Hon. EDWARD M. GROUT, Comptroller:

NEW YORK, January 20, 1904.

SIR-I am in receipt of your communication of December 28, 1903, addressed to my predecessor, transmitting for consideration an application made to the Commissioners of the Sinking Fund by Mary U. Hoffman for the release of a proviso or condition contained in the deed from the Mayor, Aldermen and Commonalty of The City of New York to the petitioner's grantor, one Elbert Anderson, Jr., of premises known as Nos. 5 and 7 Chambers street, in the Borough of Manhattan, City of New York, dated January 28, 1813, and recorded in the office of the Register of the County of New York, in Liber 105 of Conveyances, page 468, on May 5, 1814, together with the report made to you on the subject by the Bureau of Real Estate of your Department.

The above deed conveyed a certain lot on Chambers street, with a frontage of 38 feet and 8 inches, and contained a restriction as to the erection of buildings upon the southerly end of the said lot. Subsequently the City conveyed to the same grantee an adjoining lot, by deed recorded in Liber 143 of Conveyances, page 289, on May 13, 1820, which said deed contained no such proviso or condition.

I am of the opinion that the interest reserved to the City by said condition contained in above deed is merely nominal.

In pursuance of section 205 of the amended Charter, I certify that the interest of the City in the real estate in the Borough of Manhattan, City of New York, which is bounded and described as follows:

"Southerly in front by Chambers street; easterly by property now or late of William Alburtis; northerly by property now or late also of William Alburtis, and westerly by property late of John Field, containing together on Chambers street. fifty-three (53) feet five and one-half (52) inches; on the easterly side sixty-five (65) feet three (3) inches; on the northerly side seven (7) feet eight (8) inches, and on the westerly side thirty-five (35) feet five (5) inches, be the said several dimensions more or less, and known by the street numbers 5 and 7 Chambers street," -growing out of the proviso or condition contained in the deed from the Mayor, Aldermen and Commonalty of The City of New York to Elbert Anderson, Jr., to wit:

"Provided always and these presents are upon this express condition, that whenever the said party of the second part, his heirs or assigns, shall erect any building upon the southerly end of the said lot of ground hereby granted, he or they shall erect and build such building upon the southerly extremity of the said lot and upon the line of Chambers street, as the same street now runs, and further, that if the said party of the second part, his heirs or assigns, shall erect any building upon the said southerly end of the said lot, contrary to this proviso or condition, that then and in such case these presents and the estate hereby granted shall cease, determine and be of no effect, and the said parties of the first part or their successors may thereupon enter upon the said premises hereby granted and have and possess the same again as of their first and former estate, anything herein contained to the contrary notwithstanding,"

-is a mere cloud on the title of the private owner.

I enclose herewith, approved as to form, releases in triplicate which are to be

executed if the Commissioners of the Sinking Fund shall decide to release such interest of the City in said land.

Respectfully yours,

JOHN J. DELANY, Corporation Counsel.

Hon. EDWARD M. GROUT, Comptroller:

SIR—Mary U. Hoffman, in a verified petition, under date of November 25, 1903, states as follows:

That she is the owner in fee simple of the premises Nos. 5 and 7 Chambers street, in The City of New York, bounded and described as follows:

Southerly in front by Chambers street; easterly by property now or late of William Alburtis; northerly by property now or late also of William Alburtis, and westerly by property late of John Field, containing together on Chambers street fifty-three (53) feet five and one-half (5%) inches: on the easterly side sixty-five (65) feet three (3) inches; on the northerly' side seven (7) feet (8) eight inches, and on the westerly side thirty-five (35) feet five (5) inches, be the said several dimensions more or less. Being the same premises which were convyed to John David Wolfe by Philo T. Ruggles, Master in Chancery, by deed dated March 5, 1846, and recorded March 23, 1846, in the office of the Register of the County of New York in Liber 478 of Conveyances at page 7.

That said premises are also parts of Lots Nos. 3 and 8 on a Map of the Lands of the Corporation of New York made by Stephen Ludlam, City Surveyor, and filed in the Comptroller's office.

That by a deed dated January 28, 1813, by the Mayor, Aldermen and Commonalty of The City of New York, for Lot No. 3 on said map, with a frontage on Chambers street of thirty-eight feet eight inches, to Elbert Anderson, Jr., the deed being recorded in the office of the Register of the County of New York, in Liber 105 of Conveyances, page 468, on May 5, 1814.

