the sum assessed to be paid to such owners and parties so applying respectively, and enter the same in their minutes, a copy of which entry, under the seal of the said court, and certified by the clerk, shall entitle the said owners or parties respectively to the sum or sums so ascertained and determined; and in case of non-payment on demand, or in cases where the owners or parties shall be known and named in the venire, the said common council shall refuse or neglect, on demand, to pay the sum or sums assessed, the said parties, or either of them entitled to the same, may sue for and recover the same from the said mayor, aldermen and commonalty, in an action of debt, on a mutuatus, together with costs, in any court having cognizance thereof; and the proceedings under the said venire, and antecedent thereto, shall be conclusive evidence against the defendants.

infants in ca ses of assess

ment

53. And be it further enacted, That where any known owner or Guardians for party residing in the said city shall be an infant, and any proceeding shall be had under the preceding section, it shall be lawful for the mayor's court of the said city, upon application to them by the common council or by such minor, to appoint a guardian for such infant, taking security from such guardian for the faithful execution of his trust ; and every subsequent notice and summons under the said section shall be made and served on such guardian instead of such infant; but if such infant resides without the said city, or be unknown, then proceedings shall be had in like manner as against absent or unknown owners under the preceding section, and with like effect.

in case of as sessment

for opening streets, &c in

fifth ward

54. And be it further enacted, That whenever the common Proceedings council of the said city of Albany shall deem it necessary to lay out, open, extend, straighten or widen any street, road, avenue or square in the fifth ward of said city, it shall be lawful for the said common council to cause a notice to be published for four weeks successively, in the newspaper printed by the printer of this state, in the said city, specifying and describing as particularly as may be practicable, the ground with the appurtenances which may be required for either of the purposes aforesaid, and the time and place at which the damages and recompence which the owner or owners of such ground may be entitled to for the same, will be enquired into and assessed, and such damages and recompense apportioned and assessed among the owners or occupants of the houses and lots of ground, and other real estate which are to be benefitted by the intended public use of the ground, with the appurtenances which shall be required as aforesaid; and that it shall be lawful for the mayor or recorder and any two aldermen of the said city, by a precept under their hands and seals, to command the sheriff of the city and county of Albany, to summon and return a jury of twenty-four freeholders of the said city, who shall be in no wise interested in the aforesaid questions of damages and recompense, and the apportionment and assessment thereof as aforesaid, to the mayor's court of the said city, at the term specified for that purpose in such precept, which shall be the time and place expressed in the aforesaid notice; and that such precept shall be delivered to the said sheriff at least ten days before the return day thereof, who shall by virtue thereof summon and return such jury as aforesaid, twelve of whom shall be chosen by ballot and constitute the jury for the pur

Assessments to be a lien

Notice to be published

poses in the said precept specified; and that it shall be the duty of the said sheriff, at least six days before the return day of such precept, to serve on the owner or owners of the ground which shall be required as aforesaid for public use, if resident in the said city, or the occupant and occupants of such ground, to serve a written or printed copy of the notice to be published as aforesaid, directed to the owner or owners of such ground: And further, That in case the piece or pieces of ground so required shall be vacant, and the owner or owners thereof shall not reside in the said city, or shall be unknown, it shall be a sufficient service of said notice by the said sheriff to affix the same on some conspicuous part of such vacant premises: And further, That the said jury, when ballotted for as aforesaid, shall be sworn faithfully and impartially to inquire into and assess the damages and recompense which the owner or owners of the ground, with the appurtenances described and designated in the said precept shall be justly entitled to, and to apportion and assess such damages and recompense upon the owner or owners of all the houses and lots of ground which are intended to be benefitted by the public use of the ground, with the appurtenances, required as aforesaid, as nearly as may be in proportion to the advantages which such owner or owners shall be deemed to acquire; and that the said jury shall make and return under their respective hands into the said mayor's court, an inquisition in writing of the amount of the damages and recompense which they shall assess as aforesaid, and the persons to whom the same shall be assessed; and also of the apportionment thereof in the manner above directed; and shall also designate and describe the houses and lots of ground included in such apportionment; and that it shall also be the duty of the jury to set forth in the inquisition and apportionment the names of the owners, lessees and occupants of the houses and lots of ground upon which such damages and recompense, or any part thereof shall be apportioned and assessed, as far as the same can be ascertained; and that the said inquisition of the said jury shall be returned to the said mayor's court at or before the second term thereafter, and on being confirmed by the said court, shall be conclusive and binding as well upon the owner and owners as upon the lessees or occupants mentioned therein, or intended to be affected thereby, his or their heirs, executors, administrators or assigns; and that it shall be lawful for the said mayor, aldermen and commonalty to enter upon and take possession of the ground with the appurtenances, required for public use and assessed as aforesaid, and convert the same to the public use or uses for which it is required and has been assessed, under the restrictions hereinafter mentioned.

