FERRY FROM

WHITEHALL TO STATEN ISLAND.

THIS INDENTURE, made the 15th day of May, 1856, between the Mayor, Aldermen, and Commonalty of the city of New York, of the first part, and Jacob L. Smith, of the second part-witnesseth: Whereas, under and in pursuance of the 7th section of the act entitled "An act further to amend the Charter of the City of New York," passed April 12, 1853, the Comptroller of the city of New York caused previous notice to be given in the Corporation newspapers, printed and published in the city of New York, for thirty days preceding the day of sale, of his intention to sell, by public auction, all that certain ferry lease, from the slip at the foot of Whitehall street, East river, to Staten Island, for ten years, from the first day of May, 1855 and whereas, in pursuance of said last-mentioned notice, a ferry lease, from the slip at the foot of Whitehall street, East river, to Staten Island, was duly advertised to be sold to the highest bidder; and same having been, on the 15th day of May, 1855, set up to be sold by public auction in the city of New York, subject to certain conditions expressed in the terms of sale, and hereinafter particularly mentioned; and the said Jacob L. Smith, having bid the yearly rent of $5,100 for said premises, and no other person having bid so much, the said Jacob L. Smith was thereupon declared the highest bidder, and the the lessee of said premises, at said annual rent of $5,100, which said conditions are in the words and figures following, viz. :

This sale will embrace only the ferry slip between Pier No. 1, East river, now occupied by the United States, and the pier west of Pier No. 1, built for the purpose of a ferry to Staten Island, including the latter pier, except such portions of the surface of the pier on the west side thereof as may be required for the accommodation of a boat-house and landing-place for small boats from Governor's Island, and from public vessels of the United States and of foreign governments, according to a plan now under consideration in the Common Council; it being distinctly understood that this ferry grant is to confer no privilege to occupy any portion of the water on the west side of said pier, but that the same is reserved to be rented or used temporarily by the Corporation of the city of New York, until the same is otherwise disposed of by the Common Council in altering the line of the Battery wall, establishing a second ferry slip, or, until interfered with by the operations of the contractor in completing the wall of the Battery enlargement.

It is also to be understood that the ferry grant is not to interfere with Pier No. 1, by landing on it, but that the United States Government is to have the sole use of that pier according to the terms of their lease, and as the same has been occupied by them.

The lease to contain covenants for the usual ferry franchise from the foot of Whitehall street to the Quarantine Dock on Staten Island, or such convenient place as may be selected by the lessee, to be approved of by the Mayor and Common Council.

Also that the lessee will provide safe and convenient steam ferry-boats, adapted to the navigation between the

city and island; that suitable, convenient, and comfortable ferry-houses shall be erected and maintained during the term of the lease at the several ferry landings, for the shelter and accommodation of passengers; that the docks and slips occupied by the lessee shall be kept in good repair and secure condition for the protection of passengers and property, with such other covenants as may be required by any act of the Common Council, provided the same be passed in time to have notice given at the auction sale.

Also, covenants on the part of the lessee that he will conduct and manage the said ferry agreeably to such rules, regulations, ordinances, or by-laws, as now are or may hereafter from time to time be made or passed by the Common Council or State Legislature.

The grant of this ferry is not to interfere with the right of the Corporation to grant other ferries to and from Staten Island, or to and from any other place.

Security for the faithful performance of all the covenants will be required, to be approved of by the Mayor and Comptroller.

Now, therefore, this indenture witnesseth, that the said parties of the first part, for and in consideration of the rents, covenants, premises, articles, and agreements hereinafter mentioned, reserved, and contained, on the part and behalf of the said party of the second part, his executors, administrators and assigns, to be paid, performed, observed, fulfilled, and kept, have granted, demised, and to farm let, and by these presents do grant, demise, and to farm let, unto the said party of the second part, his executors, administrators, and assigns, all that certain ferry, ferry-houses, pier, slip, and bulkhead west of Pier No. 1,

East river, with the appurtenances, situate, lying, and be ing in the first ward of the city of New York, at the foot of Whitehall street, lying westerly of Pier No. 1: the said premises and bulkhead to be used for the accommodation of the ferry hereinafter mentioned; together with the right of ferrying and transporting passengers, horses, carriages, and freights to and from the same premises, and, by means thereof, to and from the dock on Staten Island now used as a landing-place for such purposes by the Staten Island Ferry Co., or such other convenient place as may be selected by the lessee, to be approved of by the Mayor and Common Council of the city of New York, and from thence back again to the said premises herein and hereby demised and all that certain pier now used by the Staten Island Ferry Co. (except such portions of the surface of the pier on the west side thereof asmay be required for the accommodation of a boat-house and landing-place for small boats from Governor's Island, and from public vessels of the United States and of foreign governments, according to a plan now under consideration in the Common Council: it being distinctly understood that this ferry grant is to confer no privilege to occupy any portion of the water on the west side of said pier, but that the same is reserved to be rented or used temporarily by the Corporation of the city of New York, or until the same is otherwise disposed of by the Common Council in altering the line of the Battery wall, establishing a second ferry slip, or until interfered with by the operations of the contractors in completing the wall of the Battery enlargement.

It is also expressly understood and agreed, that this ferry grant is not in any manner to interfere with Pier No. 1, by landing on it, but that the United States Govern

ment is to have the sole use of that pier, according to the terms of their lease, and as the same has been occupied by them; to have and to hold the said above mentioned and described premises, with the appurtenances, unto the said party of the second part, his executors, administrators and assigns, from the 1st day of May, A. D. 1855, for and during and until the full end and term of ten years from thence next ensuing, and fully to be completed and ended, yielding and paying therefor, unto the said parties of the first part, their successors and assigns, yearly, and every year during the said term hereby granted, the annual rent or sum of $5,100, lawful money of the United States of America, payable quarterly on the usual days for the payment of rent in the city of New York, that is to say, onefourth part on the first day of August, November, February, and May, in each and every year during said term.

Provided, and these presents and the premises hereby demised are upon this express condition, that if it should so happen that the said yearly rent above reserved, or any part thereof, should be behind or unpaid for the space of ten days after any of the days of payment on which the same, or any part thereof, ought to be paid, as aforesaid, or if default shall be made in the performance of any covenant herein contained, on the part and behalf of the said party of the second part, his executors, administrators and assigns, to be paid, kept, or performed, thence and from thenceforth, it shall and may be lawful for the said parties of the first part, their successors or assigns, into and upon the said demised premises, and every part thereof, wholly to re-enter, and the same to have again, repossess and enjoy, as in their first and former estate, in the manner prescribed by law, any thing hereinbefore contained to the contrary, in any wise, notwithstanding.