and ninety-five, the like access and possession in respect to the court-houses or other places provided for the proceedings of police justices within said city, as hereby constituted, as were theretofore enjoyed by the police justices in the territory embraced within. said city, as so constituted. And it shall be the duty of The City of New York and its several officers charged with duties in that behalf to supply and pay for whatever may be necessary for the transaction of business of the said city magistrates and courts of special sessions and the justices thereof, and to supply all proper court-houses and accommodations, books, stationery and furniture, and to pay all salaries, compensations, expenses and disbursements herein authorized or authorized by said chapter six hundred and one of the laws of eighteen hundred and ninety-five; and the board of estimate and apportionment shall annually include in its final estimate such sums as may be necessary to pay such salaries, compensations, expenses and disbursements. L. 1895, ch. 601, § 23. Pending actions. § 1416. No criminal action or other proceeding which shall be pending in any court of special sessions or any proceeding respecting bastards which shall be pending before a police justice or a justice or justice of the peace within the territory embraced in The City of New York, as constituted by this act, at midnight on the thirty-first day of January, eighteen hundred and ninety-eight, shall abate or be anywise affected by the passage of this title, and all such actions or other proceedings so pending shail thereafter be continued before the court of special sessions, as provided for by this title. And any court of special sessions or justice of the peace before whom any such action or proceeding shall be pending at said time shall have power to adjourn the same to the first day of February or some day thereafter, when the same shall be continued before the court of special sessions, as herein provided for. L. 1895, ch. 601, § 26. Designation of magistrates. § 1417. The mayor of The City of New York shall, on or before the twenty-fifth day of January, eighteen hundred and ninety-eight, designate in respect to all actions and proceedings which shall be pending at midnight on the said thirty-first day of January, eighteen hundred and ninety-eight, before each of the police justices and justices of the peace in the territory embraced within the said second. division of The City of New York, which of the magistrates appointed by him, pursuant to this act, shall thereafter have juris diction thereof, and the same shall be thereafter transferred to and continued before the several magistrates so designated respectively. Such designation shall be published by the mayor for three days prior to the first day of February, eighteen hundred and ninetyeight, in the City Record, and at least once in a newspaper published in each borough within said second division. L. 1895, ch. 601, § 27. Justices to act. § 1418. Until midnight of said thirty-first day of January, eighteen hundred and ninety-eight, the several police justices and justices of the peace within the territory included within said second division shall continue to exercise all the authority, power, jurisdiction and duties given and imposed upon them by law on the thirtyfirst day of December, eighteen hundred and ninety-seven. TITLE 4. THE MARSHALS. Sec. 1424. Marshals of the cities of New York and Brooklyn continued. 1425. Mayor to appoint marshals; term of office. 1426. Id.; marshals for the boroughs of Queens and Richmond. 1428. Powers, duties and fees. 1429. Removal of marshals. Marshals of the cities of New York and Brooklyn continued. § 1424. The marshals in The City of New York as heretofore known and bounded, and the marshals and constables in the cities of Brooklyn and Long Island City, and in the several towns mentioned in section one of chapter one of this act, in office at the time this act shall take effect, shall continue to hold such offices and perform the duties thereof until midnight of the thirty-first day of January, eighteen hundred and ninety-eight, and said terms of office shall then expire, except those of the marshals in the late City of New York and the marshals in the late city of Brooklyn, who shall continue to be marshals of The City of New York, as hereby constituted, till the expiration of their respective terms. Mayor to appoint marshals; term of office. § 1425. On or before the twentieth day of January, eighteen hundred and ninety-eight, the mayor of The City of New York shall appoint ten marshals in the manner provided in the next section, who shall hold their respective offices for six years; and there shall be appointed in like manner every sixth year hereafter the same number of marshals for the like terms. Any person appointed. after the commencement of the term, as herein prescribed, shall hold only until the expiration of the term and until a successor is duly appointed and has qualified. Id.; marshals for the boroughs of Queens and Richmond. § 1426. Six of said marshals so to be appointed shall be residents of the borough of Queens, and four residents of the borough of Richmond; and said marshals shall be assigned by the mayor to such duty within the boroughs wherein they reside respectively as is or may be provided by law. Successors to present marshals of New York City. § 1427. On the expiration of the terms of said marshals of The City of New York mentioned in the last clause of section fourteen hundred and twenty-four of this act, the said mayor shall appoint their successors for terms of six years respectively. Powers, duties and fees. § 1428. In so far as consistent with this act, the provisions of law relating to the bonds, duties, powers and fees of marshals, and all other matters