second part at a yearly expense to the parties of the first part, not exceeding fifteen dollars for supplying each of such lamps with gas, and lighting the same. And it is further agreed, that the said parties of the second part shall furnish at their own expense, the necessary conductors of metal of sufficient capacity to the lamp posts of such public lamps as they may be required to supply with gas and light as aforesaid; and that the light of the said lamps shall be of a quality, brilliancy or intensity equal to the gas in use for the public lamps in the city of London. It is understood, however, that the parties of the first part, are to be at the expense of such lamps, with their lamp-irons, lamp-posts and fittings up, but at no other expense for fixtures, conductors, repairs, or on any other account whatsoever for the same. And it is further agreed, that the said parties of the second part shall, at all times, give forty-eight hours' notice to the said parties of the first part or their Street Commissioner of their intention to break up or open any street, avenue or public place or part thereof, or to remove any part of the pavement therefrom, for the purpose of laying or repairing the pipes to conduct the said gas, and that they will replace the earth which they may remove in so doing, before sunset of the day on which such opening shall be made, and that they will replace the pavement and repave and repair the same in such reasonable time and manner as the said parties of the first part, or their Street Commissioner may direct, and in as good and firm a manner as such streets, avenues or public places or parts thereof were in before being broke up for the purpose aforesaid. Also, that all such repairs as shall at any time become necessary by reason of laying the said pipes or conductors, shall be made and done by the said parties of the second part, at their own cost and expense. Also, that no such street, avenue or public place or part thereof, shall be so broken up or opened, or the pavement thereof removed, or shall be again filled up or repaired, or such pavement replaced, except under the direction and supervision of a competent person to be appointed by the said Street Commissioner, and who shall be considered as in the employ of the said parties of the first part; but who shall be paid for his services by the said parties of th second part, such sum as the said Street Commissioner may direct, not exceeding one dollar and fifty cents per diem, for each day that he may be so employed. Also, that no such street, avenue or public place or part thereof, shall be so broken up or opened, or the pavement thereof removed at any time between the first of December and the first of March, during the continuance of the term mentioned in these presents,

without the consent of the said Street Commissioner being first obtained for that purpose.

And it is further agreed, that the said parties of the second part shall and will so conduct their manufactory or manufactories of gas as not to create a nuisance; and that they will, in all things, be governed by such reasonable and necessary rules and regulations as the said parties of the first part or their successors, may, from time to time, pass, ordain and establish, relative to the opening of such streets, avenues or public places, or parts thereof, and laying down the pipes and conductors aforesaid.

And it is hereby expressly provided that nothing herein contained, shall be construed or deemed as granting to the said parties of the second part, any sole or exclusive right or privilege, or as preventing the said parties of the first part from granting the like privileges as are hereby given to the said parties of the second part, to any other company, persons or parties whatsoever, or as preventing any person or persons residing in, or adjacent, or near to any of the said streets, avenues or public places, or parts thereof, lying north of the line herein before first mentioned, from erecting in or upon his or their own premises any building or apparatus, to light with gas, his or their own house, store, manufactory or premises. And it is further provided, and these presents are upon the express condition, that if the said parties of the second part or their successors, shall not well and truly observe, perform, fulfill and keep all and singular, the covenants and conditions hereinbefore contained, on their part and behalf to be observed, performed, fulfilled and kept, according to the true intent and meaning of these presents, then and in that case, it shall and may be lawful for the said parties of the first part, by a resolution or order to be passed in Common Council, to annul and vacate this grant, and thereupon the premises hereby demised shall be re-vested in the said parties of the first part, or their successors, as fully and completely as if this indenture had never been executed.

In witness whereof, to one part of this indenture, remaining with the said parties of the first part, the said parties of the second part, have caused the common seal of the said the Manhattan Gas Light Company to be affixed, and to the other part thereof, remaining with the said parties of the second part, the said parties of the first part have caused the common seal of the city of New York to be affixed the day and year above written.

[L. S.]

LAMBERT SUYDAM,

President M. G. L. Co

MANHATTAN GASLIGHT COMPANY'S CONTRACT.

THIS INDENTURE, made the first day of May, in the year of our Lord one thousand eight hundred and forty-eight, between the Mayor, Aldermen and Commonality of the city of New York, of the first part, and the Manhattan Gaslight Company of the second part, witnesseth: That the said parties of the first part, for and in consideration of the covenants, articles and agreements, hereinafter mentioned on the part of the said parties of the second part, and their successors, to be observed, performed and kept, do hereby grant and demise, to the said parties of the second part, and their successors, the privilege and right to lay or place under ground, pipes in any or all the streets, avenues, and public places of the city of New York, comprised between a line commencing at the East river, at the foot of Grand street, and running through the middle of Grand street, to Sullivan street, and through the middle of Sullivan street, from Grand street to Canal street, and through the middle of Canal street, from Sullivan street to the North or Hudson river, and a line commencing at the East river, at the foot of Forty-second street, on the north side thereof, and running parallel with said street to the North or Hudson river, and embracing both sides of said street, and in any, or every part of any such street, avenue, or public place, for the purpose of conducting gas, commonly called inflammable gas, for lighting the public lamps, in the said streets, avenues and public places and parts thereof, as hereinafter mentioned, and for lighting the houses and buildings, fronting, or to front on, or bounded by or adjacent to the said streets, avenues and public places, or parts thereof. To have, hold, use and enjoy the said right and privilege, with the said parties of the second part, and their successors, from the day of the date of these presents, until the fifth day of May, which will be in the year one thousand eight hundred and sixty-eight; provided always, and these presents are upon this express condition, that they, the said parties of the second part, and their successors, shall and do, in all things well and sufficiently keep, perform and observe all and singular, the covenants, articles, agreements, provisions, stipulations, on their part, to be kept, performed, and observed, as here. inafter specified. And the said parties of the second part, in consideration of the premises, do for themselves and their successors, covenant and agree, to and with said parties of the first part, and their successors, as follows, that is to say: that any gas house, or works for the manufactory of such gas, which the said parties of the second part, hereafter may use, or erect and establish in the city of New York, shall be located, erected and established, on the margin of either the Hudson or the East river

