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to be paid to the respective owners, lessees, parties and persons aforesaid, respectively. The said commissioners shall set forth, in said report, the names of the respective owners, lessees, parties or persons entitled thereto or interested in the said lands, tenements, hereditaments and premises mentioned in the said report; and each and every parcel thereof, so far forth as the same shall have been ascertained by them, and an apt and sufficient designation or description of the respective lots or parcels of land, and other tenements and premises that may be required for the purpose aforesaid. But, in the place and stead of such description, the said commissioners may, if they deem it practicable and advisable, refer to a map or maps, to be annexed to their report, showing the exact location and boundaries of each lot or parcel comprised within the land to be taken, as aforesaid, and the names of the owners or persons interested therein, respectively; but in all, and each and every case and cases where the owners and parties interested in their respective estates and interests are unknown or not fully known to the said commissioners, it shall be sufficient for them to set forth and state, in their general terms, the respective sums to be allowed and paid to the owners and proprietors thereof generally, without specifying the names or estates or interests of such owners, proprietors or parties interested, or any or either of them.

of report for

SEC. 8. On the report being completed by the said commissioners, Presentation or a majority of them, notice of the presentation thereof, and of a confirmation motion for the confirmation of said report, shall be given to the owners, lessees, persons and parties interested in the lands, tenements, hereditaments and premises affected thereby, by advertisement in four of the public newspapers in the city of New York, having a large daily circulation, and shall be published daily, not less than sixty days: such notice shall specify the time, when and where an application will be made for confirmation of said report. At the time and place specified in said notice, unless the said court, at such general term, shall adjourn said motion to a subsequent day, and in that event, at the time to which the same may be adjourned, the court, after hearing any matter which may be alleged against the same, shall, by rule or order, confirm the said report, in whole. or in part, or refer the same, or some part thereof, to the same commissioners for revisal or correction, or to new commissioners to re- New consider the subject matter thereof, or any part thereof; and the to reconsider said commissioners to whom the said report, or any part thereof, report. shall be so referred, shall return the same report, or such part thereof as shall be so referred to them, corrected and revised, or a new report shall be made by them, in the premises, to the said court, without unnecessary delay, and the same, on being so returned,

com.

missioners

confirmed to

shall be confirmed by the said court, or again referred to by the said court, in manner aforesaid, as right and justice shall require, and so, from time to time, until a report shall be made or returned, in Report when the premises, which the said court shall confirm; and such report, be final. when so confirmed by the said court, shall be final and conclusive, as well upon the said mayor, aldermen and commonalty of the city of New York, as upon all the owners, lessees, persons and parties interested in, and entitled unto the lands, tenements, hereditaments and premises mentioned in the said report, and also upon all other persons whomsoever; and upon the confirmation of said report, the said, the mayor, aldermen and commonalty of the city of New York shall become, and be seized in fee of all the lands, tenements, hereditaments and appurtenances, in the said report mentioned, that shall, or may be so required for the purpose of the new reservoir aforesaid in trust, nevertheless, that the same be appropriated as and for a reservoir of the Croton aqueduct, and thereupon the said mayor, aldermen and commonalty, and the Croton aqueduct board, or any person or persons acting under their authority, may, immediately, or at any time or times thereafter, take possession of the same, or any part or parts thereof, without any suit or proceeding at law for that purpose.

of act

of

Application SEC. 9. Sections one hundred and eighty-two, one hundred and 1813. eighty-three, one hundred and eighty-four, one hundred and eighty-seven, and one hundred and eighty-eight, of the act entitled An act to reduce several laws relating particularly to the city of New York, into one act, passed April ninth, eighteen hundred and thirteen, shall apply to this act in the same manner and to the same effect as if the same were enacted herein.

Pay of commissioners.

SEC. 10. The commissioners appointed under this act shall receive each the sum of not more than four dollars (besides all reasonable expenses for maps, surveys, plans, and clerk hire) for each day they shall respectively be actually employed in the duties of their appointment, the same to be paid by the mayor, aldermen and commonalty of the city of New York.

SEC. 11. This act shall take effect immediately.

1853.-CHAPTER DXXIX.

AN ACT in relation to the Superior Court, and to the Court of Common Pleas, and the Marine Court, for the City of New York.Passed July 13, 1853, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

The several

cessary offi

cers.

SEC. 1. The provisions of section twenty-eight of the act en- courts to aptitled "An act to amend the act entitled an act to simplify and point the neabridge the practice and pleadings of the courts of this state, passed April 11, 1849, passed July 10th, 1851," shall apply to the Court of Common Pleas for the city and county of New York, and the Superior Court and Marine Court of the said city; and the said courts shall appoint the officers necessary to attend said courts, whose salaries shall be fixed by the board of supervisors and paid out of the city treasury.

SEC. 2. This act shall take effect immediately.

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AN ACT to authorize the founding of a Garden in the City of New
York for Horticultural Purposes.-Passed July 18, 1853.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

dermen and

may grant a

of

any park for garden.

