Subject to

$14. The said corporation shall be subject to the third Revised Sta title of the eighteenth chapter of the first part of the Re

tutes.

vised Statutes.

CHAP. 150.

Corporation

owners of

AN ACT to vest certain lands, tenements and hereditaments, in the mayor, aldermen and commonalty of the city of New-York.

Passed April 22, 1834.

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

S 1. The mayor, aldermen and commonalty of the city may become of New-York may, in the manner herein prescribed, accertain lands. quire and become the owners in fee, of the lands, tenements, hereditaments and premises, situate, lying and being within the limits or boundaries as follows: First, all the lands, tenements, hereditaments and premises, situate, lying and being in the seventh ward of the city of NewYork, and bounded northerly by Grand-street, one hundred and forty feet and one inch; easterly by Corlear'sstreet, one hundred and nineteen feet; southerly by Lombardy (commonly called Monroe,) street, one hundred and twenty-five feet, and westerly by land belonging to the estate of George Lorrilard, one hundred and eighty-one feet, six inches. Secondly, all the land, tenements, hereditaments and premises, situate, lying and being in the eleventh ward of the said city, and bounded northerly by Second-street, two hundred and two feet and ten inches; easterly by Avenue D, twenty-one feet and three inches; southerly by North-street, one hundred and ninety-eight feet and six inches, and westerly by a line drawn in a direct continuation of the easterly side of Sheriff-street, from North-street to Second-street, forty-six feet and six inches.

Commission.

ers of eati

mate may be appointed.

$ 2. It shall be lawful for the said mayor, aldermen and commonalty, whenever they shall judge proper, to cause application to be made to the supreme court of judicature of this state, or to either of the justices thereof, for the appointment of commissioners for the purpose of performing the duties hereinafter prescribed, and upon any such application, it shall be lawful for the said court or justice to whom such application shall be made, to nominate and appoint three discreet and disinterested persons, being citizens of the said city, commissioners of estimate, for the purpose of performing the duties hereinafter prescribed.

$ 3. The said commissioners, before they enter upon To take an the performance of the duties of their appointment, shall oath. severally take and subscribe an oath or affirmation, before some person authorized by law to administer oaths, "faithfully to perform the trust and duties required of them by this act," which oath or affirmation shall be filed in the clerk's office of the city of New-York.

$ 4. It shall be the duty of the said commissioners as Thoir duty, soon as conveniently may be after their appointment, to make a just and true estimate of the loss and damage to the respective owners, lessees, parties and persons respectively entitled unto or interested in the lands, tenements, hereditaments and premises within the limits which may be mentioned and described in the rule or order of the said supreme court or justice thereof, appointing the said commissioners, by and in consequence of relinquishing the same to the said mayor, aldermen and commonalty of the city of New-York, and to report thereon to the said supreme court of judicature without unnecessary delay.

$ 4. The commissioners who shall make such report, To report. shall therein set forth the names of the respective owners, lessees, parties and persons entitled unto or interested in the lands, tenements, hereditaments and premises mentioned in the said report, and each and every part and parcel thereof as far forth as the same shall be ascertained by them, and an apt and sufficient designation of the respective lots or parcels of land and premises lying and being within such limits above mentioned.

known own

$ 6. In every case where the owners and parties inte- In case of us rested, or their respective estates or interests may be un-no known, or not fully known to the said commissioners, it shall be sufficient for them to estimate, and set forth and state in general terms the respective sums to be allowed and paid to the owners and proprietors generally, of such lands, tenements, hereditaments and premises, for the loss and damage to such owners, proprietors and parties interested in respect to the whole estate and interest of whomsoever may be entitled unto or interested in the said lands, tenements, hereditaments and premises respectively, by, and in consequence of relinquishing the same to the said mayor, aldermen and commonalty of the city of NewYork, without specifying the names or the estates or interests of such owners, proprietors and parties interested, or of any or either of them in the said report.

make rule or

$7. Upon the coming in of the said report, signed by Court to the said commissioners, or any two of them, the said court order. shall by rule or order after hearing any matter which may be alleged against the same, either confirm the said

confirmed if

correct.

report, or refer the same to said commissioners for revisal and correction, or to new commissioners to be appointed by the said court to reconsider the subject matter thereof; and the said commissioners to whom the said report shall be so referred, shall return the same corrected and revised, or a new report, to be made by them in the premises, to the said court without unnecessary delay. Report to be S8. On being so returned, the said report shall be confirmed, or again referred 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 the premises which the said court shall confirm; and such report when so confirmed, shall be final and conclusive, as well upon the said mayor, aldermen and commonalty of the city of New-York, as upon the owners, lessees and 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 whomso

Corporation

when to be

of land.

ever.

$ 9. On the final confirmation of such report by the come seised said court, the mayor, aldermen and commonalty of the city of New-York shall become and be seised in fee simple absolute of all the said lands, tenements, hereditaments and premises before mentioned; and thereupon the said mayor, aldermen and commonalty, 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.

