o to be opened, or laying out and forming, or extendng, enlarging or otherwise improving the said street or public place, so to be laid out and formed. or exended, enlarged or otherwise improved, as the case

nay be: And provided also, That it shall be lawful Corporation

with owners

pointment of

or the said mayor, aldermen and commonalty, at any may agree
me or times, either before or after the appointment after the ap-
f commissioners in the premises, for any of the pur- comm'ri.
oses aforesaid, to agree with the owners, lessees, par-
es and persons, entitled unto or interested in the lands,
nements, hereditaments and premises, that either will
e benefitted by, or may be required for the purpose
making the operation and improvement intended to
e made, or with any or either of such owners or
her parties interested therein, for and about the ces-
on of the lands, tenements, hereditaments and pre-
ises, required of him, her or them respectively, for
e purpose of making such said intended operation
d improvement; and for and about the compensa-
on and recompence to be made to him, her or them,
r the same; or for and about the allowance, or sum
sums to be allowed and paid, by such owners and
rties respectively, or by any or either of them, for
e benefit and advantage of the public square, place,
reet, avenue, or part or section of a street or avenue,
to be opened, or the street or public place so to be
d out and formed, or the extension, enlargement or
her improvement of the street or public place, so to
: extended, enlarged or otherwise improved, to him,
r or them, over and above the value of the lands, te-
ments, hereditaments and premises, that may be re-
ired, if any lands, tenements, hereditaments or pre-
ises, shall be required of him, her or them, for the
rpose of opening, laying out and forming, or ex-
nding, enlarging or otherwise improving the same:
ad in case of any such agreement or agreements with
art only of the said owners and parties entitled unto
nd interested in the said lands, tenements, heredita-
ents and premises, so required for the purpose of
aking any such operation and improvement as afore-
id, or to be benefitted thereby, the same shall be
alid and binding upon the parties thereto, and the

Duty of

cases where

only are re

quired.

said commissioners shal' nevertheless enter upon and make, or proceed with their said estimate and assessment, and make report to the said court as to the residue of the said lands, tenements, hereditaments and premises, required for the said purpose of making such said operation and improvement, or to be benefitted thereby, concerning which the owners thereof and parties interested therein shall not agree; and the said report, when confirmed, shall be of like force and effect in regard to the matters comprised therein, as if no such agreement as to part, of the premises had been made.

III. And be it further enacted, That it shall be lawcomm'rs. in ful for the said commissioners, so to be appointed by parts of lots the court aforesaid, for any of the purposes aforesaid, in all cases where part only of any lot or lots, or parcel or parcels of land, or of any other tenements, hereditaments or premises, shall be required for any of the aforesaid purposes, leaving a residue of such lot or lots, or parcel or parcels of land, or other premises belonging to the same owner or owners, or parties in interest, to whom the said part thereof, so required for such purpose, shall belong; and they, the said commissioners, shall deem it expedient and proper so to do, to include and comprise, in their said estimate and assessment, the whole or any part of such said residue of such lot or lots, or parcel or parcels of land, or other premises, along with the part of the same so required for the said purpose of the said intended operation and improvement, in like manner as if the said residue, or the part thereof so to be included in the said estimate and assessment, was required for the purpose of making the said operation and improvement so to be made: and all the said part and residue of the said lot or lots, or parcel or parcels of land, or other premises, so included in the said estimate and assessment, and not required for the purpose of making such said operation and improvement, shall, on the confirmation by the said court of the said report of the commissioners of such further report as may be made in the premises, become and be vested in the said mayor, aldermen and commonalty, of the city of New-York, and their suc

cessors, in fee simple, who may appropriate the same, or any part thereof, to public uses, and shall and may sell and dispose of the residue thereof, or the whole, in case of no appropriation of any part thereof, for public uses: Provided,

IV. And be it further enacted, That in case of the sale of the same, or any part thereof, the net money and proceeds arising and to be received therefrom, after deducting and paying the charges of such sale, and the proceedings and conveyance consequent thereon, shall be credited and allowed by the said mayor, aldermen and commonalty, towards and as part payment of the surplus, if any surplus there shall be, as the amount of the sums estimated and reported to be paid for damages by and in consequence of the making the said operation and improvement, in the said report mentioned, over and above the amount of the sums or assessments assessed and reported to be paid for the benefit and advantage thereof, to those who may be deemed to be benefitted thereby.

