Lands under lease or contract. Appeal from of estimate. corrected and revised, or a new report, to be made by them in the premises, to the said court without unnecessary delay, and the same being so returned, 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 by the said court, shall be final and conclusive, as well upon the said, the mayor, aldermen and commonalty of the city of New York, as upon the owners, lessees, and persons and parties interested in or entitled unto the lands and premises hereinbefore described, and also upon all other persons whomsoever: and on such final confirmation of such report by the said court, the said, the mayor, aldermen and commonalty of the city of New York, shall become and be seized in fee simple absolute, of all the said lands, tenements, hereditaments and premises before mentioned, and of the appurtenances, privileges and advantages to the same belonging or in any wise appertaining, in trust nevertheless, for the uses and purposes of a public park forever. SEC. 2. In all cases where any piece or parcel of land, or the appurtenances or improvements thereon, 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 deter mine and be absolutely discharged. SEC. 3. The said commissioners of estimate to be appointed under and review and by virtue of this act, after completing their said estimate, and at least thirty days before they make their report to the said court, shall deposit a true copy or transcript of such estimate in the street commissioner's office of the city of New York, for the inspection of whomsoever it shall concern, and shall give notice by advertisement to be published in at least two of the public newspapers printed in the said 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, and any person and persons whose rights may be affected thereby, and who may object to the same, or any part thereof, may, within twenty 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 the said estimate, or the part or parts thereof 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. awards, and how made. SEC. 4. The said, the mayor, aldermen and commonalty of the city Payment of of New York shall, within four months after they shall have taken when possession of the before mentioned lands, and on or before the first day of July, eighteen hundred and fifty-two, provided the said report shall be then confirmed, and if the same shall not be then confirmed, then, within four months after it shall be confirmed by the court, pay to the respective persons or 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, and in case of neglect or default in the payment of the same within the time aforesaid, 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, the mayor, aldermen and commonalty in common council convened, for payment thereof, may sue for and recover the same with lawful interest from and after the said application therefor, with the costs of suit, in proper form of action against the said, the mayor, aldermen and commonalty, in any court having cognizance thereof, and in which it shall be sufficient to complain 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 complaint, 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. Provided, That whenever Payment, the owners and proprietors of any such lands, with the appurtenan- ers are mices and improvements thereon to be taken by virtue of this act, or ried women, the party or parties, person 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 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, party or persons entitled unto or interested in the said lands with the appurtenances or improvements thereon shall not be set forth in 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, the mayor, aldermen and commonalty to pay the sum or sums mentioned in said report, payable to such owners, proprietors, parties or persons respectively into the said Supreme Court, to be when own nors, mar etc. secured, disposed of and improved as the said court shall direct, and such payment shall be as valid and effectual in all respects 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, discreet(1) and compos Payment to mentis: And provided, also, That in every case where any such sum how or sums, or compensation so to be reported by the said commission wrong per sons, redressed office of com how filled. ers in favor of any person or party whatsoever, whether named or not named in said report, shall be paid to any person or party whatsoever, when the same shall of right belong and ought to have been paid to some other person or party, it shall be lawful for the said person or party to whom the same ought to have been paid, to sue and recover the same with interest and costs of suit from the person or party to whom the same shall have been paid, as so much money had and received to the use of the said plaintiff or plaintiffs, by the person or party respectively to whom the same shall have been so paid. Vacancy in SEC. 5. In case of the death, resignation or refusal to act of the missioner, said commissioners or either of them, it shall be lawful for the court aforesaid, on the application of the said, the mayor, aldermen and commonalty, as often as such event shall happen, to appoint a discreet and disinterested person, being a citizen of the city of New York, in the place and stead of such commissioner so dying, resigning or refusing to act. Quorum. Compensa SEC. 6. In every case of the appointment of commissioners under this act, it shall be competent and lawful for any three of said com. missioners so to be appointed to perform the trust and duties of their appointment, and their acts shall be as valid and effectual as the acts of all the commissioners so to be