SEC. 1. The mayor, aldermen and commonalty of the city and Mayor, alcounty of New York, shall have the power to grant the free use of commonalty, such a portion or portions of any public park or parks that may portion hereafter be created, måde, or laid out in said city, as may not in- horticultural terfere with the general design and utility of any such park or parks, for the purpose of founding a garden for horticultural purposes, which shall be under the direction of the New York Horticultural Society during its existence, and which shall be subject to the free admission of the public at all times, with only such restrictions as may be necessary and proper for the preservation of the gardens and the maintenance of order.

garden.

SEC. 2. And the said mayor, aldermen and commonalty shall structures in authorize and permit the said horticultural society to erect such structures and allow of such accommodations in such garden or gardens, on such park or parks, as in their judgment may be deemed meet and proper.

Ward

block ber.

Bureau arrears.

Duty

or num

of

of

clerk of ar

rears.

Duty

street

com

1853.-CHAPTER DLXXIX.

AN ACT to simplify the Manner of Collecting Arrears of Taxes, Assessments and regular Rents of Croton Water, in the City and County of New York.-Passed July 20, 1853, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SEC. 1. In all assessments for any improvements hereafter to be made, in addition to the known street numbers, if there be any, the same ward or block numbers shall be used to designate the lots, as are or may be used to designate them in assessments for taxes, and no other numbers, except where no ward or block numbers exist.

SEC. 2. There shall be a bureau of arrears in the department of finance, at the head of which shall be a clerk of arrears.

SEC. 3. All the duties heretofore required by law to be performed by the street commissioner and comptroller, in relation to adverti sing, selling and leasing for assessments, taxes and regular rents of Croton water, and the redemption of property sold therefor, shall hereafter be performed by the clerk of arrears, under the direction of the comptroller.

of SEC. 4. The street commissioner shall, without delay, furnish to missioner. the clerk of arrears, an account of all property which has been sold for assessments, whereof the time for redemption shall not have expired.

Comptroller

to furnish an

property.

SEC. 5. The comptroller shall, without delay, furnish the clerk account of of arrears with an account of all property which has been sold for taxes, or for regular rents of Croton water, whereof the time for redemption shall not have expired.

Confirming assessment.

Street commissioner

SEC. 6. No assessment for any improvement shall hereafter be deemed to be fully confirmed, so as to be due, and be a lien upon the property included in it, until the title thereof, with the date of confirmation, shall have been entered, with the date of such entry, in a record of the titles of assessments, to be kept in the street commissioner's office, and which may be used as an index to a record of assessments; and until the title of the said assessment shall have been also entered, with the date of confirmation and the date of such entry, in a record of the titles of assessments confirmed, to be kept in the office of the clerk of arrears.

SEC. 7. The street commissioner shall give to the clerk of arrears to give a se- a separate return, with particulars of all arrears remaining unpaid

parate re

turn.

on each and every assessment so entered, without delay, on the expiration of twelve months after the date of such entry thereof, as required in the preceding section, and of every assessment which was confirmed before the passage of this act, which has been due twelve months, or over; or as soon as they shall have been twelve months due; and he shall, at the same time, notify the comptroller of the aggregate amount of arrears of each assessment so returned, and balance, on his books, the accounts of arrears so returned, by charging the amount thereof to the bureau of arrears, and there shall thereafter be received no payments by him, or in his department, on account of arrears so returned, and he shall be entitled to draw on the comptroller for any amount, to the extent of the amount of arrears so returned, necessary to complete the payments due to the persons who were to be paid from the proceeds of said assessments, and also for the amount of compensation due thereon to the collectors, the amount or rate of which shall not be changed by the passage of this act.

SEC. 8. The clerk of arrears shall, without delay, make a requisition on the street commissioner for any returns required by section seven of this act, which may be omitted to be made.

Croton aque

SEC. 9. [Amended by sec. 9, chap. 335, Laws of 1854, so as to President of read as follows:] The president of the Croton aqueduct board shall duct board. annually, on the last day of the month of April, cause to be prepared and transmitted to the clerk of arrears a separate account, for each ward, of all lots in which the said regular rents for that water year may remain unpaid, with the amount due on each lot, and shall include in such account, which he shall first render after the passage of this act, whatever regular rents may remain unpaid of previous years, and shall at the time notify the comptroller of the aggregate amount of the regular rents so returned, and shall thereafter receive no payments on account of the same, but may, nevertheless, certify to the clerk of arrears any overcharges which shall upon such certificate be remitted by the clerk of arrears at any time before settlement.

sessment

SEC. 10. There shall be ruled in the yearly assessment rolls for Yearly taxes of each ward, a new column headed "regular rents," in which, rolls. immediately after the confirmation of such assessment rolls, the clerk of arrears shall cause to be entered, opposite to the ward numbers of the property, on which the said arrears may be due, the amounts due for "regular rents," as transmitted to him, in accord- rents" ance with the provisions of the preceding section, and the same shall be, and continue to be, with the charges thereon, until paid, a lien upon the property on which they may be due, and shall be collected

"Regular

as

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