tion for

sioners.

ment,

Publication

office.

powers.

the supreme court in the first department, to be held after this Applicaact shall take effect, for the appointment of commissioners of commisestimate, and it shall be lawful for the said court to name and appoint three disinterested persons as such commissioners of Appoint estimate for the purpose of performing the duties hereinafter mentioned in that behalf described. Twenty days' notice of such application shall be published in such newspaper or newspapers of notice. as corporation ordinances are, by law, required to be published in the city of New York. Upon the appointment of said commissioners, they shall severally take and subscribe an oath or affirma- Oath of tion, before some officer authorized to administer oaths, faithfully to perform the trust and duties required of them by this act, which oaths shall be annexed to and filed with their report; and it shall be the duty of the said commissioners, after having Duties and viewed the said lands, tenements, hereditaments and premises, and after causing all such surveys, maps, profiles, plans and other things as they may judge necessary to be made, done and prepared for their use, to proceed with all due diligence to make a just and equitable estimate of the loss and damage to the respective owners, lessees, parties and persons respectively entitled to or interested in the said lands, tenements, hereditaments and premises, and to report to the said supreme court without unnecessary delay; but in each, and all and every case and cases where the owners or parties interested, or their Report as respective estates and interests, are unknown, or not fully known owners. to the said commissioners, it shall be sufficient for them to estimate, and to set forth and state in their said report, in general terms, the respective sums to be allowed and paid to the owners and proprietors generally of such lands, tenements, hereditaments and premises, and parties interested therein, for the loss and damage to such owners, proprietors, and parties interested in respect of the whole estate, and interest of whomsoever may be entitled unto or interested in said lands, tenements, hereditaments and premises respectively, by and in consequence of taking the lands for and opening and laying out and forming the said parks and parkways, without specifying the names of the estates or interests of such owners, proprietors and parties interested, or either of them; and upon the coming in of said report, signed by Confirma the said commissioners, or a majority of them, the said court report. shall, by order, upon the application of said mayor, or of said

to unknown

tion of

firmed to be final.

commissioners of estimate, or any of them, after hearing any matter which may be alleged against the same, either confirm the said report in whole or in part, or refer the same to the same 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 said report corrected and revised or a new report to be made by them as aforesaid in the premises to the said court without unnecessary delay; and the same, on being so returned, shall be confirmed or again referred to the said court, in the manner aforesaid, as right and justice shall require; When con- and such report when 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 the owners, lessees. persons and parties interested in and entitled unto the lands, tenements, hereditaments and premises mentioned in the said Possession report, and also upon all other persons whomsoever. And on such when final confirmation of such report, the said mayor, aldermen and commonalty of the city of New York shall become and be seized in fee of all the said lands laid out for the said park and parkways, the same to be appropriated, converted and used to and for the aforesaid purposes accordingly; and thereupon the said mayor, aldermen and commonalty, by the department of public parks, shall immediately take possession of the same without any suit or proceedings at law for that purpose, to be appropri ated and kept open for a public park and parkways respectively, as hereinbefore stated; with the power to permit any buildings on said lands to remain unremoved for such time or times as they Leases, etc., shall think proper, or permanently; and that all leases and deter and other contracts, in regard to said lands so taken for said

of lands

obtained.

to cease

mine.

Deposit of report and notice thereof.

park or parkways, or any part thereof, and all covenants, contracts or engagements, between landlord and tenant, or any other contracting parties, shall, upon the confirmation of such report, respectively, cease and determine and be absolutely discharged according to law.

§3. That the said commissioners of estimate at least fourteen days before they make their report to the said court shall deposit a true report of transcript of such estimate in the office of the commissioner of public works of the city of New York, for the inspection of whomsoever it may concern, and shall give daily

to report.

notice by advertisement for ten days after depositing said report, as aforesaid, in the aforesaid papers 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 or persons whose rights Objections may be affected thereby, and who object to the same or any part thereof, may, within ten days after the first publication of said notice, set forth their objection to the same in writing, to the said commissioners, who shall thereupon reconsider their said esti-Correction mate 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.

of same.

awards.

