And the said Commissioners are further authorised by and with the consent of the said Common Council, to alter the plan of constructing the reservoir at or near to Yorkville, and to complete so much of such reservoir as shall be deemed sufficient for the present purposes of such aqueduct.

10. It shall be the duty of the Mayor, Aldermen and Commonalty of the city of New York, to execute all the work necessary for supplying the said city with water, and for distributing the same for the use of the inhabitants thereof, below the said distributing reservoir at Murray's hill and the said Mayor, Aldermen, and Commonalty shall as- ;

sume the execution and performance of the following contracts, made by the said Water Commissioners for work and materials to be supplied for the construction of the said aqueduct, below the said reservoir at Murray's hill that is to say, their contract with ;

Henry V. B. Barker, dated twentieth of October, one thousand eight hundred and forty, for work to be done on the Fifth Avenue, between Fortieth and Twenty-first streets ;

their contract with John B. Chollar and Ebenezer Jones, made the twenty-third of October, one thousand eight hundred and forty, for iron pipe their contract with S. V. Mer- ;

rick and John Town, for seven hundred tons of thirty-inch iron pipe and also their con- ;

tract with T. H. Wintersteen and David I. Myers, for five hundred tons of iron pipe all;

which said contracts are deposited in the office of the Comptroller of the city of New York.