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Real estate record and builders' guide: v. 7, no. 161: April 15, 1871

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AND BUILDERS' GUIDE. Vol. YII. NE¥/ YORK, SATUEDAY, APRIL 15, 1871. No. 161. Published Weekly by THE REAL ESTATE EECORD ASSOCIATION. .§6 CO TERMS. Ono year, In advance............-......... All communications should be addressed to C. ■\^^. S"V^ETGX. 106 BROAu-\vAy, COK. Ol? Pike Street. Entered according to Act of Congress, in the year 1S71, by C. W. SWEET, ^^ In the Office of the Librarian of Congress, at Washington. No receipt for rooney due the REAL ESTATE RECORD will be acknowledged unless signed by one of our regular collectors, Henry D. SaiiTii or Thomas h: Cdidiings. All bills for collection will be sent from the office on a regu¬ larly printed form. PATEajT binders for preserving the Record can be had at the office, or will be sent to any address in the city upon the receipt of one dollar. NOTICE OF REMOVAL. The Re.4.Ij Estate Record will remove its office on May 1st, to the building Nos. 7 and 9 Warren street. ABOVE FIETY-KINTH. That pait of the Island of Manhattan above Fifty-ninth, street, bounded on the east and west by the East and Hudson rivers, with the Spuyten Duyvil creek and Harlem river on the north, -with a high rolling surface over three- fourths of it, is by nature every -vvay adapted for picturesque ornamentation, and capable, ■with but little artificial aidj of being buUt up so as to develop the highest effects of grand scen¬ ery, combined and blended with art. The Grand Boulevard runs through it, and has been in progress for about four years; a large , force was put upon it last, year in sections, to hasten the grading and paving. It is now open for a drive for about two miles. It will be the natural highway of all the western section. To -understand the bearing it -wiU have upon prop¬ erty on the west side, it is essential to drive over it. What is usually termed the east side of the -city is being btdlt up more rapidly than the west side. They do not conflict, as the topog¬ raphy is so differesht. The east side being flat and lo-w, it was an easy matter to grade the avenues and. cross staeets. The steam railroad on the Fourth avenue aided in building up the villages of Yorkville and Harlem. The steam Tailroad took the population there; and when these settlements grew rapidly, the' Third and Second avenues were occupied by horse railroads in competition; and these roads were opposed, agaiia, by.a, line ofsteamers about;hourly from Harlena to Peck Slip, fornine months of the year. - Theearly-improvements on the east side ■were of a cheap class, as a rule. Latterly, buildings of large cost are being erected. The west side will be sought for by the wealthier classes. One side will represent elegance, far surpassing the city below Fifty-ninth street; the other side, thrift and industry. The -west side is not yet prepared for build¬ ing. We have not space to state the reasons ■why the leading avenues have not been opened, graded, sevvered, and paved. Y/e are now un¬ der a ne^w administration;. and ne^w brooms proverbially sweep clean. We are disposed to give our rulers a fair trial. They have issued a neat pattern card of samples, and are soliciting the public to examine the new beauty of the little parks. It is e-vident thalt if the necessary work for the preparation of the west side for building be pursued -with diligence, and accomplished, as it might easily be, within from three to five years, the results would be most advantageous to the property owners, to the growth of the city, to the real taxable value of its property, and to the increase of its population and busi¬ ness. With the exception of the work on the Boule¬ vard, and the giving out of three one-horse¬ power contractsj to grade the Eighth avenue alongside the Central Park, no progress has been made in preparing the west side for popu¬ lation during the past twelve months. In September, 1868, the Supreme Court ap¬ pointed the three Commissioners for benefit and damages for taking the