55 taken or extinguished as contemplated in this act, if he intends to make claim for compensation for such taking or extinguishment, shall within six months after the appointment of the commissioners of appraisal exhibit to the said commissioners a statement of his claim, and shall thereupon be entitled to offer testimony and to be heard before them touching such claim and the compensation proper to be made to him, and to have a determination made by such commissioners of apprisal as to the amount of such compensation. Every person neglecting or refusing to present such claim within said time shall be deemed to have surrendered his claim for such compensation, except so far as he may be entitled, as such owner or person interested, to the whole or a part of the sum of money awarded by the commissioners of appraisal as a just compensation for taking or extinguishing the property owned by said person, or in which the said person is interested. (Added by L. 1894, ch. 752, § 9, as amended by L. 1901, ch. 587 and L. 1909, ch. 498, § 19) § 56. City protected. Payment of the compensation awarded by said commissioners of appraisal to the persons named in their report, if not infants or persons of unsound mind, shall, in the absence of notice to the said city or other claimants to such award, protect the said city. (Added by 1894, ch. 752, § 9, as amended by L. 1909, ch. 498, § 19) 57. Reports on specified claims. Said commissioners of appraisal may in their discretion take up any specified claim or claims, and finally ascertain and determine the compensation to be made thereon, and make a separate report with reference thereto, annexing to said report a copy of so much of the set of maps or plans and memoranda referred to in section forty-two of this act as indicates the property so reported on. Such report shall, as to claims therein specified, be the report required in this act, and the subsequent action with reference thereto, shall be had in the same manner as though no other claim were embraced in said proceeding, which, however, shall continue as to all claims upon which no such determination and report is 57 made. (Added by L. 1894, ch. 752, § 9, as amended by L. 1895, ch. 519, § 27 and L. 1909, ch. 498, § 19) § 58. Appeals; new appraisals. Within twenty days after notice of the confirmation of the report of the commissioners, as provided for in section fifty-two of this act, which notice may, as to parties who have not appeared before the commissioners, be given in the manner provided in section fifty-one of this act, either party may appeal to the appellate division of the supreme court in the department in which such commissioners were appointed, from the appraisal and report of the commissioners and the order confirming the same. Such appeal shall be heard upon due notice thereof being given, according to the rules and practice of said court. On the hearing of such appeal the court may direct a new appraisal and determination of any question passed upon, by the same or new commissioners, in its discretion, and from any determination of the appellate division either party, if aggrieved, may take an appeal, which shall be heard and determined by the court of appeals. In the case of a new appraisal the second report shall be final and conclusive on all the parties and persons interested. If the amount of compensation to be made by such city is increased by the second report, the difference shall be paid by the comptroller or other chief financial officer of said city, to the parties entitled to the same, or shall be deposited with the chamberlain, or bank or trust company, as the court may direct, and if the amount is diminished the difference shall be refunded to the said city by the party to whom the same may have been paid, and judgment therefor may be rendered by the court on the filing of the second report against the party liable to pay the same. But the taking of an appeal by any person or persons shall not operate to stay the proceedings under this act except as to the particular property with which the said appeal is concerned. Such appeal shall be heard upon the evidence taken before said commis 58 sioners, and any affidavits as to irregularities, and three printed copies of such evidence shall be furnished by the said city to the party taking the appeal, within ten days after the appeal is perfected, and such appeal may be heard on the evidence so furnished, and may be taken without security thereon. (Added by L. 1894, ch. 752, § 9, as amended by L. 1909, ch. 498, § 19) § 59. Amendment of proceedings; removal of commissioners of appraisal. The supreme court in the judicial district in which said city is situated shall have power at any time to amend any defect or informality in any of the special proceedings authorized by this act as may be necessary, and to direct such further notices to be given to any party in interest as it deems proper, and also to appoint other commissioners in place of any who shall die, or refuse or neglect to serve or be incapable *or serving or be removed. And the said court may at any time remove any commissioner of appraisal who in