THE CORPORATION OF THE CITY OF NEW YORK.

Statement, showing the names of Lessees or occupants of the Public Wharves, Piers, and Slips, &c.-CONTINUED.

RECAPITULATION.

Amount uncollected, December 31, 1881.

Amount accrued in 1862..

Amount collected and deposited in the City Treasury, in 1862
Amount of sundry allowances, as detailed on page 68.

Balance uncollected, December 31, 1862.

FORM OF CORPORATION LEASES OF WHARVES, PIERS, SLIPS, AND BULKHEADS,

(Referred to on page 69 of this document.)

WHEREAS, The Legislature of the State of New York have, by various acts by them passed, enacted, that it shall be lawful for the owners of Wharves in the city of New York, to ask and receive to their own use certain rates of wharfage; and have also directed the manner in which the same may or shall be collected: AND WHEREAS, the Mayor, Aldermen, and Commmonalty of the city of New York are owners of several Wharves, Slips, Piers, or Bulkheads, in the city of New York, and are entitled to collect and receive the wharfage and slippage thereof, and have agreed for the consideration and on the conditions hereinafter mentioned, to sell and assign their right to the collection of wharfage at some of them, unto

of the second part, WITNESSETH, That the said parties of the first part, for and in consideration of the rents, covenants, and agreements hereinafter mentioned and contained, on the part and behalf of the said part of the second part heirs, executors, administrators and assigns, to be paid,

done, kept, and performed, have granted, bargained, sold, and assigned, unto the said part of the second part heirs and assigns, all and singular the wharfage which shall or may arise, accrue, or become due, between the first day of May, and the first day of May, for the use or occupation by vessels of more than five tons burthen of any of the Wharves, Slips, Piers, or Bulkheads, hereinafter designated, belonging to the said parties of the first part in the River, or at, in or upon which they are entitled to receive and collect the

wharfage and slippage thereof, viz. : excepting all such Docks, Wharves, Piers, and Slips, or portions thereof as are otherwise leased by the said parties of the first part, or used for ferry purposes In addition to the consideration herein named, the part of the second part agree to pay to the said parties of the first part ten per cent. per annum during the said term, on the amount of all expenses incurred by them in extending the said premises hereby leased. And the part of the second part further covenant that during the continuance of said lease will repair and keep the said Wharves, Piers, or Bulkheads in good repair at own proper cost and charge, and surrender the same at the expiration of said term in as good condition as they are at the time they take possession thereof, the natural wear and decay excepted.

of the second

And the said parties of the first part hereby authorize and empower the said part part so far as such authority can be conferred by the said parties of the first part, and subject to such ordinances of the parties of the first part as are now in force, or may hereafter be adopted by said parties of the first part, to ask, demand, sue for, levy, recover, and receive in the name, to the use, and at the expense of the said part assigns, such wharfage as may, during

of the second part, or

the continuance of these presents, arise, accrue, or become due, from the master or owner, factor or agent of any vessel of more than five tons burthen, which shall, during the continuance hereof, come to, lie at, or use, any of the said Wharves, Slips, Piers, or Bulkheads hereinbefore mentioned

And it is hereby expressly understood and agreed, by and between the parties to these presents, that the said parties of the first part, or their successors, may at any time during the continuance of these presents, set apart for their use, any or all such Wharves, Docks, Piers, or Slips herein before mentioned, as they, the said parties of the first part, may, during the time last mentioned, require; and may, from time to time, pass such ordinances regulating the use of the Wharves, Docks, Piers, and Slips first herein above named as they may deem the public interests require, without any let, suit, trouble, or hindrance from said part of the second part, legal representatives or assigns.

