CHAPTER 937. AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A SWING BRIDGE Passed May 29, 1871; three-fifths being present. The people of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Dennis Bowen, James S. Lyon and Edward L. Stevenson, of the city of Buffalo, are hereby appointed commissioners for the purpose of determining the location of a swing bridge over Buffalo river, in said city, and taking the lands and property necessary for the approaches to said bridge. 2. The said bridge shall be located between the westerly line of Main street and the easterly line of Michigan street, extended across said river at right angles with the center line thereof. Commission er's. Location of bridge. To meet and take oath to duties. §3. The said commissioners shall meet at the office of the clerk of said city on the sixth day of June, one perform thousand eight hundred and seventy-one, at twelve o'clock, noon, and there severally take, subscribe and file an oath, faithfully to perform the duties devolved upon them by this act. § 4. The said commissioners shall then give public To give notice notice of the time and place of their first meeting there of time and place of first meeting. Commission ers to view territory. dence respect after, which notice shall be published in five successive numbers of the official paper of said city, which meeting shall not be later than the fifteenth day of June, one thousand eight hundred and seventy-one. § 5. At the time appointed in such notice the said commissioners shall meet at the place mentioned therein, and thence proceed together to view the territory within May hear evi- which such bridge is herein required to be located; and ing location, they shall thereafter appoint such other times and places of meeting as they shall deein proper, and shall hear such legal evidence as shall be offered to them, respecting the location of such bridge, by any person or corporation interested in or to be affected by the location or construction thereof. etc. Shall make and sign a report specifying location, etc. Shall file report. Effect of report. Clerk to pre common council. Common 6. On or before the fifteenth day of July, one thousand eight hundred and seventy-one, the said commissioners, or a majority of them, shall make and sign a report in which they shall specify and describe the location of said bridge, and the lands and property taken by them for the same, and for the approaches thereto; and shall file the same in the office of the clerk of said city. The lands and property so specified and described in said report shall then be deemed to have been taken by the city of Buffalo for the purposes aforesaid. 87. At the next meeting of the common council of sent report to said city thereafter, the clerk shall present the said report to said common council; and the said common council shall, within two weeks thereafter, by resolution, declare its intention to apply to the superior court of Buffalo, at a special term thereof (the time and place for the holding of which shall be designated in said resolution), for the appointment of three appraisers to ascertain and report the just compensation to be paid to the owners of the land and property so taken, or to any person interested therein, and the damages which in their judgment any council to apply for appointment of appraisers. Duty of appraisers. person or corporation may sustain by reason of the location and construction of said bridge, and the approaches to the same; and shall cause notice of such application to be published in five successive numbers of the official plication to be published. paper, of the time and place at which such application shall be made. Notice of ap ers. § 8. At the time and place designated in said notice, Court to apor as soon thereafter as counsel can be heard, the attor- point appraisney of said city shall present to said court proof of the publication of said notice as above required, and thereupon said court shall proceed to appoint three appraisers to ascertain and report the just compensation to which the owners of the lands and property so taken, and the persons so sustaining damages, shall be entitled. § 9. If any appraisers so appointed shall refuse, or for any cause become disqualified to serve as such, the said court, upon the application of the attorney for said city, shall appoint another in his stead. Vacancies. take oath to ties. May hear evi view lands taken. § 10. The said appraisers, before they shall enter Appraisers to upon the discharge of their duties, shall severally take perform duand subscribe an oath faithfully to perform their duties, and ascertain and report the just compensation to be made for the lands and property so taken, and for the damages so sustained. They shall appoint a time and place for such hearing, and shall view the lands and dence and property so taken, and hear all legal evidence offered by said city, or by any person interested in the lands so taken or claiming to be so damaged. They shall ascertain the just compensation to be made to the owners of Ascertain the said lands, or to persons interested therein or sustaining damages as aforesaid; and within sixty days Blo from their appointment shall make a report of their proceedings and awards to the said superior court of Buffalo. The said report shall be subscribed by all the appraisers, compensation and make a report to superior court of Shall give notice of time first meeting. and together with their said oaths, shall be filed with the clerk of said court. § 11. The said appraisers shall give notice of the and place of time and place of their first hearing as provided in the last section, by publishing the same in five successive numbers of the official paper of said city. On non-agreement, how to proceed. Court may confirm or annul report, If report confirmed to be conclusive. Clerk to make ceedings. § 12. If such appraisers cannot agree upon their report, they shall certify that fact to the court, which, upon the application of the attorney for said city, shall appoint new appraisers. § 13. Upon the coming in of the report of said appraisers the said court may confirm or annul the same, or refer the same back to the said appraisers for correction, or may appoint new appraisers. If the court shall confirm the report of the appraisers, the order of confirmation shall recite the proceedings and describe the lands taken; and the said order shall be conclusive upon the city and upon the owners of the lands so taken, and all persons interested therein, and upon all persons claiming damages as aforesaid. 8 14. The clerk of the court shall make up a roll of a roll of pro- such proceedings, by attaching together all the papers therein filed in his office and a copy of all orders made therein by the court. Order of confirmation to be recorded. Council to pay one-half of compensa 15. The order of confirmation shall be recorded in the office of the clerk of Erie county and in the office of the clerk of said city; and such record or a copy thereof, certified by said clerk, shall be evidence of the facts therein contained. § 16. Upon the confirmation of such report of the issue bonds to said appraisers, the common council of said city shall tion and dam- cause the bonds of said city to be issued, subscribed by the mayor and comptroller, to an amount sufficient to pay one-half such compensation and damages; which bonds shall be payable in not less than ten nor more ages. Sale of bonds, ed. Proceeds. are sold city upon and take lands. than twenty years, with interest at the rate of seven per cent. per annum, payable on the first day of January and July in each year. Such bonds may be sold, at public or private sale, at such terms, not less than par, as said how conductcommon council may prescribe; and the proceeds thereof, when realized, shall be paid into the treasury of said city, for the purpose of paying such one-half compensation and damages; which one-half compensation and damages shall thereupon be deemed due and payable to the parties entitled to the same, upon demand. $ 17. When the said bonds shall be sold as aforesaid, When bonds and the proceeds thereof paid into the treasury, the may enter comptroller shall report the fact to the said common council, and thereupon the said city shall enter upon and take possession of the lands and property so taken; and the said common council shall, within sixty days Common after such report of the comptroller, determine upon the plan and expense of the construction of such bridge, except that it shall be of such height above the water as not to prevent the passage of canal boats, and within one year thereafter shall cause the same to be finished and put into operation. And for the purpose of paying the expenses of the construction of such bridge, and the bonds to meet approaches thereto, the said common council are hereby construction. authorized to cause the bonds of said city to be issued and sold as herein before provided, to an amount sufficient to defray the expense of such construction; and the proceeds of the sale of such bonds shall constitute a fund for that purpose, and for no other whatever. council to de termine plan and expense of bridge. May issue expense of upon section deemed benefited one § 18. The said common council shall immediately May assess cause to be assessed upon the property in said city lying southerly of Buffalo river, deemed benefited by the con- half damages. struction of said bridge, one-half of the compensation and damage mentioned in section sixteen of this act, and shall cause the same to be collected from the owners of |