its judgment shall be incapable of serving, or who shall for any reason in its judgment be an unfit person to serve as such commissioner. The cause of such removal shall be specified in the order making the same. If in any particular it shall at any time be found necessary to amend any pleading or proceeding or to supply any defect therein arising in the course of any special proceeding authorized by this act, the same may be amended or supplied in such manner as shall be directed by the supreme court, which is hereby authorized to make such amendment or correction. (Added by L. 1894, ch. 752, § 9, as amended by L. 1895, ch. 519, § 28 and L. 1909, ch. 498, § 19) § 60. Property deemed acquired for public use. All property acquired under the provisions of this act shall be and shall be deemed to have been acquired for public uses and purposes, and for the purpose of affording increased facilities for rapid transit between points within *So in original the city acquiring such property. (Added by L. 1894, ch. 60 752, § 9, as amended by L. 1909, ch, 498, § 19) § 61. Cost of acquiring property payable from proceeds of bonds. The moneys necessary and sufficient to be paid for any property, acquired in any manner under the provisions of this act, together with all expenses necessarily incurred in surveying, locating and acquiring title to such property, and for surveying and locating the same, and for preparing the necessary maps and plans in connection therewith, shall be raised and paid out of the proceeds of bonds issued and sold as provided by section thirty-seven of this act, and all such expenses so incurred in surveying, locating and acquiring title, and for preparing necessary maps and plans and also those incurred as provided in the next section shall be deemed a part of and included in the cost of constructing the road or roads, the construction of which rendered it necessary to acquire the property in the course of the acquisition of which such expenses may be incurred. (Added by L. 1894, ch. 752, § 9, as amended by L. 1895, ch. 519, § 29 and L. 1909, ch. 498, § 19) § 62. Payment of commissioners of appraisal. The commissioners of appraisal appointed in pursuance of this article shall receive as compensation the sum of ten dollars per day for each day actually employed. The corporation counsel or other principal legal adviser to said city shall, either in person or by such counsel as he shall designate for the purpose, appear for and protect the interests of the city in all such proceedings in court and before the commissioners. The corporation counsel shall appoint clerks to the commissioners of appraisal in all such proceedings and shall furnish to the commissioners of appraisal in each proceeding suitable offices and such employees as they may require in conducting their proceedings and preparing their reports for presentation to the supreme court for confirmation. The fees of the commissioners and all other necessary expenses in and about the said proceedings provided for by this act and such 62 allowance for counsel fees as may be made by order of the court, and all reasonable expenses incurred by said corporation counsel, or other principal legal adviser of said counsel designated by him for the proper presentation and defense of the interests of said city before said commissioners and in court, shall be paid by the comptroller or other chief financial offcer of said city out of the funds referred to in the last preceding section. But such fees and expenses shall not be paid until they have been taxed before a justice of the supreme court in the judicial district in which said city is situated upon five days' notice to the corporation counsel, or other chief legal adviser of said city. Such allowance shall in no case exceed the limits prescribed by section thirty-two hundred and fifty-three of the code of civil procedure. (Added by L. 1894, ch. 752, § 9, as amended by L. 1909, ch. 498, § 19 and L. 1910, ch. 205) § 63. Proviso in case road constructed by city. Any railroad or railroads, so constructed by and at the city's expense shall be and remain the absolute property of the city so constructing it or them, and shall be and be deemed to be a part of the public streets and highways of said city, to be used and enjoyed by the public upon the payment of such fares and tolls, and subject to such reasonable rules and regulations as may be imposed and provided for by the board of rapid transit railroad commissioners in said city or by the public service commission. (Added by L. 1894, ch. 752, § 9, as amended by L. 1895, ch. 519, § 30 and L. 1909, ch. 498, § 19) § 64. Construction of article. This act shall not be construed to repeal or in any manner affect chapter six hundred and six of the laws or eighteen hundred and seventyfive, entitled "An act to further provide for the construction and operation of a steam railway or railways in the counties of this state," or the acts amendatory thereof or supplementary thereto, or article five of five hundred and sixty-five of the laws of eighteen hundred and ninety, known as the railroad law, except so far as the said acts, |