acquired in the proceeding, in fee or otherwise, of, to or in all those parcels of real property indicated on the map or maps filed pursuant to the provisions of section five and described in the petition; and the county may immediately or at any time or times thereafter take possession of the same or of any part or parts thereof without any further action or proceeding at law; and such title or interest shall be vested in the county in perpetuity for the purposes authorized by this act. 39-i. Hearing before commissioners; notice. Such commissioners, with all reasonable diligence, shall proceed to examine the proposed improvement and the real property the title or interest to or in which has vested in the county pursuant to the provisions of the preceding section. They shall cause a notice to be published in a newspaper published within the county once in each week for two weeks successively next preceding the day of meeting mentioned in such notice, that at a stated time and place within the county they will meet for the purpose of hearing the parties claiming an interest in the damages to be awarded by reason of the acquisition by the county of such title or interest. Such notice shall also state the fact that a map or maps of the improvement has been filed in the office of the county clerk. At the time and place of such meeting and at any adjournment thereof such commissioners shall hear proofs and allegations of all interested parties. They or a majority of them may adjourn the proceeding from time to time, issue subpoenas and administer oaths, and shall keep minutes of their proceedings and reduce to writing all oral evidence given before them. 39-j. Report of commissioners. Such commissioners, or a majority of them, all being present, after the testimony is closed shall make and sign a report in which they shall assess, allow and state the amount of damages to be sustained by the owners or other interested parties, by reason of the acquisition by the county of the real property taken in the proceeding. Such report shall contain the names of such owners or interested parties, except that if the commissioners are unable to ascertain such names, they may in place of the names of such undiscovered parties insert the words "unknown owners" in their report. Such commissioners shall file their report, together with the minutes of their proceedings in the office of the county clerk of such county. 39-k. Proceedings on report. After such report shall have been so completed and filed, the county attorney shall publish a notice once in each week for two successive weeks in a newspaper published in the county, that at a time and place specified in such notice, he will apply to a special term of the supreme court held in the judicial district wherein the property is situated for an order to confirm or set aside such report. The county attorney shall also serve notice of such motion upon all parties who have appeared in the proceeding, or their attorneys. Upon such motion, the court may confirm the report, or may set it aside for irregularity or other error of law in the proceedings before the commissioners, or upon the ground that the award is excessive or insufficient. If the report is set aside the court may direct a re hearing before the same commissioners, or may appoint new commissioners for that purpose, and the proceedings upon such rehearing shall be conducted in the manner prescribed for the original hearing, and the same proceedings shall be had for the confirmation of the second report as are herein prescribed for the confirmation of the first report. Such report when confirmed, if no appeal be taken from the order of confirmation thereon, shall be final and conclusive on the county and on the owners and all persons interested in or entitled to the real property mentioned in such report, and upon all persons whomsoever. 39-1. Payment of awards. Within three months after the award of the commissioners of appraisal shall be confirmed, the county treasurer of the county shall pay to the persons named therein the amounts awarded to them for damages, with six per centum interest thereon from the date of the filing of the oath of the commissioners in the office of the county clerk. Such amounts with interest shall be paid by the county treasurer upon service of a certified copy of the order confirming such report. If there are unknown owners, infants or incompetents in whose favor any compensation shall be awarded in such report, the county treasurer shall deposit the amounts awarded to them with like interest to their credit in a trust company or a bank in such county as the court in the order of confirmation shall direct; and such amounts shall be paid out upon the application of such unknown owners when discovered or of the guardians of such infants or the committees of such incompetent persons. 39-m. Proceeding to collect awards. In case of the neglect or default by the county to pay or deposit an award within the time prescribed by the preceding section, the person in whose favor such award shall be made, or his executor, administrator, successor or assigns, or the guardian of an infant, or the committee of an incompetent person, as the case may be, may sue for and recover the same, with lawful interest thereon as for a debt of the county in any court of competent jurisdiction. 39-n. Commissioners' fees. Each commissioner appointed by the court as provided in this act shall be entitled to compensation at not exceeding twenty-five dollars for each full day necessarily employed as such and his necessary expenses. The amount of compensation to which such commissioners shall be entitled shall be determined by the supreme court, upon verified accounts, presented by such commissioners, stating in detail the number of hours necessarily employed in the discharge of their duties, and the nature of the services rendered, upon eight days' notice to the county attorney. Such compensation and expenses shall be a county charge. 39-0. Appeals. Within twenty days after entry of the order of confirmation of the report of the commissioners, a person may appeal from such order by notice in writing to the adverse party, to the appellate division of the supreme court. On the hearing of such appeal, the court may direct a new appraisal and determination of any question passed upon in such report or the order .confirming the same, by the same or new commissioners, in its dis Appropriation. Audit. cretion. The determination of the appellate division shall be appealable to the court of appeals in the same manner as is provided by the civil practice act for appeals from such court on final orders in special proceedings. In the case of a new appraisal, the second report shall be final and conclusive on all parties and persons interested. If the amount of compensation to be made be increased by the second report, the difference shall be paid by the county treasurer to the persons entitled to the same, or shall be deposited as the court may direct; and if the amount be diminished, the difference shall be retained by the county or refunded to the county by the person to whom the same may have been paid. An appeal by any person shall not operate to stay the proceedings under this act except as to the particular parcel of real property with which such appeal is concerned. § 2. This act shall take effect immediately. CHAPTER 688 * AN ACT making appropriations and reappropriations for emergencies for the current fiscal year, supplying deficiencies in former appropriations, and other expenses of government. Became a law June 26, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The treasurer shall pay, on the warrant of the comptroller, from the several sums specified, to the persons, and for the purposes indicated in this act, the amounts named, or so much thereof as shall be sufficient to accomplish in full the purposes designated by the appropriations, which several amounts are hereby appropriated out of any moneys in the treasury not otherwise appropriated. No warrants shall be issued, except in cases of salaries, until the amounts claimed shall have been audited and allowed by the comptroller, who is hereby authorized to determine the same, upon vouchers presented as required by section twelve of the state finance law. LEGISLATIVE PERSONAL SERVICE For the payment of the salaries and wages of officers * Passed at the extraordinary session, MAINTENANCE AND OPERATION Traveling expenses: Mileage of senators for the extraordinary session of nineteen hundred and twenty-five.... THE ASSEMBLY PERSONAL SERVICE For the payment of the salaries and wages of officers and employees of the assembly for the extraordinary session of nineteen hundred and twentyfive, there is hereby reappropriated the sum of thirty-five hundred dollars, being a portion of the moneys appropriated by chapter one hundred and forty of the laws of nineteen hundred and twentyfour, for the salaries and wages of officers and employees of the assembly (re. $3,500). MAINTENANCE AND OPERATION Traveling expenses: Mileage of assemblymen for the extraordinary session of nineteen hundred and twenty-five.... BILL DRAFTING COMMISSION PERSONAL SERVICE For the services, other than services of the commissioners, before and during the special session of the legislature of nineteen hundred and twentyfive of persons employed to assist in preparing the necessary bills and resolutions for introduction or presentation thereat, the amounts thereof to be determined by the temporary president of the senate and speaker of the assembly, and paid on the certificate of such officers § 2. This act shall take effect immediately. $1,670 60 $5,200 00 1,650 00 |