seized in

fee of lands, etc.

when Lay

Payment

of awards

owners, lessees, persons and parties interested in and entitled to the lands, tenements, hereditaments and premises mentioned in the said report, and also upon all other persons whomsoever. City, when And on such confirmation of such report by the said court, the said mayor, aldermen and commonalty of the city of New York shall become and be seized in fee of all the said lands, tenements, hereditaments and premises in the said report mentioned that shall or may be so required for the purposes mentioned in the first section of this act, the same to be appropriated and converted Possession, and used to and for such purposes accordingly. And thereupon be tak n 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. In trust, nevertheless, that the same be appropri ated for the purposes and uses aforesaid and in this act provided. § 5. All damages awarded by the commissioners of appraisal and costs and confirmed by the court, with interest thereon from the date when the title to the lands and premises for which the said awards have been made, shall have vested in the mayor, aldermen and commonalty of the city of New York, as provided by this act, and all costs or expenses which may be taxed, shall, upon the confirmation of the said report, become due and payable by the mayor, aldermen and commonalty of the city of New York to the respective persons and parties politic or corporate, mentioned or referred to in the said report, or in whose favor such costs or expenses shall be taxed, and shall be paid accordingly. All such damages, costs and expenses for and on account of acquiring title to lands set apart as and for the extension of Riverside park, shall be paid from the fund for street and park openings in said city, provided for by existing laws; and all said damages, costs and expenses for and on account of acquiring title to lands and premises set apart for dock or commercial purposes, shall be paid out of the funds appropriated or moneys provided for the acquisition of lands and premises by the department of docks for dock and water front property by said city, provided for by existing law. The person or persons to whom awards shall be made in such proceedings, and the person or persons in whose favor costs and expenses may be taxed, in case of the failure of the comptroller of said city to pay the same within thirty days after

How en

forced.

bonds.

troller

quired to

raise

into trust

in certain

cases.

a demand therefor, may apply to the court by which said report was confirmed; and the said court, upon such application, shall require and direct the comptroller to pay said awards, costs and expenses from the funds hereinbefore provided for and applicable to the payment thereof, and enforce said order or mandate in the same manner as other orders and mandates of said court are enforced. Provided, however, that when- Issue of ever the amount of damages or expenses to be paid shall exceed the balance remaining in said fund or funds after deducting all outstanding claims against the same the comptroller shall, and he is hereby authorized to raise, by the issue of bonds for and on account of said funds or accounts respectively, such amounts as shall be necessary to pay such damages, costs and expenses. And the said court may, upon the application of any Compperson or persons in whose favor or to whom awards shall have may be rebeen made in such proceeding, require and direct the comp money. troller to raise the money necessary to enable him to pay the same, and from such fund to pay the same. But whenever the Payment owner or owners, person or persons interested in any real estate company taken or affected in such proceedings, or in whose favor any such sum or sums or compensation shall be so reported, shall be under the age of twenty-one years, of unsound mind, or absent from the state of New York, and also in all cases where the name or names of the owner or owners, person or persons interested in any such real estate shall not be set forth or mentioned in the said report, or where the said owner or owners, person or persons being named therein can not, upon diligent inquiry, be found, or where there are adverse or conflicting claims to the money awarded as compensation, 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 owner or owners, person or persons, respectively, with interest aforesaid into such trust company as the court may direct, to the credit of such owner or owners, person or persons, and such payment shall be valid and effectual, in all respects, as if made to the said owner or owners, person or persons interested therein respectively, according to their just rights; and provided also that in all and each and every such case and Recovery cases when any such sum or sums or compensation, reported by paid to the commissioners in favor of any person or persons, or party party.

of money

wrong

Appeals from ap

praisals.

Hearing and proceedings thereupon.

Power of court to

fect, etc.

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, the party or parties to whom the same ought to have been paid, may 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 shall have been paid.

