Report commission of twenty days previous to the said appointment; and they shall, in addition to the said advertisement, cause copies of the same, in handbills, to be posted up for the same space of time, in three conspicuous places adjacent to the property to be affected by the intended improvement. At the time thus specified, the mayor, aldermen and commonalty, shall nominate three discreet and disinterested persons to said court, of whom they shall designate one, who shall be appointed. Any person who may be interested in the property which will be affected by the intended improvement, (which interest for that purpose shall be decided by his own affidavit, stating the nature and extent of such interest,) may present to the court the name of one or more persons, which names shall form a list, out of which, if a majority in interest of the persons so interested shall agree upon the name of one person, 'that person shall be appointed; but if a majority shall not agree upon one person, then the court shall appoint one person out of the names in such list; after which, the said court shall appoint a third person, out of the names so presented by the common council and by the parties interested; all of which persons so nominated shall be subject to the right of challenge on the ground of interest, incapacity, or disqualification, to be exercised by the said mayor, aldermen and commonalty, or by any person having an interest in the said matter; and if any of them be rejected for good cause, or refuse to serve, then another shall be nominated in his stead by the same party. of SEC. 3. It shall be the duty of the said commissioners, in all cases, to report fully and separately to the said court the amount of loss and damage, and of benefit and advantage to each and every owner, lessee, party and person entitled unto, or interested in any lands, tenements, hereditaments or premises, so required for the purpose of any such operation or improvement. Abstract, etc where to be SEC. 4. An abstract of the estimate and assessment of the said deposited. commissioners, containing the names of the owners of the lots asssessed, the numbers of such lots as they appear on the map of the commissioners, together with such map; and the amount of the assessments, whether for damage or benefit; and also all the affidavits, estimates and other documents which were used by the said commissioners in making their said report, shall be deposited in the street commissioner's office of the city and county of New York, for the inspection of whomsoever it may concern, for at least sixty days before the said commissioners make their report to the said court. They shall give notice of the time and place of making their said report, by advertisement, to be published in at least four of making re of the public newspapers printed in the said city, for and during Notice the space of at least sixty days, previous to the making of said re- port. port to the said court; and by copies of the said advertisement, in handbills, to be posted up for the same space of time, in the manner herein before directed. Similar notice, for at least twenty days, shall be given of any supplemental or amended report. assessment. SEC. 5. Any person or persons whose rights may be affected by Objection to the said estimate and assessment, and who shall object to the same or any part thereof, may, within thirty days after the first publication of the said notice, state his, her or their objections to the same in writing to the said commissioners; which statements shall not be received by the said commissioners, unless verified by his, her or their affidavits, or the affidavits of other persons, or both; and it shall be the duty of the said commissioners, in all cases, to transmit to the said court, together with their said report, all the written statements and affidavits which may have been served upon them within the time aforesaid. And at the expiration of the said thirty days, it shall be the duty of the said commissioners to give at least ten days' notice in manner aforesaid, of a time and place, when and where any person or persons, who may consider themselves aggrieved by such estimate or assessment, shall be heard in opposition to the same; and the said commissioners shall have power to adjourn, from time to time, within the space of ten judicial days, until all such person or persons are fully heard. compelled to SEC. 6. Upon the application of any person or persons whose Witness how rights may be affected by the said estimate or assessment, verified testify. by the oath or affirmation of such applicant or his agent, that any witness, residing or being in the city and county of New York, whose affidavit to verify or oppose any objection to the said estimate or assessment is material or necessary to such party, refuses voluntarily to appear before any officer authorized to take such affidavit, to testify or affirm to such matters as he may know, touching such objection, any one of the justices of the Superior Court of the city of New York may issue a subpoena, under his hand, requiring such witness to appear and testify to such matters as he may know, touching the said estimate or assessment, at such time and place as the said justice may designate in such subpoena. And every person, who, being served with such subpoena, shall, without reasonable cause, refuse or neglect to appear, or appearing shall refuse to answer, under oath or affirmation, touching the matters. aforesaid, shall forfeit to the party injured one hundred dollars; and may also be committed to prison by the judge who issued such subpoena, there to remain, without bail, and without the liberties Interest on amount of assessment. Notice motions to of the jail, until he shall submit to answer, under oath or affirmation as aforesaid. The testimony of such witness, when given, shall be reduced to writing in the presence of, and be sworn or af firmed to before such judge. SEC. 7. The said mayor, aldermen and commonalty, shall be authorized at any time previous to the confirmation of the report by the said court, to discontinue all further proceedings relative to said improvement, without the necessity of an application to said court for leave so to do. SEC. 8. Whenever an estimate and assessment for loss and damage and for benefit and advantage, shall be made by the said commissioners relative to the same person or