concerning marshals in The City of New York, in force on the thirty-first day of December, eighteen hundred and ninety-seven, shall apply to the marshals appointed or continued in office pursuant to this title, provided, however, that the bonds. of said marshals so appointed pursuant to this title shall be filed in the office of the city clerk, and that in the prosecution of the official bonds of all marshals, application for leave to prosecute the same shall be made to a justice of the supreme court at chambers in the judicial department wherein the borough for which such marshal shall have been appointed is situated, and such leave shall not be granted unless it appears that a transcript of the judgment against such marshal has been filed in the office of the clerk of the county within which such borough is situated, and such justice may order such bond to be prosecuted in the municipal court of The City of New York, or in the city court of The City of New York if such borough be within the county of New York or in the county court of the county wherein such borough lies, if in any other county. See L. 1882, ch. 410, §§ 1699-1711, in appendix. Removal of marshals. § 1429. The mayor may remove any marshal, after giving him an opportunity to be heard, upon charges in writing preferred against such marshal, and filed with the mayor. See L. 1882, ch. 410, § 1706. CHAPTER XXI. THE ACQUISITION OF LANDS AND INTERESTS THEREIN FOR PUBLIC PURPOSES. Sec. 1435. Procedure for acquirement of lands and interests therein. 1436. Maps to be prepared; entry on premises for examination thereof. 1437. Appointment and duties of commissioners of estimate. 1438. Reports of commissioners of estimate; presentation thereof to the court; when title to vest in city. 1439. When title may be vested by resolution. 1440. Notice of deposit and presentation of report; payment of awards with interest. 1441. Owners unknown, infants, or of unsound mind. 1442. Appeal. 1443. Removal, etc., of commissioners of estimate. 1444. Powers of commissioners and of a majority thereof; fees, ex penses. 1445. Amendments of defects. 1446. Corporation counsel to appear and protect interests of the city. 1447. Source of payment of awards and expenses. 1448. What proceedings excepted from provisions of this chapter. Procedure for acquirement of lands and interests therein. § 1435. Whenever The City of New York, or any of the departments, including the department of education, or boards of the said city government, shall be authorized by law to acquire title to real estate or any tenements, hereditaments, corporeal or incorporeal rights in the same, for any public use or purpose by condemnation, the proceeding for that purpose shall be taken and conducted in the manner prescribed in this title, except as provided in section fourteen hundred and forty-eight of this act. Maps to be prepared; entry on premises for examination thereof. § 1436. When any such lands have been selected, and the said department or board has determined to take proceedings for the acquisition of the same, said department or board shall cause two similar surveys, maps, or plans thereof to be prepared, one of which shall be filed in the office of the said department or board, and the other of which shall be filed in the office of the register or county clerk of the county in which the lands are situated; and it shall be lawful for the duly authorized agents of the said department or board, and all persons acting under its authority, and by its direction, to enter, in the daytime, into and upon any and all lands tenements, and hereditaments which it shall be necessary to enter into and upon for the purpose of making such surveys, maps or plans or for the purpose of making such soundings or borings as the said department or board may deem necessary. Appointment and duties of commissioners of estimate. § 1437. When the said maps, surveys or plans have been filed as hereinbefore provided, the said department or board of the said city acting by and through the corporation counsel of said city, is hereby authorized to make application to a special term of the supreme court in, and for the judicial district in which said lands are situated, for the appointment of commissioners of estimate, and the said court shall thereupon name three discreet and disinterested persons, being residents of The City of New York, as such commissioners of estimate, for the purpose of performing the duties hereinafter mentioned. Ten days' notice of such application, Sundays and holidays excluded, shall be published in the "City Record," and the corporation newspapers, and also at the option of the corporation counsel in other newspapers, not exceeding three in number, published in said City of New York. Upon the appointment of said commissioners they shall severally take and subscribe an oath or affirmation, before some officer authorized to administer oaths, in the form required by section one of article thirteen of the constitution of this state, which oath shall be forthwith filed in the office of the clerk of the supreme court in the judicial district in which said lands are situated. It shall be the duty of the said commissioners, after having viewed the said lands, tenements, hereditaments and premises required for public use and purposes, as above set forth, 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 make report thereof to the said supreme court with due diligence. Reports of commissioners of estimate; presentation thereof to the court; when title to vest in city. § 1438. In each and all and every case when the owners, or parties interested, or their respective estates and interests are unknown, or not fully known, to the said commissioners it shall be sufficient for them to estimate and set forth and state in their said |