The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-02-24

,,.-i,,. mn oath before the MAYOR or
Recorder of the city OF New YORK iatan9 an Az ~ "a,
air a., ox acro the duties OF their sale once ana no Oon
.aly 70 eAeou Tencc whatever directly or indirectly
shall be made to the saiu soiiiI.a ' -, W
eai a,,har Of them for their services IN virtue
s' ~ act And the Board OF Supervisors OF tue
CITY and county of New York shall raise. aud
bv are hereby authorized and empowered to raise and
cause 10 raised annually by TAX on az properly N ihe
CITY ana county Of New York To be collected III addton
N the ordinary taxes yearly, such sum and sums OF
money as their judgment and in the judgmen, or
majority # said COMMISSIONER shall be necessary 10 de
fray the expenses necessary to carry on the work OF tue
Commissioners contemplated by this act during eaeh year
until such work shall be completed; which said yearly
cum shall be subject 10 the draft, from time 20
tine, majority OF said commissioners for the MONTH.
or other periodical the expenses be incurred
by them for the services of surveyors and employees ani
Cor onume nts MAPS and other necessary things carry
on said work but such draft shall be pad until true
account Of such expenses shall have been nst rendered
TO the Comptroller Of said city, verified by the oath Of the
employees persons 10 whom the same is payable aud
Of at least three of said Commissioners until such
count shall have been approved in writing by said Comp
troler; nor shall any such Draft be paid for any
greater sum than the amount Of such expenses asceraned
g aforesaid.
Ser The plans, grades and surveys Of the said Com
masoners or Of majority of them, respect to tue
laying out AID grading of streets, roads avenues aud
squares within the boundaries Aforesaid and the said
maps shall be final and conclusive, well TO the sad
Ma! Aldermen and Ccmmonalty, In respect to the
owners and occupants Of lands tenements and meredith
men;s within boundaries aforesaid In respect
ali persons whomsoever And street road avenue
public square, within the said boundaries shall, after the
passage this act, be legally opened graded or worked
by said Commissioners in aforesaid also, except
ing such "a may have already been legally opened or
worked Aud no street, road, avenue public square
within the boundaries aforesaid, SHALL at any time here
after be opened graded worked except upon the
teo consent or petition to the Common Council Of said city
OF the owners Of major part OF the lands in neal feet
fronting on such street. road avenue public square
within the limits Of the proposed opening and whenever
in respect to continuous seoon of such street,
road avenue or public square, OF half mile in length,
within the limits of the proposed opening there shall
be such in writing owners Of major part
section or part shall not be opened until such consent be
given.
the Commissioners, aforesaid shall lay out any street,
road, avenue, or public square, may at their own ex
pense at time before the opening thereof shall have
been contracted Tor according toaw open and WORK. IN
proper manner, any such street. road public
square, within the limits of their said aud or lands, in
accordance with the plans grades width courses eeva
tions and depressions laid down by the said Commission
ers as aforesaid, and shall thereupon be entitled to an
equitable allowance by way Of deduction IN any assess
meat for the opening and working OF said street. road
avenue or public square in respect to the other land or
lands through which said road, public
square may be legally opened
Sec Z. Whenever the said Mayor Aldermen and Coms
mopalty shall upon the written petition
aforesaid Of the of the majority of the nea eet
OF lands fronting any such street, road, avenue or
public square, to be laid out as Aforesaid, open aud
work such street, road avenue or public square, the
lands enements, and Entertainments to be taken therefor
or devoted provided for in the 9th section Of this act
shall be paid for and the lands tenements and hereda
ments intended be benefited thereby shall be assessed
in the provided for by existing laws, making
euCn equitable ueCuct0n as IN t.e cases
vded for said 9th section, except however, that the
entire expense compensation aud charge of every nature
and kind. OF the said commissioners of estimates &C.
other persons who may be appointed who may act in
respect to the opening such street. road
public square, and of all surveyors, clerks aids
ployes counsel, otherwise and including al costs,
fees, and disbursements of any nature and kind what
ever, shall not in the aggregate for the opening
and estimate OF assessment aud award in respect
street road avenue public square, exceed the Of
ten hundred dollars per mile in length OF such street. road
avenue square and in that proportion any less dis
lance in length which may be opened
Sec 8. That whenever any of the Of any such
lands tenements and Entertainments taken shall be in
fants or otherwise legally incompetent in law act
absent from the city of New York the said Mayor Alder
men and Commonay may pay the sums mentioned in the
report or award coming To such owners resp 5tvey,
into the said Supreme Court to be secured disposed Of
and improved the said Court shall direct and such
payment shall be equally valid and efecua as il such
owner or owners had been present and legally qualified
to act.
Sec. 9. That all laws and parts OF laws inconsistent
with the provisions Of this act of any Of them
hereby repealed so far they relate TO affect any
lands, tenements and Entertainments situate within the
boundaries aforesaid