§ 6. Within twenty days after notice of the confirmation of the report of the commissioners as provided for in the fourth section of this act, any party interested and deeming himself or themselves aggrieved may appeal by notice in writing to the other party, to the supreme court at general term from the appraisal and report of the commissioners. Such appeal shall be heard on due notice thereof being given according to the rules and practice of said court. On 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, but from any determination of the special term an appeal may be taken to the general term, and from any determination of the general term any party, if aggrieved, may take an appeal to the court of appeals, which shall be heard and determined by the court of appeals, and in said courts such appeal shall be heard upon the merits, both as to questions of law and fact. In the case of a new appraisal the second report shall be filed and notice thereof given, and such review upon appeal or otherwise be had as in the case of an original report, and so from time to time until a report shall be presented, which the said court shall finally confirm, and shall be affirmed upon appeal, should any appeal be taken. 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 parcel of real estate with which the said appeal is concerned. Such appeal shall be heard upon the evidence taken before such commissioners, and any affidavits as to irregularities.

§ 7. The supreme court of the first judicial department shall amend de lave power at any time to amend any defect or informality in any of the special proceedings authorized by this act that may be necessary, or to cause other property to be included therein,

or to permit any person having an interest therein to be made a party thereto, or to relieve from any default, mistake or irregu larity, or to direct such further notices to be given to any party in interest as it seems proper, and also to appoint other commissioners of appraisal in place of any who shall die or refuse or neglect to serve, or be incapable of serving, or be removed. And the said court may at any time remove any of said commissioners 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 commissioner. The cause of such

Removal of

commis

sioners.

ment of etc.

removal shall be specified in the order making the same. If in any particular it shall, at any time, be found necessary to amend Amend. any pleading, proceeding, or to supply any defect therein aris- pleadings, ing 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.

ance of cor

counsel.

expenses.

8. The counsel to the corporation shall, either in person or by Appear such counsel as he shall designate for the purpose, appear for poration and protect the interests of the city in all such proceedings in court and before the commissioners of appraisal. The fees of Fees and the commissioners of appraisal and the compensation of such necessary clerks or assistants as they may employ, and all other necessary expenses in and about the special proceedings provided by this act to be had for acquiring title, shall be paid by the comptroller out of the fund herein before provided. Such fees and expenses shall not be paid until they have been taxed before a justice of the supreme court in the first judicial district upon ten days' notice to the counsel to the corporation of the city of New York. Upon such taxation due proof of the nature and extent of the services rendered and disbursements charged shall be furnished and no unnecessary costs or charges shall be allowed. Each of the commissioners of appraisal shall receive the like fees or compensation as by law or the rules and practice of the court are allowed to a referee in other actions or proceedings in such court, or as the court shall deem to be fair and reasonable. All such costs, fees and expenses or disbursements to be taxed as aforesaid shall be stated in detail in the bill of costs and charges and expenses and shall be accompanied by such proof of the reasonableness and necessity thereof as is

Powers of park de

dock de

now required by law and the practice of the said court upon taxation of costs and disbursements in other special proceedings or actions in said court.

§ 9. The department of public parks of said city, in respect to partment the said parcels of land described in the first section of this act and set apart as and for a part or extension of the Riverside park, shall have and possess the same powers of control, maintenance, construction and jurisdiction which the said department has and now possesses under existing laws in respect to the other public parks of said city, not extending, however, for actual filling in or improvement beyond the bulkhead line established by the commissioners of the Central park, as aforesaid, and the Powers of department of docks of said city shall have and possess in respect partment. to the two parcels of land aforesaid set apart as and for commercial or dock purposes the same powers of control, maintenance, construction and jurisdiction which the said department has and now possesses under existing laws in respect to the water front or lands under water in other portions of said city, including the power to erect and maintain piers extending to the pier line as established by said chapter two hundred and eighty-eight, laws of eighteen hundred and sixty-eight. But no set apart portion of the said lands, bulkhead or water front herein set apart for commercial or dock purposes shall be devoted to any other use or purpose, and no building, shed or any other structure shall be placed upon or within the same which shall in any manner be detrimental to the health of the public or injuriously affect the public use and enjoyment of said Riverside park as hereby extended, or property fronting thereon, or be in any other respect a public or private nuisance.

Use of

lands, etc.,

for dock

purposes.

§ 10. This act shall take effect immediately.