That the said deed contained the following condition:

"Provided always and these presents are upon this express condition, that whenever the said party of the second part, his heirs or assigns, shall erect any building upon the southerly end of the said lot of ground hereby granted, he or they shall erect and build such building upon the southerly extremity of the said lot and upon the line of Chambers street as the same street now runs; and further, that if the said party of the second part, his heirs or assigns, shall erect any building upon the said southerly end of the said lot contrary to this proviso or condition, that then and in such case these presents and the estate hereby granted shall cease, determine and be of no effect, and the said parties of the first part or their successors may thereupon enter upon the said premises hereby granted and have and possess the same again as of their first and former estate, anything herein contained to the contrary notwithstanding."

That Lot No. 8 on said map was subsequently conveyed to the same grantee, Elbert Anderson, Jr., by the Mayor, Aldermen and Commonalty of The City of New York by deed dated September 7, 1818, and recorded in the Register's office of the County of New York in Liber 143 of Conveyances, page 289, on May 13, 1820, but that deed to Lot No. 8 contains no such condition as that in deed to Lot No. 3. That 14 feet 91⁄2 inches of the frontage of your petitioner's property above described was comprised within the said Lot No. 8.

The petitioner further states that at a recent proposed sale of said premises, Nos. 5 and 7 Chambers street, belonging to your petitioner, the title was objected to and was claimed by the proposed purchaser to be unmarketable by reason of said proviso or condition as above set forth. The petitioner is advised and believes to the contrary, that said proviso or condition does not any longer so restrict or encumber the title as to render it unmarketable, and to obtain an authoritative decision on the question would require a long and expensive litigation, and an opinion from the Court of Appeals of this State.

That your petitioner is informed and believes that the buildings originally erected upon the southerly end of said premises were placed and still stand upon the southerly extremity thereof and upon the line of Chambers street as it then ran and still runs, and that your petitioner is advised and believes that said proviso or condition has been fully complied with and observed and is now exhausted and of no further force and effect, but that if not there remains in the City at most, only the bare possibility of a reverter on the breach of a condition subsequent, which nere is every reason to believe will never occur, and from which, if it ever did occur, and the consequent forfeiture and divesting of your petitioner's estate, a court of equity would relieve your petitioner. That the City's interest in said premises and real estate, if any, is therefore only such as to be a mere cloud upon the title of a private owner, your petitioner.

I would respectfully recommend that this application be sent to the Corporation Counsel for his opinion as to whether the City's interest in the premises is material or a mere cloud upon the title of a private owner, and if he shall certify that the City's interest is not material, the Commissioners of the Sinking Fund, pursuant to section 205 of the amended Greater New York Charter, may properly authorizea release or quit claim for a nominal consideration to the petitioner, Mary U. Hoffman, of all the right, title and interest of The City of New York to premises known as Nos. 5 and 7 Chambers street, in said City, bounded and described as follows:

"Southerly in front by Chambers street, easterly by property now or late of William Alburtis, northerly by property now or late also of William Alburtis, and westerly by property late of John Field. Containing together on Chambers street fifty-three (53) feet five and one-half (5%) inches; on the easterly side sixty-five (65) feet three (3) inches; on the northerly side seven (7) feet eight (8) inches, and on the westerly side thirty-five (35) feet five (5) inches, be the said several dimensions more or less. Being the same premises which were conveyed to John David Wolfe by Philo T. Ruggles, Master in Chancery, by deed dated March 5, 1846, and recorded March 23, 1846, in the office of the Register of the County of New York in liber 478 of Conveyances, at page 7."

That the petitioner shall produce evidence that all the taxes, assessments and water rates due and unpaid against the property shall have been paid before receiving such release from the City, and I would also recommend that the interest of the City be appraised at the nominal sum of one dollar ($1), and that the expenses of such release, examination, etc., be fixed at one hundred dollars ($100) to be paid by said petitioner before the delivery of such release.

Respectfully submitted for approval,

MORTIMER J. BROWN,

Appraiser of Real Estate in Charge of Bureau.

