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DOCUMENT No. 58.

BOARD OF ALDERMEN,

NOVEMBER 17, 1853.

The following report of the Committee on Repairs and Supplies, on the petition of Theodore Hunt, for extra bill on New Court house and Essex market, was received, laid on the table, and directed to be printed.

D. T. VALENTINE, Clerk.

The Committee on Repairs and Supplies, to whom was referred the petition of Theodore Hunt, respectfully

REPORT:

That they have examined the petition which is hereto annexed, and have in their possession the original documents therein referred to.

The petitioner was the mason who performed the mason work in erecting the new Court house in the Park, and the Essex market, during the progress of which some work was performed by him by direction of the Superintendent of Repairs to Public Buildings, with the sanction of the Build

ing Committee, extra of the contract, rendered necessary by circumstances which occurred after the work was in progress, in some instances diminishing the expense of the work, and in others, increasing it. The work has all been completed and accepted by your Honorable Body, and the petitioner prays now an adjustment and settlement of the said matter.

The first is his bill for the extra work on the Court ho se, amonnting to the sum of two thonsand six hundred and seventy dollars and nine cents. The bill which accompanied the petition, sets forth each item in detail, accompanied by the affidavit of the former Superintendent of Repairs to Public Buildings, under whose direction the work was done; the affidavit of the Superintendent is very full, and there seems no doubt but that the work was done, and that the prices are correct. Your Committee has investigated some of the larger items in said bill, one for extra foundation, amounting to about seven hundred dollars, that was occasioned in this way; the contract and specification required the ground to be excavated a certain number of feet, and then the foundation to be laid; but upon removing the old buildings which occupied its site, and digging down the required number of feet in many parts, there were old cesspools and drains which had been filled in with loose stones and rubbish, presenting no safe or sure resting place for the foundation stones; in such cases, the cesspools and drains had to be excavated to their depth, in some instances, ten, fifteen and twenty feet below the original line of the foundation, and the foundation there com menced, making necessary so much stone wall extra of the contract, with necessary additional expense.

Another large item is for cornices in the small rooms and halls of the Court house, amounting to one thousand two hundred and ten dollars and twelve cents. The original plans, specifications and contracts did not call for these cornices, but after the building was erected, these rooms, on account of their high ceilings, presented so unpleasant and disproportioned an appearance, that it was deemed best that the cornices should be added, and any one who will now look at the rooms, cannot help but think that the money was judiciously expended.

Your Committee consider the bill of extra work for the Court house, of two thousand six hundred and seventy dollars and nine cents, to be correct, and recommend its payment.

The next matter is the extra bill of the market. It is proper to state, that this claim was originally presented to the present Superintendent of Repairs to Public Buildings, for his certificate, who, as the greater part of the work was not done during his official term, and as he had no personal knowledge of the items charged as extra, could not give his certificate, but he appointed Mr. Andrew J. Fisher, a mason, and the petitioner selected Mr. Benjamin G. Wells, an architect, to examine the said building, and the said plans and specifications, and to report to said Superintendent the amount which fairly ought to be added to the contract price, and the amount which fairly ought to be deducted therefrom for addition and deductions. They seem to have performed that duty faithfully, and a copy of their report is annexed to the petition, the original being in possession of your Committee. Your Committee have adopted their report, for no investigation which they could give,

would be as satisfactory as the one which those gentlemen, who are experts themselves in the business, have made, visiting and examining the building personally themselves, with the contracts and specification, and examining witnesses in relation to the items.

By that investigation, it was found that the petitinoer had performed work extra of the contract to the amount of five thousand five hundred and seventy-seven dollars and twelve cents, and that there had been omissions, by order of your Honorable Body, to the amount of two thousand and fortynine dollars and eighty-three cents, which should be deducted from the extra bill, leaving a balance of three thousand five hundred and twenty-seven dollars and twentynine cents, due to the petitioner. The said arbitrators have annexed to their report a statement of the items in detail, and also their affidavit of the correctness thereof.

Your Committee therefore recommend that the said balance of three thousand five hundred and twenty-seven dollars and twenty-nine cents, be also paid.

The next item is the interest on the last payment of the Essex market contract, from the time of its completion, being February 1st, 1853 to September 8th, 1853, when it was paid. It is well known that this delay took place on account of the fund having been exhausted, and the delay until stock could be issued and money provided for its payment. This charge seems to be just and correct, and amounts to the sum of two hundred and twenty-eight dollars and seventy-six cents, which your Committee recommend to be paid.

The only remaining item is one hundred dollars paid to the arbitrators for their services in investigating the said

matter, in relation to Essex market. This seems reasonable to your Committee, and they accordingly recommend its payment.

The petitioner also claims damages for being prevented and delayed in finishing the Court House, which your Committee have not thought proper to consider, nor to pass

upon.

Your Committee therefore recommend the following additional appropriations for 1853, viz:

For the payment of Theodore Hunt's bill for extra work in erecting the new Court House in the Park......

For the payment of Theodore Hunt's bill of the balance of extra work in erecting the Essex market, including the interest on the last payment of the contract, and arbitrators' fees.....

$2,670 09

$3,856 05

AN ORDINANCE

Be it ordained by the Mayor, Aldermen and Commonalty of the city and county of New York, in Common Council convened:

That the sum of six thousand five hundred and twentysix dollars and fourteen cents be, and the same is hereby appropriated to pay for work on Essex market, said appropriation to be charged to year 1853.

W. M. TWEED, 7 Committee on
DUDLEY HALEY, S Repairs & Sup's.

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