In

cases of

leased premi
ses being ta-

ken, and the
comm's re-
armed, the

report of the

lative there

contracts be
tween land-

ant shall

termine as to

the premises,

V. And be it further enacted, That in all cases where the whole of any lot or parcel of land, or other premises, under lease or other contract, shall be taken for any of the purposes aforesaid, by virtue of this act, all the covenants, contracts and engagements, between landlord and tenant, or any other contracting parties, touching the same, or any part thereof, shall, upon the lot and tenconfirmation of such report in the premises as shall be confirmed by the court aforesaid, respectively cease taken and determine, and be absolutely discharged; and in all cases where part only of any lot or parcel of land, or other premises, so under lease or other contract, shall be so taken for any of the purposes aforesaid, all contracts and engagements respecting the same shall, upon the confirmation of such report in the premises as shall be so confirmed as aforesaid, cease, determine and be absolutely discharged as to the part thereof so taken, but shall remain valid and obligatory as to the residue thereof; and the rents, considerations and payments, reserved or payable and to be paid for or in respect to the same, shall be so apportioned as that the

.

Comm'rs shall deposit ampy

their aver

clerk's office

fore making

their report,

and shall

ive notice puhe new

thereof in 2

japers.

part thereof justly and equitably payable, or that p
to be paid for such said residue thereof, and no mire.
shall be demanded or paid, or recoverable for or in re-
spect of the same.

VI. And be it further enacted, That the said commissioners of estimate and assessment, to be appointment in the ed under and by virtue of this act, for any of the pr 14 days poses aforesaid, after completing their said estimate and assessment, and at least fourteen days before they make their report to the said court, shall deposit a true copy or transcript of such estimate and assessment in the clerk's office of the city of New-York, for the inspection of whomsoever it may concern, and shall give notice, by advertisement to be published in at least two of the public newspapers printed in the city of New-York, of the said deposit thereof in the said office, and of the day on which their report will be presented to the said court; and any person or persons Any person whose rights may be affected thereby, and who shall object to the same, or any part thereof, may, within ten days after the first publication of the said notice, within a cer- state his, her or their, objections to the same, in writing, to the said commissioners; and the said commissioners, or such of them as shall make such estimate and assessment, in case any objection shall be made to the same, and stated in writing as aforesaid, shall reconsider their said estimate and assessment, or the part or parts thereof so objected to, and in case the same shall appear to them to require correction, but upon correct not otherwise, they shall and may correct the same accordingly.

whose rights may be afected by the

assesment

may object

ám time.

Comm'rs. may there

the same.

be paid by

the corpora

Damages to VII. And be it further enacted, That the said maytoor, aldermen and commonalty, shall, within four cafour calender lender months after the confirmation of the report of confirmation the commissioners in the premises by the court, pay the persons to the respective persons and bodies politic or corpor

months after

of report to

entitled.

ate, mentioned or referred to in the said report, in whose favor any sum or sums of money shall be estimated and reported by the said commissioners, the respective sum or sums so estimated and reported in their favor respectively; and in case of neglect or default in the payment of the same within the time afore

payment parties entit

said, the respective person or persons, or party or par- In case of ties, in whose favor the same shall be so reported, his, neglect of her or their, executors, administrators or successors, the at any time or times after application first made by may sue for him, her or them, to the said mayor, aldermen and commonalty, in common council convened, for payment thereof, may sue for and recover the same, with lawful interest, from and after the said application therefor, and the costs of suit, in any proper form of action against the said mayor, aldermen and commonalty, in any court having cognizance thereof, and in which it shall be sufficient to declare generally, for so much money due to the plaintiff or plaintiffs therein, by virtue of this act, for premises taken for the purposes herein mentioned; and it shall be lawful for the plaintiff or plaintiffs to give any special matter in evidence under such general declaration, and this act, and the report of the said commissioners, with proof of the right and title of the plaintiff or plaintiffs to the sum or sums demanded shall be conclusive evidence in such suit or action: Provided,

Proviso for

eases

of land

under age, non compos

or absent

city.

VIII. And be it further enacted, That whenever the owners and proprietors of any such lands, tene- in ments, hereditaments and premises, so to be taken for ers any of the purposes aforesaid, or the party or parties, mentis. Re person or persons, interested therein, or any or either mes covert, or them, the said owners, proprietors, parties or from the persons, in whose favor any such sum or sums, or compensation, shall be so reported, shall be under the age of twenty-one years, non compos mentis, feme covert or absent from the city of New-York, and also in all cases where the name or names of the owner or owners, parties or persons, entitled unto or interested in any lands, tenements, hereditaments or premises, that may be so taken for any of the purposes aforesaid, shall not be set forth or mentioned in the said report, or where the said owners, parties or persons respectively, being named therein, cannot, upon diligent enquiry, be found, it shall be lawful for the said mayor, aldermen and commonalty, to pay the sum or sums mentioned in the said report, payable, or that would be coming to such owners, proprietors, parties and