lots for the River Side Park. They were Messrs. James M. Sweeny, Hugh Smith, and WiUiani M. Tweed, Jr. The Comniissioners have only recently finished their reportj arid it comes before the Court in May for confirmation. The Eiver Side Park is three miles in length, and extends along the slope of a ridge from Seventy-second to One Hundred and Thir¬ tieth street. Itds the most important park the city will have, and, if ordinary Justice ig done in the engineering and landscape gardening, it ■will exceed the Central. Park in attraction, and bring millions of wealth to this city. The av¬ enue that bounds it on the east line will be lined by residences as far surpassing the present Fifth avenue as that sia-passes Bond street, Le Eoy and Lafayette places, of former timies. MECHANICS' LIEirS. By referring to our issue of February 19, 1870, our readers wiU observe that, in reply to an inquiry addressed to us by a subscriber, on the subject of payments made to the contractor before the same became due under the contract entered into between the o^wner and the con¬ tractor, we were of the! opinion that such pay¬ ments, if miadein^ood'faith, niust be iUo'wed the ©■wner; and that it •will be a good defence if the owner in a proceeding instituted against him by a sub-contractor or other claimant proves that the contracter had been fully paid at the time the claimant's notice to acquire a lien was filed. Our construction of the statute ■was ques¬ tioned by several, but, by the favor of David McAdam, Esq., we are furnished ■with a copy of the opinion of Judge Loew of the New York Common Pleas, just delivered at a General Term of that Court, in the case of Scheder agaiasb Hohein, in which the Court, reversing the de¬ cision of the Court below, hold that the owner may pay the contractor in fuU before called upon by the terms of the contract existing be¬ tween them, and that where the o^wner pays his contractor, even in advance, for his work, the sub-contractor or other claimant acquires no lien unless his notice to acquire the lien is filed be¬ fore the payriient is made. The effect of this decision is to defeat the Hen of every claimant in cases where the contractor receives his pay from the owner in advance of performance of the work. If the contractor has be^n fully paid, the filing of anptice of lien will be of no avail. Claimants intending to rely on their lein can, of course, protect themselves by going to the owner and inquiring of him the particulars in regard to the contract and the money due or to become due thereunder. MECHANICS' f LIENS AGAINST BUILDINGS IN NEW YOSK CITY. April. 10 ElGHTT-^OURTH ST., N. S. (No. 413 B.), about 200 e. Istav. Nolen & Steers agt. M. Schott............. $105 45 7 Fifty-seventh ST., s. s., 75e. 1st av., 5 houses. Joseph Schwab agt. Mr. PurceU...................... 123 00 11 PisTT-NiNTH ST. (No. 210W.). An¬ thony Berger agt. James Wilson.., 233 83 11 Forty-eighth st., n. s., com. about 176 w. llth av., running 70. John F. Moore agt. Thomas WiUiamson 650 00 11 Fifty-seventh st., n. s., com: 50 e. - 10th av., running 40. John Farrell agt. John Totten-----......___... 190 00 12 Fifty-ninth st., s. s., and Fifty- eighth Bu.i n. s., com. 375w. 5thav.-, running 75. {Richard HiU agt. John H. Quinn et al...-----............. 1,128 00 12_Same pkopebtv. James Brooks agt John-H. Quinn et al........;. 338 00 12 Fifty-ninth st., s. s., and Fifty- eighth St., n. s., com. 225 w. 5th av., nmning' 50. James Brooks , agt. John H. Quinn et al.......... 336 00 12 Fifteenth st., n. s. (No. 317 W.). Francis Flanagan agt. —. Parker. 21 87 13 Fifty-ninth st., [s. s., 175 w. of Plaza cor. -5th av.-, running 75 feet. J. J. Yafces agt. P. Algier, J. J. Quinn, and J. P. Martin.......... 673 40 13 Fifty-^ninth ST., s. s.,175 w. 5th • av. J. J. Boyle agt. Peter Alger and J. J. Quin...___.....i....... 49 00 '7 Greene st.. b. s: (Nos. 136 and :. 138),'arid Mercer St., w. s. (N6s;ld7' /■: and 139). J. T. Conover agt-Mrs.-^ ■ _ ^, Josephine Otard..:'........v.. 1... ^^iSOO^OO 7 Samephopebtt.- J. W. Mesekeatj-;-V agt. same...... ...-----.......... \27;400 00