55. And be it further enacted, That the assessment and appraisment of the damages and recompense due to the owner or owners of any land required by the common council for the purposes in the last section specified shall, after having been completed and confirmed as aforesaid, be filed in the clerk's office of the city and county of Albany, and be a lien on the houses and lots designated in the said inquisition, on which the same has been apportioned and assessed as aforesaid from the time of such confirmation as aforesaid, until the same shall be paid or otherwise satisfied, with lawful interest from the time of said confirmation.

56. And be it further enacted, That it shall be the duty of the

said common council within thirty days from the time of confirmation of such assessment and apportionment as last aforesaid, to cause a notice to be published in the newspaper printed by the printer of this state, in the city of Albany, requiring the owner or owners of the houses and lots or other real estate, with the appartenances, upon which any part of the damages and recompense aforesaid may have been assessed and apportioned as last aforesaid, to pay the chamberlain of the said city the amount thereof, with interest from the time of the confirmation thereof as aforesaid; and that if default shall be made in such payment, such houses and lots and other real estate will be sold at public auction, at a day and place to be specified in such notice, for the lowest term of years for which any person shall offer to take the same, for the sum apportioned and assessed thereon, with interest as aforesaid; and if, notwithstanding such notice, the owner or owners shall neglect or refuse to pay such apportionment and assessment, with the charge of advertising, and the interest and costs accrued thereon, then it shall be lawful for the mayor, aldermen and commonalty, to cause such houses and lots or other real estate, to be sold at public auction as aforesaid, on the day and at the place in such notice specified for that purpose, and to give a declaration of such sale to the purchaser thereof, under the common seal of the said city; and such purchaser, his executors, administrators and assigns, shall and may by virtue thereof and of this act, lawfully hold and enjoy the premises so sold, for his and their own proper use, against the owner or owners thereof, and all claiming under him or them, until his term shall be completed and ended, with full liberty to remove all the buildings and materials at the expiration of the said term which he or they shall have erected thereon.

chamberlain

57. And be it further enacted, That it shall be the duty of the Duty of the chamberlain, to pay to the owner or owners of the houses and lots to pay own or other real estate, with the appurtenances, for which any damage ers, &c or recompense shall have been assessed as aforesaid, the amount of such damages and recompense, upon his or their producing a certificate from the clerk of the said mayor's court, that he or they is or are the owner or owners of the premises for which such assessment has been made and payment is required.

be removed on notice, &c

58. And be it further enacted, That it shall be lawful for the Buildings to said common council to order and direct the removal of any building standing on any lots or other real estate, which shall have been required and assessed as aforesaid, for any of the purposes aforesaid, on giving thirty days previous notice to make such removal; and in case of neglect or refusal on the part of such owner or owners to remove such building, it shall be lawful for the said common council to direct the city superintendent to take down and remove the same at the expense of such owner or owners, to be paid out of the proceeds of the sale of the materials of such building, which the common council are in such cases authorised to cause to be sold at public vendue on giving eight days previous notice of the time and place of such sale in one of the newspapers printed in the city of Albany.

in case of un

59. And be it further enacted, That when the owner or owners Proceedings of any houses and lots of ground or other real estate, with the ap- konwn or mi purtenances, which may be required within the bounds of the said nor owners

Leases and agreements

by assess

ments

fifth ward, by the said common council as aforesaid, are unknown, or an infant or infants, it shall be lawful for such owner, or the guardian of such infant or infants to prove his or their interest in such premises, before the said mayor's court; and upon the certificate of the clerk of the said court, of the extent of the said interest, and the amount assessed to be paid therefor, and the person or persons entitled to the same, the said common council are hereby authorised and required to pay the sum so assessed, to such person or persons, his or their attorney or guardian: And further, That in case any such sum or sums shall be paid by the said common council through mistake, to any person or persons who is not legally entitled thereto, it shall be lawful for the person or persons who shall be legally entitled thereto, his or their heirs, executors or administrators to sue for and recover the same, with lawful interest and costs of suit, from the persons who shall have received such sum or sums, in any action for money had and received, to his or their use.