Landa under lease.

Copy of re

port to be

office.

$10. In all cases where any lot or parcel of land or other premises under lease or other contract shall be taken by virtue of this act, all the covenants, agreements, contracts and engagements between landlord and tenant, or any other contracting parties, touching the same or any part thereof, shall, upon the confirmation of such report in the premises as shall be confirmed by the court aforesaid, respectively cease and determine and be absolutely discharged,

S 11. The commissioners of estimate to be appointed filed in clerk's under and by virtue of this act, after completing their said estimate, and at least fourteen days before they make their report to the said court, shall deposit a true copy or transcript of such estimate in the clerk's office of the city of New-York, for the inspection of whomsoever it may concern, and shall give notice by advertisements to be published in at least two of the public newspapers printed in the city of New-York, of the said deposit thereof in the said office, and of the day on which their report will

be presented to the said court; any person or persons whose rights may be affected thereby, and who shall object to the same, or any part thereof, may within ten days. after the first publication of the said notice, state his, her or their objections to the same in writing to the said commissioners; and the said commissioners, or such of them as shall make such estimate, in case any objections shall be made to the same, and stated in writing as aforesaid, shall reconsider their said estimate, or the part or parts thereof so objected to, and in case the same shall appear to them to require correction, but not otherwise, they shall and may correct the same accordingly.

"lands.

$12. The said mayor, aldermen and commonalty shall, Payment for within one calendar month after the confirmation of the report of the commissioners in the premises by the court, pay to the respective persons and parties mentioned or referred to in the said report, in whose favor any sum or sums of money shall be estimated and reported by the said commissioners, the respective sum or sums so estimated and reported in their favor respectively.

in case of no

glect.

S13. In case of neglect or default in the payment of May be sued any such sum or sums of money within the tine above limited therefor, the respective person or persons, or party or parties in whose favor the same shall be so reported, his, her or their executors, administrators or successors, at any time or times after application first made by him, her or them to the said mayor, aldermen and commonalty, in council convened, for payment thereof, may sue and recover the same with lawful interest from and after the said application therefor, and the costs of suit, in proper form of action against the said mayor, aldermen and commonalty, in any court having cognizance thereof.

S 14, It shall be sufficient in any such suit to declare Evidence. generally for so much money due to the plaintiff or plaintiffs therein, by virtue of this act, for premises taken by virtue thereof, and it shall be lawful for the plaintiff or plaintiffs to give any special matter in evidence under such general declaration; and this act and the report of the said commissioners, with proof of the right and title of the plaintiff or plaintiffs to the sum or sums demanded, shall be conclusive evidence in such suit or action.

$ 15. Whenever the owners and proprietors of any Minora, &e. such lands, tenements, hereditaments and premises to be taken by virtue of this act, or the party or parties, person or persons interested therein, or any or either of them, the said owners, proprietors, parties or persons in whose favor any such sum or sums or compensation shall be so reported, shall be under the age of twenty-one years, non

In case of

payment by mistake.

Vacancies how to be filled.

compos mentis, feme covert or absent from the city of New-York; and also in all cases where the name or names of the owner or owners, parties or persons entitled unto or interested in any lands, tenements, hereditaments or premises that may be so taken, shall not be set forth or mentioned in the said report, or where the said owners, parties or persons respectively being named therein cannot upon diligent inquiry be found, it shall be lawful for the said mayor, aldermen and commonalty to pay the sum or sums mentioned in the said report, payable or that would be coming to such owners, proprietors, parties or persons respectively, into the said supreme court of judicature, to be secured, disposed of and improved as the said court shall direct; and such payment shall be as valia to all intents and purposes, as if made to the said owners, proprietors, parties and persons respectively themselves, according to their just rights if they had been known, and had all been present, of full age, discovert and compos mentis.

S16. In all and every case and cases where any such sum or sums or compensation so to be reported by the said commissioners in favor of any person or persons, or party or parties whomsoever, whether named or not named in the same report, shall be paid to any person or persons or parties whomsoever, when the same shall of right belong and ought to have been paid to some other person or persons, or party or parties, it shall be lawful for the said person or persons, or party or parties to whom the same ought to have been paid, to sue for and recover the same, with lawful interest and costs of suit, from the person or persons, or party or parties to whom the same may have been paid, as so much money had and received to the use of the plaintiff or plaintiffs in such suit by the person or persons, party or parties respectively, to whom the same shall have been so paid.

$ 17. In case of the death, resignation or refusal to act of any such, commissioners of estimate to be appointed under and by virtue of this act, it shall and may be lawful for the court aforesaid, or any one of the justices thereof, on the application of the mayor, aldermen and commonalty of the city of New-York, as often as such event shall happen, to appoint a discreet and disinterested person, being a citizen of the said city of New-York, in the place and stead of such commissioner, so dying, resigning or refusing to act; and the surviving or acting commissioners, as the case may be, shall have full power to proceed in the execution of the duties of their appointment until a