loss and damage as and for the sum or allowance to be allowed and paid, and the same shall be the sum or allowance to be allowed and paid by him, her or them respectively, for the benefit and advantage of the said public square, place, street or avenue, or part or section of a street or avenue, so to be opened, or of the said street or public place so to be laid out and formed, or of the said 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 him, her or them respectively and in all cases also where any owner or owners, lessee or lessees, party or person or persons, who may be interested in or entitled unto any lands, tenements, hereditaments or premises, not included within the limits of 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 extended, enlarged or otherwise improved, but fronting or to front upon, or being within half the distance of, the next street or avenue thereto from the same, on either side thereof, will, in the opinion of the said commissioners, be benefitted by opening, laying out and forming, or extending, enlarging or otherwise improving the same, as the case may be, to estimate, assess and report, the value of such benefit to such owner or owners, lessee or lessees, parties and persons respectively, in respect to the said lands, tenements, hereditaments and premises, wherein he, she or they, may respectively be so interested, and in which said report the commissioners who shall make the same shall set forth the names of the respective owners, lessees, parties and persons, entitled unto or interested in the said lands, tenements, hereditaments and premises, mentioned in the said report, and each and every part and parcel thereof, as far forth as the same shall be ascertained by them, and an apt and sufficient designation or description of the respective lots or parcels of land, and other tenements, hereditaments and premises, that may be required for the purpose of opening such public square, place, street or avenue, or part or section of a street or avenue, so to be opened, or laying out and forming,

or extending, enlarging or otherwise improving such street or public place, so to be laid out and formed, or so to be extended, enlarged or otherwise improved, as the case may be; and also of the said respective lots or parcels of land, and other tenements, hereditaments and premises, not included within but deemed to be benefitted by the same, and so assessed by the said commissioners, for the said benefit as aforesaid; and also the several and respective sums estimated and assessed as and for the compensation and recompence, or the allowance to be made for the loss and damage, or for the benefit, as the case may be, of the respective owners of the fee or inheritance of such said lands, tenements, hereditaments and premises respectively; and for the loss and damage, or for the benefit, as the case may be, of the respective owners of the leasehold estates or other interests therein separately: but in all, and each and every case and cases where the owners and 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 assess, and to set forth and state, in their said report, in general terms, the respective sums to be allowed and paid to or by the owners and proprietors generally of such said lands, tenements, hereditaments and premises, and parties interested therein, for the loss and damage, or for the benefit and advantage, as the case may be, to such owners, proprietors and parties, interested in respect of the whole estate and interest, of whomsoever may be entitled unto or interested in the said lands, tenements, hereditaments and premises respectively, by and in consequence of the said operation and improvement of opening, laying out and forming, or extending, enlarging or otherwise improving the said public square or place, street, avenue, or part or a section of a street or avenue, so to be opened, or so to be laid out and formed, or extended, enlarged or otherwise improved, as the case may be, without specifying the names, or the estates or interests, of such owners, proprietors and parties interested, or of any or either of them: and upon the coming in of the said report, signed by the said commission

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Report of the ers, or any two of them, the said court shall, by rule commission or order, after hearing any matter which may be alconfirmed by ledged against the same, either confirm the said report, or refer the same to the same commissioners for revimissioner, sal and correction, or to new commissioners, to be appointed by the said court to reconsider the subject be appointed matter thereof; and the said commissioners, to whom the said report shall be so referred, shall return the same report corrected and revised, or a new report to be made by them in the premises, to the said court without unnecessary delay; and the same, on being so returned, shall be confirmed, or again referred by the said court, in manner aforesaid, as right and justice shall require, and so from time to time, until a report shall be made or returned in the premises which the said court shall confirm: and such report, when so confirmed by the said court, shall be final and conclusive, as well upon the said mayor, aldermen and commonalty, of the city of New-York, as upon the owners, lessees, persons and parties, interested in and entitled unto the lands, tenements, hereditaments and premises, mentioned in the said report, and also upon all other persons whomsoever; and on such final confirmation of such report, by the said court, the said mayor, aldermen and commonalty, of the city of New-York, shall become and be seised in fee of all the said lands, tenements, hereditaments and premises, in the said report mentioned, that shall or may be so required for the purpose of opening the said public square or place, street or avenue, or part or section of a street or avenue, so to be opened, or for the purpose of laying out and forming the said street or public place, so to be laid out and formed, or for the purpose of extending, enlarging or otherwise improving the street or public place, so to be extended, enlarged or otherwise improved, as the case may be, the same to be appropriated, converted and used, to and for such said purpose accordingly; and thereupon the said mayor, aldermen and commonalty, or any person or persons acting under their authority, may immediately, or at any time or times thereafter, take possession of the same, or any part or parts there