and not south of Fourteenth street, in the said city, and that all pipes for conducting the gas, which the parties of the second part may cause to be laid, shall be of sufficient capacity, and made and constructed of the best materials, of cast iron, and in the most approved manner.

That the said parties of the first part, shall have the right to order the pipes called the mains of the company to be extended in and along all the streets, avenues, and public places in the said city, within the limits aforesaid, commencing at Grand and Canal streets, and continuing through each street in regular succession. Provided, however, that the said parties of the second part, shall not be compelled to expend in the laying of said mains, as last aforesaid, during the continuance of this contract, a yearly sum to exceed six thousand dollars. Also, that the said parties of the second part shall fit up and light all the public lamps required by the Corporation, wherever the pipes of the company are or shall be laid, within the district aforesaid, and that the said lamps shall be so lighted during such times as the public lamps throughout the city of New York are required to be lighted by the regulations of the said parties of the first part; and that all such public lamps, situated within the district aforesaid, which shall be required by the Corporation as aforesaid, shall be so supplied and lighted by the said parties of the second part, at the yearly rate of fifteen dollars for each lamp for the light, and for lighting and extinguishing the same. Also, that the said parties of the first part may direct and require, by notice to that effect, that all or any portion of the said public lamps, shall be lighted, and kept burning at any other time or times during the continuance of this contract; and the said parties of the second part, shall light the same, and continue them burning in accordance with any and every direction of the said parties of the first part, or their proper agent or agents, to that effect; provided that if, in compliance with the direction of the said parties of the first part, the whole number of hours, during which the said lamps, or a portion of them are kept burning in any year, shall exceed the average number of hours during which the public lamps in the city of New York have been kept burning during the last five years, prior to the date of this contract (which the parties hereto estimate to be and fix at two thousand three hundred hours,) then, in that case, the said parties of the second part shall be entitled to claim and receive, for such additional number of hours during which the public lamps, or a portion of them, in the district aforesaid, are kept burning, in accordance with such directions of the said parties of the first part, an additional compensation equivalent to a pro rata increase of the compensation herein

before allowed, proportioned to the increased number of hours beyond the said average number.

The burners in the public lamps shall be equal to those heretofore used in the city of New York, equal to an average consumption of three cubic feet per hour. And it is further agreed, that the said parties of the second part shall furnish, at their own expense, the necessary conductors of metal of sufficient capacity to the lamp posts of such public lamps, as they may be required to supply with gas and light as aforesaid. The parties of the second part, shall also fit up the said public lamps, and shall receive, as compensation therefor, the sum of five dollars for each lamp so fitted up. It is agreed, however, that the cost of the posts, lanterns and repairs shall be at the expense of the said parties of the first part; and it is further agreed, that the said parties of the second part, shall have the right to lay pipes at any time within the said district, upon giving forty-eight hours' notice to the said parties of the first part, or to the Street Commissioner, of their intention to break up or open any street, avenue or public place, or part thereof, or to remove any part of the pavement thereof for the purpose of laying or repairing the pipes to conduct the said gas, and that they will replace the earth which they may remove in so doing, before sun-set of the day in which such opening shall be made, and that they will replace the pavement, and repave and repair the same, in such reasonable time and manner as the said parties of the first part, or their Street Commissioner may direct, and in as good and firm a manner as such street, avenue, or public places, or parts thereof, were in before being broken up for the purpose aforesaid. Also, that all such repairs as shall at any time become necessary, by reason of laying the said pipes, or conductors, shall be made and done by said parties of the second part, at their own cost and expense.

Also, that no such street, avenue or public place, or part thereof, shall by so broken up or opened, or the pavement thereof removed, or shall be again filled up or repaved except under the direction and supervision of a competent person, to be appointed by the said Street Commissioner; but the said parties of the second part shall not be called upon to pay any sum to any party or parties, for the inspection of any pavement which they may have occasion to replace. And it is further agreed, that the said parties of the second part, shall and will so conduct the manufactory or manufactories of gas, as not to create a nuisance, and that they will in all things be governed by such reasonable and necessary rules and regulations, as the said parties of the first part, or their successors, may from time to time pass, ordain and establish, relative to