Resolved, That pursuant to the provisions of section 205 of the amended Greater New York Charter, the Commissioners of the Sinking Fund, by unanimous vote, hereby authorize a release or quit claim, to Mary U. Hoffman, of all the right, title and interest of The City of New York, to premises known as Nos. 5 and 7 Chambers street, Borough of Manhattan, City of New York, bounded and described as follows:

"Southerly in front by Chambers street, easterly by property now or late of William Alburtis; northerly by property now or late also of William Alburtis; and westerly by property late of John Field. Containing together on Chambers street fifty-three (53) feet five and one-half (1⁄2) inches; on the easterly side sixty-five (65) feet three (3) inches; on the northerly side seven (7) feet eight (8) inches; and on the westerly side thirty-five (35) feet five (5) inches be the said several dimensions more or less. Being the same premises which were conveyed to John David Wolfe by Philo T. Ruggles, Master-in-Chancery, by deed dated March 5, 1846, and recorded March 23, 1846, in the office of the Register of the County of New York in Liber 478 of Conveyances at page 7."

-the Corporation Counsel having certified to the Commissioners of the Sinking Fund, under date of January 20, 1904, that whatever interest the City may have in the property is a mere cloud upon the title of the owners.

Resolved, That the interest of The City of New York in and to the same be and is hereby appraised at the nominal sum of one dollar ($1), and the expense of such release, examination, etc., be and is hereby fixed at one hundred dollars ($100), to be paid by the petitioner, and evidence produced showing that all the taxes, assessments and water rates due and unpaid a~ainst the property have been paid before the delivery of such release.

Which resolution was unanimously adopted.

The Comptroller presented the following report of the Collector of City Revenue, relative to premises No. 261 West One Hundred and Twenty-third street, rented to the Hebrew Free School (see minutes 1903, pages 139, 535):

January 28, 1904.

Hon. N. TAYLOR PHILLIPS, Secretary, Commissioners of the Sinking Fund:

SIR-I desire to bring to your notice the matter of rent for the second and third floors of premises No. 261 West One Hundred and Twenty-third street, which floors were leased by the Commissioners of the Sinking Fund to a Mr. Jackson to be used as a Hebrew Free School, the rent to be $20 per month, payable in advance to May 1, 1904.

After continuous efforts we have been able to collect the stated amount to January 1, 1904, but the committee in charge of the school declares it is unable to continue paying this amount, and requests the Commissioners of the Sinking Fund

to reduce the amount to $10 per month from January 1, 1904, to the expiration of the lease, after which time they will be able to increase the amount.

The claim that $300 was expended by them for repairs and alterations is probably correct. About $100 of this amount was spent in the construction of a fire escape which the Building Department insisted upon being erected. The balance was used in altering the rooms.

No doubt some consideration might be given these people who appear to be poor, but sincere, more particularly as the object seems to be in the direction of charity, and if on May 1, 1904, it would appear that they are unable to continue the school with an increased rental, then the premises could be disposed of as the Commissioners deem fit.

Respectfully submitted,

W. T. GOUNDIE, Collector of City Revenue.

In connection therewith the Comptroller offered the following resolution: Resolved, That the Commissioners of the Sinking Fund hereby authorize the Comptroller to sublet the second and third floors of the premises situated at No. 261 West One Hundred and Twenty-third street, Borough of Manhattan, City of New York, leased for the use of the Department of Street Cleaning, which said lease expires on May 1, 1904, to the Hebrew Free School of West Harlem-Chevra Talmud Thora, a corporation organized under the laws of the State of New York, for the months of January, February, March and April, 1904, at the rate of ten dollars ($10) per month, payable monthly in advance; the sub-lessee to keep the premises in repair, with the exception of the roof and outside repairs, and to pay for the Croton water used on the premises.

Which resolution was unanimously adopted:

The following communication was received from the Comptroller, relative to Catharine Market, and turning same over to the Commissioners of the Sinking Fund:

To the Commissioners of the Sinking Fund:

February 2, 1904.

GENTLEMEN-At a meeting of the Board of Health held March 11, 1903, the following preamble and resolutions were adopted:

"Whereas, Various inspections have been made by the Department of Health of certain premises in the Borough of Manhattan, owned by The City of New York and known as Union Market, Catharine Market and Clinton Market; and

"Whereas, As a result of such inspection, said premises have been reported to this Department as being in an unsanitary condition in respect to cleanliness, ventilation and drainage, and the President of the Borough of Manhattan, whose duty it is to maintain and repair such market premises, and the Comptroller, under whose authority the said markets are managed, were duly notified thereof by direction of the Board of Health at a meeting held June 11, 1902; and