persons, no interest shall be demanded from such person or persons, upon the amount assessed for benefit and advantage, except on the excess of the amount he is to pay over, and above the amount he is to receive for, or in consequence of any intervening time between the period fixed for the receipt of the amount of benefit and advantage, and the payment of the amount of loss and damage. of SEC. 9. All motions (except as hereinbefore provided) made unbe published der and by virtue of the act hereby amended, before the said court, or any court to which an appeal may have been made, shall be upon giving previous notice of the time, place and object of such motion, to be published for at least fourteen days in four of the public newspapers, and by copies of said notice in handbills, to be posted up for the same space of time in the manner herein before directed. Notice of owners be sing sale of SEC. 10. No real estate or other property shall be sold or adverfore adverti- tised for sale, for the non-payment of any assessment or tax laid lands. upon real estate, unless notice in writing shall have been left at the residence of the owner or owners, if residing in the city of New York; or if, upon diligent inquiry, such owner or owners cannot be found, then at the residence of the tenant or tenants upon the said premises, at least twenty days previous to such advertisement; and if such owner or owners do not reside in said city, or upon diligent inquiry cannot be found, and the premises are without a tenant or tenants, then such notice in writing shall be put up for the same space of time, in some conspicuous place on the premises so assessed or taxed. Sections repealed. SEC. 11. The one hundred and seventy-ninth, and one hundred and eightieth sections of the act hereby amended, are repealed. SEC. 12. No costs or charges to the said commissioners, their at Costs of com torney, counsel or others, shall be paid or allowed for any services to be performed under this act, or the act hereby amended, unless the same shall be taxed by the said court, who are required to make rules to apply to the said bill of costs, the existing laws in relation to the taxation of costs, and the nature and proof of the services rendered, and disbursements charged, as far as the same can be made applicable; and no unnecessary cost or charges shall be allowed. Public notice of the time and place of the taxation of costs Notice shall be given, for the same time and in the same manner as no- be published tices are required to be given by the above ninth section; and a copy of the bill of costs, containing items and particular services performed, shall be deposited in the office of the street commissioner at the time of the first publication of such notice. [Note U, Appendix.] taxution clause. SEC. 13. So much of the act aforesaid, or of any other act, as is Repealing inconsistent with the provisions of this act, is hereby repealed. of to take effect. SEC. 14. This act shall take effect on its passage; but no part when thereof, except the ninth and twelfth sections, shall affect in any respect any proceedings under the act hereby amended, which may have been commenced previous to the passage of this act. 1839.-CHAPTER CCXLVI. AN ACT to vest certain Lands, Tenements and Hereditaments in the Mayor, Aldermen and Commonally of the City of New York, for the certain Purposes.-Passed April 26, 1839. The People of the State of New York, represented in Senate and Assembly, do enact as follows: may become land in 12th SEC. 1. It shall be lawful for the mayor, aldermen and common- Corporation alty of the city of New York, to acquire and become the owners in owners of fee of all and singular the lands, tenements, hereditaments and pre- ward. mises, situate, lying and being in the Twelfth ward of the said city, and bounded as follows: Beginning at the northwesterly corner of One hundred and twentieth street and the Third avenue, as established by law, and running thence northerly along the line of said Third avenue two hundred and one feet and ten inches, to the southerly line of One hundred and twenty-first street; thence westerly along the southerly line of One hundred and twenty-first street two hundred and seventy-five feet; and thence southerly on a line parallel to the line of the Third avenue two hundred and one feet and ten inches, to the northerly line of One hundred and Title, how to be acquired. how to be twentieth street; and thence easterly along the said line of One hundred and twentieth street two hundred and seventy-five feet, to the place of beginning. SEC. 2. The mayor, aldermen and commonalty of the city of New York, shall become vested with the title to the said lands, tenements, hereditaments and premises, in the same manner and by the like proceedings as are prescribed in and by the act, entitled "An act to vest certain lands, tenements and hereditaments in the mayor, aldermen and commonalty of the city of New York," passed April 22, 1834, in relation to the lands, tenements, hereditaments and premises described in the said act; and all the provisions of the said act, except the first and twentieth sections thereof, shall apply to the proceedings to be instituted and carried on for the purposes of this act. 1839. CHAPTER CCCXVIII. AN ACT prescribing the Manner in which the Croton Aqueduct shall pass the Harlem River.-Passed April 3, 1839. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Aqueduct, SEC. 1. The water commissioners of the city of New York, shall constructed. construct an aqueduct over the Harlem river, with arches and piers, the arches in the channel of said river shall be at least eighty feet span, and not less than one hundred feet from the usual high water mark of the river to the under side of the arches at the crown; or they may carry the water across said river by a tunnel under the channel of the river, the top of which tunnel shall not be above the present bed of the said channel. 1839. CHAPTER CCCXLIII. AN ACT relative to the Collection of Fines and Recognizances in the The People of the State of New York, represented in Senate and Assembly, do enact as follows: SEC. 1. All the provisions contained in article second, title sixth of chapter eight of part third of the Revised Statutes, from section sixteen to section forty-second inclusive, shall apply to the several courts of record of the city and county of New York, and sections |