60. And be it further enacted, That in all cases where the whole how affected of any lot, or other real estate, within the bounds of the said fifth ward, which is subject to a lease or other agreement, shall be required and taken by the said common council for any of the purposes aforesaid, all the covenants and stipulations contained in such lease or agreement, shall upon the confirmation of such assessment as aforesaid, by the said mayor's court, cease, determine and be absolutely discharged; and in all cases where a part only of such lot or other real estate, shall be required and taken as aforesaid, the covenants, contracts and stipulations shall cease, determine and be absolutely discharged, so far only as relates to such part; and that it shall be lawful for the said mayor's court, upon the application in writing, of either the landlord or tenant, or other party interested in the part of such lots or real estate, to appoint three disinterested freeholders, inhabitants of the said city, to determine the rents to be thereafter payable by virtue of such lease or agreement, for the residue of such lot or real estate, which shall be required and taken as aforesaid; and the determination in writing under the hands of the persons so appointed, or any two of them, on being confirmed by the said mayor's court, shall be conclusive and binding on all the parties who may be interested in the part of such lot, or other real estate, required and taken as aforesaid.

Salaries of certain offi cers

Repealing clause

Right of the legislature

61. And be it further enacted, That it shall be lawful for the common council of said city, to allow such salaries or perquisites of office, to the recorder of the said city, and also to the different officers appointed by the said common council, as they shall deem just and reasonable: Provided, That nothing in this section contained, shall apply to the salary of the mayor.

62. And be it further enacted, That all the laws relating to the city of Albany, that are inconsistent with the provisions of this act, be, and the same are hereby repealed.

63. And be it further enacted, That the rights, privileges and powers conferred by this act, which are not contained in any former charter of the city of Albany, shall be subject to the right of the legislature at any time to repeal, alter or modify the same.

CHAP. 186.

AN ACT to enable the Mayor, Aldermen and Commonalty of the City of Albany to dispose of Tickets in a Lottery heretofore granted, and to limit the continuance of the same.

Passed April 13, 1826.

an

be made for drawing the

1. BE it enacted by the People of the State of New-York, rep- Contract may resented in Senate and Assembly, That it shall and may be lawful for the mayor, aldermen and commonalty of the city of Albany, to lotteries contract with any person or persons that they may deem proper, for drawing the lotteries authorised in and by the act, entitled act to enable the mayor, aldermen and commonalty of the city of Albany to dispose of their public lands by lottery," and that the person or persons with whom they shall so contract, shall have a right to form such schemes for the said lottery, and to mix the prizes for the same with the money prizes in the lottery authorised to be drawn under and by virtue of the act entitled "an act to limit the continuance of lotteries," passed the fifth day of April eighteen hundred and twenty-two, and in the lottery authorised to be drawn, under and by virtue of the act entitled "an an act to provide for the erection of a fever hospital in the city of New-York," passed the twenty-fourth day of March, eighteen hundred and twenty-three: Provided nevertheless, That the consent of the literary institutions Previse interested in the lottery to be drawn, under the act to limit the continuance of lotteries, or the person or persons charged with the supervision and care of the same, and also the consent of the assig nees of the said grant for the erection of a fever hospital in the city of New-York, be previously cbtained: And provided also, That the land prizes so mixed, and the tickets sold therefor, shall not in the whole exceed the sum of two hundred and fifty thousand dollars.

mag

2. And be it further enacted, That in case the said literary in- Schemes: stitutions or their authorised agent or agents aforesaid, and the as- be changed signees of the grant to the city of New-York as aforesaid, shall consent to the mixing of said loteries and prizes as aforesaid, so that all the existing grants for lotteries may be closed within the time now limited by law for closing the drawing of the said lotteries in which they are respectively interested; that it shall and may be lawful for each of them to change the schemes of the said lotteries in which they are now respectively interested, in such manner as to admit of the mixing of said land and money prizes as aforesaid, and in lieu of the tickets in the schemes which they were heretofore authorised to dispose of, it shall be lawful for them to dispose of tickets at their discretion, in the schemes of mixed prizes herein authorised during the time contemplated and prescribed for finishing the drawing of the present lotteries, in and by the first enacting clause of the act entitled "an act to limit the continuance of lotteries," passed the fifth day of April eighteen hundred and twenty-two, as the said time is calculated and estimated by the comptroller in his certificate