It shall be the duty of the Comptroller of the city of New York, or the person for the time being lawfully administering the office of Comptroller, to notify the said part of the second part, or assigns, in writing, when any part of the said premises is to be taken by the said parties of the first part, or their successors, and from the time of the service of such notice, the right to the part of the said premises so required by the said parties of the first part, or their successors, shall vest in them for all purposes. But in

FORM OF CORPORATION LEASES OF PUBLIC WHARVES, PIERS, &c.-(CONTINUED.)

every such case, it shall be the right of the said part

of the second part, or

assigns, to have an equitable deduction for the future, made from the rate of rent in this lease reserved, to be ascertained and settled by the Comptroller of the city of New York, or the person for the time being lawfully administering the office of Comptroller; and the rent to be thereafter paid by the said part of the second part, or assigns, shall be the balance remaining after the deduction so made, as aforesaid.

And it is hereby expressly understood and agreed by and between the parties to these presents, that all wharfage is to be charged according to the laws of the State, and of the Common Council of the city of New York, as they may be passed from time to time, and by which laws the said part of the second part,

executors

to be governed, and this lease and its conditions are to be subject; and that no wharfage is to be charged or demanded for Hell Gate or Sound Pilot Boats, nor for boats belonging to the ships of war of the United States, or foreign nations, or to the United States Navy Yard or garrisons, nor for street manure or coal-ash boats; and further, that no demand shall be made, nor any compensation received for the occupation of the top or surface of any of the public Wharves or Piers for any purpose whatever. And the said part of the second part, for heirs, executors, administrators, or assigns, do further covenant and agree to and with the said parties of the first part, their successors and assigns, that if the said part of the second part, and administrators, shall and do at any time during the said term, in any manner, either directly or indirectly, grant, assign, transfer and set over, this Indenture, or any part of the rights and privileges hereby demised, to any person or persons whomsoever, or encumber or charge the same, without the leave and consent of the said parties of the first part, or their successors, first had and obtained in writing, under their common seal, then and in that case this Indenture, and everything herein contained, shall cease, determine, and be utterly null and void, anything therein contained to the contrary notwithstanding. AND, ALSO, that the said part of the second part,

execut

ors, adminstrators and assigns, shall and will at all times during the said term, faithfully and diligently observe, conform to, perform, and keep, all and singular, the laws and ordinances which the said parties of the first part have made or passed, or shall hereafter make or pass, relative to the Docks, Wharves, Piers, or Slips, of the said city, and the lying of ships, vessels, or small craft therein, so far as relates to the above premises. And further, that the said parties of the first part reserve to themselves the right to build such new Piers and Bulkheads, and to fill in behind the same, and to repair and cleanse such of the Wharves, Piers, Docks, and Slips, and to designate such places as may be occupied by Steamboats, Ships, and all other vessels as they may think proper, without claim for deduction of rent, or damage, whatever, on the part of the said part of the second part, or those claiming under on any such account. And it is hereby declared by the parties to these presents, that no deduction shall be made from such rent for or on account of any repairs done said Wharves, Piers, or Bulkheads, sickness prevailing in sail city, or any other occurrence whatever, which may happen during the continuance of this agreement, except as herein before stated. And further, that nothing herein contained shall be construed to interfere in any respect with the lease made or to be made of the wharfage of boats or vessels not exceedng five tons burthen, the wharfage of which is separately leased as the Small Boat District.

of the second part, for

and agree

that

heirs, executors,

And the said part administrators and assigns, hereby expressly covenant will, during the continuance hereof, keep the Wharves in good condition and safe and proper repair, including, especially, the string-pieces and other superficial portions thereof, for safe usage, and in default of their so doing at any time, after notice from the Comptroller or other proper officer of the city that such repairs are necessary, and ten days thereafter the said parties of the first part may repair the same, and the said part of the second part heirs, executors, administrators, and assigns, agree to the parties of the first part all expenses of such repairs and interest, damage by the elements alone excepted. And the said part of the second part, for ministrators, and assigns, hereby covenant and agree that cause to be paid, unto the parties of the first part, their successors or assigns, as consideration and rent for the premises aforesaid, and the right to collect wharfage, herein before assigned, the sum of

heirs, executors, adwill pay,

or

dollars, lawful money of the United States, during the said term, in four equal quarterly payments, that is to say, on the first days of August, November, February, and May, the first payment to be made on the first day of August next; PROVIDED ALWAYS, that if the said yearly