§ 4. The said mayor, aldermen and commonalty shall, within Payment of four calendar months after the confirmation of the said report, pay to the parties entitled thereto the respective sum or sums so estimated and reported in their favor respectively, and in default thereof said persons or parties respectively, his, her or their respective heirs, executors, administrators, successors, or assigns, may sue for and recover the same with lawful interest from and after demand thereof, and the costs of suit.

same into

certain

§ 5. And be it further enacted, that whenever the owners and Payment of proprietors of any such lands, tenements, hereditaments, and court in premises so to be taken for any of the purposes aforesaid, or the cases. 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 compos mentis, 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 for any of the purposes aforesaid, shall not be set forth or mentioned in the said report; or where the said owners, parties or persons respectively, being named therein, can not, 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 and persons respectively, into the said supreme court of judicature, to be secured, disposed of, improved and paid out, as the court, sitting at general term for said district, shall direct; and such payment shall be as valid and effectual in all respects as if made to the

of compen

sation

when paid

wrong party.

said owners, proprietors, parties and persons respectively, themselves, according to their just rights, if they had been known and Recovery had all been present, of full age, and compos mentis; and provided, also, that in all and each and every case and cases when 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 whatsoever, whether named or not named in the said report, shall be paid to any person or persons, or party 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 par ties, it shall be lawful for the 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, as so much money had and received to his, her, or their use, by the person or persons, party or parties respectively, to whom the same Report of shall have been so paid. The said commissioners shall include and set forth, in their said report, the names of the respective own ers, lessees, parties and persons entitled unto, or interested in said land, 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 add a sufficient designation and description of such respective lands and parcels of land aforesaid; and also the several and respective sums estimated, as and for the compensation and recompense, or allow ance to be made for the loss and damage of the respective owners of the fee or inheritance of such said lands, tenements, hereditaments and premises respectively, and for the loss and damage of the respective owners of the leasehold estate, or their interest therein, separately; and the said commissioners shall also include in the said report the amount of their fees, and all costs and expenses for service, maps, and other things and disbursements.

commis

sioners, what to

include.

Vacancies in office,

§ 6. In case of the death of either of the three persons appointed how filled. commissioners of estimate, or of the resignation, disqualification or refusal to act of any of them, it shall be lawful for the supreme court, in the first judicial district, at a general term thereof, on the application of the said 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.

sioners

§ 7. The act or acts of a majority of said commissioners so to Acts of majority be appointed under this act shall, in all cases, be as valid and of commis. effectual as if the said commissioners had all concurred and valid. joined therein; provided, however, that a majority of the commissioners shall concur before final action shall be taken upon the acquisition of land or the price to be paid therefor.

tion for

on lands.

tion and

commis

sioners.

bonds.

§ 8. The said commissioners may allow compensation for any Compensa building or buildings upon the said land which may have been buildings built, placed or erected thereon prior to the time of the passage of this act. Each of the said commissioners shall receive ten Compensa dollars per day for the time actually spent in the business of expenses of said commission, and they shall also be allowed for necessary expenses of clerk hire, surveys, survey maps, examination of titles and other necessary expenses, such sum as shall be designated and allowed by the general term of the supreme court. § 9. For the payment of the damages awarded by the com- Issue of missioners of estimate, and the expenses, disbursements and charges in the premises, the comptroller of the city of New York, when thereto directed by the board of estimate and apportionment of said city, may issue bonds of the mayor, aldermen and commonalty of the city of New York, in the manner now provided by law, to an amount sufficient to pay the same, and bearing interest at a rate not exceeding four per centum per annum. Said bonds shall be payable from taxation, shall not be issued for less than par, and shall be made payable at a period not exceeding thirty years from their date of issue.

park.

10. The department of public parks shall be by law vested Control of with the same powers of control, maintenance, construction and jurisdiction over said park and parkways hereinbefore described as are now exercised by said department over other public parks in said city.