, the Commissioners of the Sinking Fund hereby approve of the terms and conditions of proposed contract No. 722, for furnishing sand and broken stone, as submitted by the Commissioner of Docks under date of January 22, 1902.

Resolved, That pursuant to the provisions of section 816a of the amended Greater New York Charter, the Commissioners of the Sinking Fund hereby approve of the terms and conditions of proposed Contract No. 723, for furnishing about 500 white oak piles, as submitted by the Commissioner of Docks under date of January 22, 1902. The report was accepted and the resolutions unanimously adopted.

On motion of the Mayor, Contract No. 724, for dredging on the North river, between West Thirteenth and West Fifteenth streets, was referred back to the Commissioner of Docks, with a copy of the report of the Engineer of the Departmen Finance.

The Comptroller presented the following report and offered the following resolution relative to premises at Nos. 1909-1911 Amsterdam avenue, Borough of Manhattan, leased for the Topographical Bureau of the Board of Public Improvements:

Hon. EDWARD M. GROUT, Comptroller:

January 31, 1902.

SIR-In a communication, dated January 22, 1902, you are informed that President Cantor, of the Borough of Manhattan, will have no further use for the offices on the second floor of the building 1909-1911 Amsterdam avenue, leased by the Commissioners of the Sinking Fund by resolution of July 17, 1901, for the use of the Topographical Bureau of the Board of Public Improvements.

This lease is for a term of three years from September 26, 1901, at $2,500 per annum, the owner to furnish steam heat.

As I know of no other use to which these premises could be applied I would recommend that they be placed in the custody of the Collector of City Revenue with authority to sublet for the unexpired term of the lease.

Approved: E. M. GROUT.

Respectfully,

EUG. E. McLEAN, Engineer.

Resolved, That the Comptroller be and he is hereby authorized to take such steps as may be necessary to sublet the premises formerly occupied by the Topographical Bureau of the Board of Public Improvements on the second floor of the building Nos. 1909-1911 Amsterdam avenue, Borough of Manhattan, leased for a term of three years from September 26, 1901.

The report was accepted and the resolution unanimously adopted.

The Comptroller presented the following statement and resolution relative to fines payable to the New York Society for the Prevention of Cruelty to Children: February 4, 1902.

Hon. EDWARD M. GROUT, Comptroller:

SIR-The following fines for cruelty to children were imposed and collected by the Court of Special Sessions, First Division, in the month of January, 1902, viz.:

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The returns of the court show that the above cases were prosecuted by the officers of the New York Society for the Prevention of Cruelty to Children.

Pursuant to section 5, chapter 122, Laws of 1876, the amount of said fines is payable to the said Society.

The total amount, as above, was deposited in the City Treasury to the credit of the Sinking Fund for the Payment of the Interest on the City Debt.

Respectfully,

I. S. BARRETT, General Bookkeeper.

Resolved, That a warrant payable from the Sinking Fund for the Payment of Interest on the City Debt be drawn in favor of the New York Society for the Prevention of Cruelty to Children, for the sum of one hundred and fifty dollars ($150), being the amount of fines for cruelty to children imposed and collected by the Court of Special Sessions, First Division, in the month of January, 1902, and payable to the said Society pursuant to section 5, chapter 122, Laws of 1876.

Which resolution was unanimously adopted.

The Comptroller presented the following statement and resolution relative to fines payable to the American Society for the Prevention of Cruelty to Animals: February 4, 1902.

Hon. EDWARD M. GROUT, Comptroller:

SIR-The following fines for cruelty to animals were imposed and collected by the Court of Special Sessions, First and Second Divisions, in the month of January, 1902:

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The total amount of above fines has been deposited in the City Treasury to the credit of the Sinking Fund for the Payment of the Interest on the City Debt.

Pursuant to section 6, chapter 420 of the Laws of 1888, the amount of these fines is payable to the American Society for the Prevention of Cruelty to Animals.

Respectfully,

I. S. BARRETT, General Bookkeeper.

Resolved, That a warrant payable from the Sinking Fund for the Payment of the Interest on the City Debt be drawn in favor of the American Society for the Prevention of Cruelty to Animals, for the sum of two hundred and sixty dollars ($260), being the amount of fines for cruelty to animals, imposed and collected in Court of Special Sessions, First and Second Divisions, in the month of January, 1902, and payable to the said society pursuant to section 6, chapter 420 of the Laws of 1888. Which resolution was unanimously adopted.

The Comptroller presented the following statement and resolution relative to fines payable to the Medical Society of the County of New York:

Hon. EDWARD M. GROUT, Comptroller:

February 4, 1902.

Sir-On January 10, 1902, in Court of Special Sessions, First Division, one Angelina Cobucci was convicted and fined $50 for illegally practising medicine. The case was prosecuted by the Medical Society for the County of New York; the fine was paid in court and the amount thereof deposited in the City Treasury to the credit of the Sinking Fund for the Payment of the Interest on the City Debt.

Pursuant to section 153, chapter 661, Laws of 1893, the amount of said fine is payable to the said society.

Respectfully,

I. S. BARRETT, General Bookkeeper.

Resolved, That a warrant payable from the Sinking Fund for the Payment of the Interest on the City Debt be drawn in favor of the Medical Society of the County of New York, for the sum of fifty dollars ($50), being the amount of fine for violation of the Medical Law imposed upon and collected from Angelina Cobucci by the Court of Special Sessions, First Division, in the month of January, 1902, and payable to the said society pursuant to section 153, of chapter 661, Laws of 1893.

Which resolution was unanimously adopted.

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The Comptroller presented the following statement and resolution relative to fines payable to the Dental Society of the State of New York:

February 4, 1902.

Hon. EDWARD M. GROUT, Comptroller:

SIR-The following fines for illegally practising dentistry were imposed and collected by Court of Special Sessions, First Division, in month of January, 1902, viz.: January 3, Charles S. Keller.....

January 6, Louis Froman.

January 24, Samuel J. Arkin...

January 31, Brunado Schott (paid warden Work House)...

$50 00

50 00 100 00 100 00

$300 00

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The above cases were prosecuted by the attorney for the Dental Society of the State of New York, and pursuant to section 164, chapter 661, Laws of 1893, the said society is entitled to the amount of said fines.

The amount collected was deposited in the City Treasury to credit of the Sinking Fund for the Payment of the Interest on the City Debt,

Respectfully,

I. S. BARRETT, General Bookkeeper.

Resolved, That a warrant payable from the Sinking Fund for the Payment of the Interest on the City Debt be drawn in favor of the Dental Society of the State of New York for the sum of three hundred dollars ($300), being the amount of fines for illegally practising dentistry, imposed and collected by the Court of Special Sessions, First Division, in the month of January, 1902, and payable to the said society pursuant to section 164, chapter 661, Laws of 1893.

Which resolution was unanimously adopted.

The Comptroller presented the following statement and resolution relative to fines for violation of the Agricultural law:

Hon. EDWARD M. GROUT, Comptroller:

February 4, 1902.

Sir-The following fines for violation of Agricultural law have been imposed and collected by the Court of Special Sessions, Second Division, in the month of January, 1902, viz.:

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