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prescribed; and whenever and as often also as it shall, in the opinion of the said mayor, aldermen and commonalty in common council convened, be necessary or desirable for the public convenience or health, to lay out, form and open any street or streets, or public place or places, in any part of the said city not laid out into streets, avenues, squares and public places by the commissioners of streets and roads in the city of NewYork under and by virtue of the act aforesaid, or to extend, enlarge, straighten, alter or otherwise improve any street or streets, or part of a street or public place or places already laid out, or hereafter to be laid out, and formed or opened in any part of the said city not laid out into streets, avenues, squares and public places by the commissioners aforesaid, it shall be lawful for the said mayor, aldermen and commonalty of the city* of New-York to order and direct the same to be done and to cause the same to be done accordingly, in such manner as they shall think most advisable, notwithstanding it may become necessary for that purpose to remove any building or buildings, or to take any lands, tenements, hereditaments or premises whatsoever; and if the said mayor, aldermen and commonalty shall require any lands, tenements, hereditaments or premises of any person or persons, or body politic or corporate, for any such purpose, the same may be taken and appropriated to such use and compensation and recompence made to the parties and persons respectively, if any such there shall be, to whom the loss and damage thereby shall be deemed to exceed the benefit and advantage thereof for the excess of the said damages above the said benefit in the manner for that purpose hereinafter mentioned and provided.

II. And be it further enacted, That whenever and as often as any lands, tenements, hereditaments or premises whatsoever, shall be required for the said purpose of opening any such public square, place, street or avenue, or part or section of a street or avenue in the said city of New-York, laid out by the commissioners aforesaid, under and by virtue of the act aforesaid, so to be opened or for the said purposes of laying out and forming or extending, enlarging, straightening, altering or otherwise improving any street or pub. lie place, so to be laid out and formed or opened, or so to be extended, enlarged, straightened, altered or otherwise improved, in any part of the said city not laid out into streets, avenues, squares and public places by the commissioners aforesaid under the act aforesaid, or for any or either of the said purposes, it shall be lawful for the said mayor, aldermen and commonalty to make application, or to cause application to be made, to the supreme court of judicature of this state for the appointment of commissioners; and it shall be lawful for the said court, to whom such application shall be made, on any such application to nominate and appoint three discreet and disinterested persons, S.'?"i»^TM» being citizens of the United States, commissioners of coi^ratkii estimate and assessment for the purpose of performing appoint three the duties hereinafter in that behalf prescribed, which en. said commissioners, before they enter upon the performance of the duties of their appointment, shall severally take and subscribe an oath or affirmation before SS" some person authorised by law to administer oaths subacute aa faithfully to perform the trust and duties required of them by this act, which oath or affirmation shall be filed in the clerks office of the city of New-York; and it shall be the duty of the said commissioners, after having viewed the lands, tenements, hereditaments and SoneST" premises so required for the purpose of opening the said public square or place, street, avenue or part or section of a. street or avenue so to be Opened, or for the purpose of laying out and forming the street or streets or public place so to be laid out and formed, or for the purpose of extending, enlarging, straightening, altering or otherwise improving the street or public place so to be extended, enlarged, straightened, altered or otherwise improved as the case may be, and the lands, tenements, hereditaments and premises on each side of the same, half way to the next street or avenue thereto, if they shall deem such view to be necessary or useful, and after causing all such surveys, maps, profiles, plans and other things as they may judge necessary to be made, done and prepared for their use, to proceed to and make a just and equitable estimate and assessment of the loss and dam

age, if any, over and above the benefit and advantage, or of the benefit and advantage, if any, over and above the loss and damage, as the case may be, to the respective owners, lessees, parties and persons respectively entitled unto or intersected in the lands, tenements, hereditaments and premises so required for the purpose,' by and in consequence of opening such public square or place, street, avenue or part or section of a street or avenue so to be opened, or by and in consequence of laying out and forming such public street or place so to be laid out and formed, or by and in consequence of extending, enlarging or otherwise improving the street or public place so to be extended, enlarged or otherwise improved as the case may be, and a just and equitable estimate and assessment also of the value of the benefit and advantage of such said public square or place, street, avenue or part or section of a street or avenue so to be opened, or such street or public place so to be laid out and formed, or of such extension, enlargement or other improvement of the street or public place so to be extended, enlarged or otherwise improved as the case may be to the respective owners, lessees, parties and persons respectively entitled unto or interested in the said respective lands, tenements, hereditaments and premises not required for the purpose of opening, laying out and forming or extending, enlarging or otherwise improving the same, but fronting or to front thereon, or being at and within half the distance of the next street or avenue thereto from the same on each side thereof, and which the said commissioners may deem to be benefitted by such public square or place, street, avenue, or part or section of a street or avenue so to be opened, or such street or public place so to be laid out and formed, or so to be extended, enlarged or otherwise improved, in respect to the respective estates and interest of such said owners, lessees, parties and persons respectively so entitled unto or interested in such said lands, tenements, hereditaments and premises so benefitted thereby, and to report to the said supreme court of judicature without unnecessary delay; and in making such estimate and assessment and report in the premises it

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or of such said street or public place so to be laid out and formed, or of such extension, enlargement or other improvement of the street or public place so to be extended, enlarged or otherwise improved, as the case may be, to any owner or owners, lessee or lessees, party or person or persons, so entitled unto or interested in any such lands, tenements, hereditaments or premises, so required for the purpose of the said operation of opening, laying out and forming or extending, enlarging or otherwise improving the same, will, in the opinion of the said commissioners, be equal and equivalent to the loss and damage of such owner or owners, lessee or lessees, party or person or persons respectively, by and in consequence of the said operation of opening, laying out and forming, or extending, enlarging or otherwise improving the same, and the relinquishment of the lands, tenements, hereditaments and premises, required for that purpose, to report that such owners, lessees, parties and persons respectively, will suffer no damage by or in consequence of making such said operation and improvement, and relinquishing the lands, tenements, hereditaments and premises, so required of him, her or them respectively, for that purpose, the benefit and advantage thereof to him, her or them, being equal and equivalent to the loss and damage that will be sustained by him, her or them, thereby: but in all cases where the benefit and advantage of such said operation and improvement to any such owner or owners, lessee or lessees, party, or person or persons, so entitled unto or interested in any lands, tenements, hereditaments and premises, required for the purpose of making the same, will, in the opinion of the said commissioners, exceed the loss and damage which he, she or they, will respectively sustain by and in consequence of the making of the same, and the relinquishment by him, her or them, of the said lands, tenements, hereditaments and premises, so required of him, her or them respectively, for that purpose, to estimate, assess and report, the excess and surplus only of the value of the said benefit and advantage over and above the said

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