The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-30

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said court In aforesaid right and justice shall
require and from time to time, until report shall
be made or returned in the premises which the said
court shall confirm and such report when confirmed
by the said court shall be final ard conclusive well
upon the said the Mayor, Aldermen and Commonalty Of
persons parties interested entitled the lands
and premises hereinbsfors described and also upon all
ton Of such report by the said court tho said the Mayor
Aldermen and CommOnaty OF the city OF New York shall
become and be seized in fee simple absolute, Of all the
said lands, tenements. heredamentr and premises be
fore mentioned and Of the appurtensnces privileges and
advantages to the same belonging in snywse apper.
tang In trust nevertheless for the uses and purposes
Sec. In all where any piece parcel Of land
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.
Fec 8 The said commissioners of estimate to be ap
pointed under and by virtue Of this act after completing
their tsd estimate and at least thirty days before they
true copy or transcript Of such estimate n the Street
Commissioners office Of the city Of New York for the
give notice by veItisement to be published in a.
least two Of the public newspapers printed in the said
raid onee, and of the day on which their report will
be presented to the said court and any person or per-
sons whore rights may be affected thereby, and who
may object to the same, or any part thereof, may:
within twenty day after the first publication of the said
notice Stae his her their objections to the in
soners ~ sucn them shall make such estimate, in
case apy SIN, bs made to the same and stated in
writing aforesaid shall tne sa,d estima,s
same shall appear to them to uirs ecton, but not
Other wise, they shall and may correct ths same &C
cordipgly.
Sec 4. The aaid the Mayor, Mo.srmsn and Commonslty
they shall have taken possession Oh she osIore
mentioned lands and or before tho srs' Gay ,a o,
the said report shall BIS then confirmed ana II ttIs
same shall not be then confirmed, then within
four months after it shall be confirmed by the court
pay to the respective persons parties mentioned or
referred to in the said report in whose any sum or
sums Of money shall be estimated and by the said
commissioners, the respective or sums SO estimated
and reported In their favor respectively and in case Of
neglect or default in the payment of the within the
time Aforesaid the respective person persons party
or parties in whose favor the same shall be reported
his her or their executors administrators
at any time or times after application first made by him.
monalty in Common Council convened for payment
thereof may sue for and the with lawful
interest from and after the said application therefor
WIN tne costs OF suit IN proper form OF action against
the said the Mayer, Aldermen and Commonalty in
any court having cognizance thereof and which it
shall be sufficient to complain generally for SO much
money due TO the plaintiff plaintiffs the ein by virtue
OF this act for premises taken by virtue thereof and il
speca matter in evidence under snch general
Nd this the report Of the said with
" OF the right and title Of the plaintiff or plaintiffs TO
such nit or action Provided that whenever the owners
PROF rietors Of such lands with
and mpr ,vemets thereon to be taken by Virtue OF this
act or the party partep person or in whose
any ch sum or compensation shall be so
nom compos me- xis femme covert or alb cnt from tss cit,
Of New York. an1 also In all where the nArae or
names Of the owner or owners part, persons entitled
interested in the said lands with the appuIte
nances improvements thereon, shall be set forth
in said report, where the said owners par
not upon dsen Inquiry be found it shall for
The said May Aldermen and Commonaty pey sun
Of entoned in said report ayableto owners
Supreme Court to be secured disposed Of aud improved
the said court shall direct such payment shs he
spectvey themselves, according to their just rights
! they had 9 been Known .,s. and n had all been PEE
And provided also, that in every case where
any such sums, compensation TO be reported
by the aid commissioners in favor Of any person party
whatsoever whether named not named eaid report,
shall be paid to person party whatsoever, whe
the shall of right belong and ought to have
raid to other person party, it shall be awful for
the said party to whom the ought to have
been raid to sue and recover the 81 with interes and
costs Of suit from the person party to whom the
same shall have been paid as so much money
had and received to the use of tae sad plain
tiff or plaintiffs BY the person or party respectively
whom the same shall have been so paid
Sec In of the death, resignation refusal to
act of the sad commi cners either of them 1t snail
be lawful for the court aforesaid tbs application of
the sad the Mayor Aldermen and Commoualty often
such event shall to discreet and dis
interested person peng ciuzen Oh the CITY OF New
ork. IN Tue pace anu s.eau OF sucn commissioner so
fes,gnpg rs r u rsaa n ~ Ts ae n,
gee Q. IN every case Oh 'me appolntnens OF eoinms
siopers uoer tpr ac., ena DC compe.ens ana awful
ior any .nree Vi saiu comssoners SO 70 DO appolnea
10 peiioIm lne Ilust ana uu1es Oh sner appointment
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