appointed, if they had acted therein, would have been, and in every case the proceedings and decisions of a major part of such commissioners as shall be acting in the premises, shall be as valid and effectual as if the said commissioners appointed for such purpose had all concurred and joined therein. SEC. 7. The said commissioners shall be each entitled to receive tion of com the sum of not more than four dollars for each day they shall re missioners. spectively be actually employed in the duties of their appointment, besides all reasonable expenses for maps, surveys, clerk hire and other necessary expenses and disbursements, and which shall be taxed by one of the judges of said court, and the same shall be paid upon such taxation by the mayor, aldermen and commonalty of the city of New York. (1) So in Session Laws. raised by SEC. 8. If at any time before commissioners are appointed by law Money to be for the purpose of taking the plot of ground situated between Sixty- public stock. fourth street and Seventy-fifth street and Third avenue and the East river, in the Nineteenth ward of the city of New York, the mayor, aldermen and commonalty of the city of New York shall agree with the owners of the same for the purchase thereof, or if said commissioners are appointed, then upon the confirmation of their report, it shall be lawful for the said, the mayor, aldermen and commonalty of the city of New York, to raise the amount of the purchase money of said premises, or the amount directed by the report of the said commissioners to be paid by the said, the mayor, aldermen and commonalty, for the said premises and the expense connected therewith, by the creation of a public fund or stock, which shall bear an interest of not more than five per cent. per annum, and shall be redeemable by the payment of a sum of ten thousand dollars annually, and after deducting therefrom any premiums which may have been obtained upon the sale thereof as hereinafter provided, one-half of said sum shall be assessed by the said commissioners and collected annually by the collectors of assessments of said city, upon the property to be immediately benefited thereby, situate in the Seventeenth, Eighteenth, Twelfth, Nineteenth wards, and the balance thereof by taxation upon the remaining wards of the city. sold. SEC. 9. It shall be lawful for the said, the mayor, aldermen and Stock, how commonalty, to determine what shall be the nominal amount or value of each share of said stock, and of what number of shares the same shall consist, and they are hereby authorized to sell and dispose of such shares at public auction, or at private sale, or by subscription for such stock, and on such terms as they shall think proper; said stock shall not be sold at less than its par value. expended. SEC. 10. The money to be raised by virtue of this act,' shall be Money, how applied and expended for the purpose of purchasing the plot of ground hereinbefore described, or for the payment of the amounts directed to be paid in and by the report of the commissioners to be appointed for the taking of the same. re deem stock. SEC. 11. In order to redeem the stock hereby authorized, with Tax to the interest thereon, the mayor, recorder and aldermen of the city and county of New York, as the supervisors thereof, are hereby authorized and empowered to order and cause to be raised by tax on the estates, real and personal, subject to taxation according to law, within said city and county, and to be collected in addition to the ordinary taxes yearly, and every year until the whole amount of the stock be paid; the interest annually accruing on said stock, Common council may and the sum of ten thousand dollars to be applied as aforesaid in the reduction of the principal thereof. SEC. 12. All the acts, proceedings, of the commissioners hereby ratify or re-appointed, shall be subject to the ratification or rejection of the ject acts of ers. commission-common council of the city of New York, and none of the acts of said commissioners shall be conclusive until such action by the common council shall be had. SEC. 13. This act shall take effect immediately. [An act for a similar purpose, and nearly identical with this act, was passed July 21, 1853, chap. 618, Laws of 1853, and was repealed by chap. 203, of Laws of 1854, but this original act, seems not to be repealed.—In the matter of an application before Judge Edmonds, in 1851, for the appointment of commissioners under this act, he refused to make such appointment, by reason of the provisions of section twelve.] 1851. CHAPTER DXXXI. AN ACT to amend "an act for the relief of Daniel Clark, passed The People of the State of New York, represented in Senate and Assembly, do enact as follows: SEC. 1. The legal representatives of Daniel Clark, deceased, shall have the right to erect convenient offices for the transaction of their business on the wharf, in the act for the relief of Daniel Clark, passed April 26, 1832, referred to; anything in said act to the contrary notwithstanding. Supervisors to authorize 1852.-CHAPTER XLIV. AN ACT in relation to the Superior Court and the Court of Common Pleas of the City and County of New York.-Passed March 3, 1852. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SEC. 1. The board of supervisors of the city and county of New assistants. York may authorize one or more assistants to be appointed by the clerk of the Superior Court of the said city, in addition to those now authorized, and fix their compensation, which shall be defrayed by the common council of the said city. of Salaries justices and SEC. 2. The salaries of all the justices and judges of the said Supejudges. rior Court and Common Pleas, from and after the first day of January, |