of, without any suit or proceeding at law for that purpose: In trust nevertheless, That the same be appropriated and kept open for or as part of a public street, avenue, square or place, forever, in like manner as the other public streets, avenues, squares and places, in the said city, are, and of right ought to be: Provided, That the said mayor, aldermen and commonalty, may permit any building, which shall be either partly or wholly included within the limits of any such street, avenue, public square or place, laid out in the said city by the commissioners of streets and roads, in the city of New-York, under and by virtue of the before mentioned act, entitled "an act relative to improvements touching the laying out of streets and roads in the city of New-York, and for other purposes," and so to be opened as aforesaid, to remain unremoved for such time or times as they shall think proper: Provided also, That it shall not be lawful for the said commissioners of estimate and assessment, to be appointed under and by virtue of this act, to allow any sum or compensation whatsoever for any building or buildings which at any time, subsequently to the filing of the maps mentioned in the fifth section of the said last mentioned act, may have been built, placed or erected, or which, at any time hereafter, may be built, placed or erected, in part or in whole, on any such street, avenue, public square or place, laid out by the said commissioners of streets and roads, in the city of NewYork, under and by virtue of the said last mentioned act: But provided further, That compensation and recompence shall be made to the owners thereof, and parties interested therein, for all buildings and improvements erected, placed or made, wholly or in part, upon any part of any such street, avenue, square or public place, so to be opened at any time before the time of the filing of the maps aforesaid: And further, That it shall be lawful for the said commissioners of estimate and assessment, if they shall deem it just and equitable under the circumstances to do so, but not otherwise, to assess any part, not exceeding one-third part, of the estimated value of any such building or buildings, but not of any other improvement, upon the

said mayor, aldermen and commonalty, of the city of New-York: And provided also, That if it should become necessary, for the purpose of laying out and forming, or extending, enlarging or otherwise improv. ing any street or public place, in any part of the said city of New-York, not laid out into streets, avenues, squares and public places, by the said commissioners of streets and roads, in the city of New-York, under and by virtue of the said last mentioned act, to remove any building or buildings, it shall and may be lawful to and for the said commissioners of estimate and as sessment, at their discretion, if they shall deem it equit able and just to do so, but not otherwise, to assess any part of the estimated value of such building or build. ings, upon the said mayor, aldermen and commonalty, of the city of New-York: And provided also, That if any lands, tenements, hereditaments or premises, be longing to the said mayor, aldermen and commonalty of the city of New York, or wherein they may be interested, shall be required for any of the purposes aforesaid, or shall be benefitted by any such operation and improvement, as herein before mentioned, the said mayor, aldermen and commonalty, shall be entitled to compensation and recompence for the loss and damage they may sustain, and shall be bound to allow and pay for the benefit and advantage they may be deemed to acquire thereby, in like manner as other owners and proprietors of lands and premises, required for the purpose of making the said operation and improvement, or deemed to be benefitted thereby; and it shall be lawful for the said commissioners of estimate and assessment, and they are hereby directed, in each and every such case, to estimate and assess upon the prin ciples, and in the manner herein aforesaid, and to report the sum or sums which, in their opinion, ought to be allowed and paid to or by the said mayor, alder men and commonalty, for the said loss and damage, or for the said benefit and advantage, as the case may be, to the said mayor, aldermen and commonalty, by and in consequence of such said operation and im provement of opening the said public square, place, street, avenue, or part or section of a street or avenue,