Officia. oath.

Duty of commissioners.

sufficient cause is shown against granting the prayer of the petition, it shall make an order for the appointment of three disinterested and competent freeholders, who reside in the county of Livingston, or in some adjoining county, as commissioners to ascertain and appraise the compensation to be made to the owners or persons interested in the property so to be acquired, and shall fix the time and place for the first meeting of said commissioners. The commissioners shall take and subscribe the oath prescribed by the twelfth article of the constitution. Any of them may issue subpoenas and administer oathe to witnesses. A majority of them may adjourn the proceedings from time to time in their discretion. They shall view the premises described in the petition and hear the proofs and allegations of the parties and reduce the testimony taken by them, if any, to writing, and after the testimony is taken in each case they or a majority of them, all being present or having notice of the meeting to the end that they may be present, shall without unnecessary delay ascertain and determine the compensation which ought justly to be made to the owner or owners or persons interested in the property so sought to be acquired. They or a majority of them shall also determine what sum ought to be paid to the general or special guardian or committee of any infant, idiot or person of unsound mind, or attorney appointed to attend to the interests of any unknown owner or party in interest not personally served with notice of the proceeding and who has not appeared for his costs and expenses. They shall make a report of their proceedings to the supreme court with the minutes of the testimony taken by Compensa them. They shall each be entitled to five dollars for every day they

tion.

Change of ownership

are actually engaged in the performance of their duties together with their expenses to be paid by the county of Livingston. Where the owners or persons interested in the property sought to be acquired shall have awarded to them an amount not exceeding the compensation offered by said board of supervisors for such property so sought to be acquired or their interest therein, the said county may recover, and the said supreme court may award against such persons, the amount so paid to said commissioners and necessarily expended for witnesses, or such part thereof as said supreme court shall deem proper.

§ 7. When any proceedings of appraisal under this act shall have been commenced, no change of ownership shall in any manner affect affect pro such proceedings.

not to

ceedings. Confirmation of report.

Order to be recorded,

and on payment

may be taken.

§ 8. On such report being made by such commissioners, the said board of supervisors shall give notice to the parties, or their attorneys, according to the rules and practice of the supreme court, that application will be made to the said court at a general or special term thereof for the confirmation of such report, and the court shall thereupon confirm such report and shall make an order containing a recital of the substance of the proceedings and a description of the property to whom the money is to be paid, or in what bank and in what manner it shall be deposited by said board of supervisors.

§ 9. A certified copy of the order so made shall be recorded in the clerk's office of the county of Livingston and thereupon and on the payment or deposit by the said board of supervisors of the sums to be possession paid as compensation for the property so taken and for costs and expenses as aforesaid, as directed by said order, the said board of supervisors shall be entitled to enter upon, take possession of and use the said property for the purpose of the water-works, aforesaid, and all persons who have been made parties to the said proceedings shall be divested of all right, estate and interest in the same. All property

acquired pursuant to the provisions of this act shall be deemed to be acquired for public use. Within twenty days after the confirmation Appeals. of the report of said commissioners either party may appeal by notice in writing to the others to the supreme court, from the appraisal and report of said commissioners. Such appeal shall be heard by the supreme court at a general or special term thereof on the usual notice required by the rules and practice of said court. On the hearing of such appeal the court may direct a new appraisal before the same or new commissioners in its discretion. The second report shall be final and conclusive on all parties interested. If the amount of compensa- Costs, to tion to be made by said county is increased by the second report the whom difference shall be paid by said county to the parties entitled thereto, or deposited in bank as the court shall direct. If the amount is diminished, the difference shall be refunded to said county by the party to whom the same may have been paid and judgment therefor may be rendered by the court on the filing of the second report against the party liable to pay the same. No appeal shall affect the possession Effect of or use by said county of the property so appraised, and when the appeal. same is made by others than said county it shall not be heard except on stipulation of the party appealing not to disturb such possession.

charged.

§ 10. If there are adverse and conflicting claimants to the money Conflicting or any part of it to be paid as compensation.for the property so taken, claimants. the court may direct the money to be paid into the court and may determine who is entitled to the same and to whom the same shall be paid in a summary manner, and may order a reference to ascertain the facts on which such determination and order shall be made.

§ 11. In cases of appraisal under this act the court shall have Power of power to make all necessary orders and directions to carry into effect court. the object and intent of this act, and to compel the delivery to the said county of Livingston of the possession and control of all property or rights acquired thereby. The practice in such cases shall be conformed as nearly as may be to the ordinary practice of said court.

ments.

12. When the mode or manner of conducting any of the proceedings to the appraisal of the property sought to be taken, and the proceedings consequent thereon are not expressly provided for in this act, the said court before whom such proceedings are pending shall have power to make all necessary orders to that end. The said court Amend. shall also have power at any time to amend any defect or informality in any of such proceedings authorized by this act as may be necessary, or to cause new parties to be added to, and further notice to be given to any party in interest as it may deem proper, and shall also have power to appoint commissioners in place of any who shall die, refuse or neglect to serve, or be incapable of serving.

for supply

§ 13. The said board of supervisors may contract with the trustees Contract of the village of Geneseo to supply such village with such surplus of water. water as the board may deem best; and such contract shall be valid and binding upon said village; provided, however, that no such con- Proviso. tract shall be made for a longer period than five years, nor for a sum exceeding in the aggregate fifty cents per capita per annum of the population of the village, unless the proposition for the same be submitted to a vote of the citizens, and approved by a majority of the voters entitled to vote on such question, and voting at an annual election, or a special election duly called.

§ 14. This act shall take effect immediately.

Authority

property

tion.

CHAP. 112.

AN ACT to permit the Charity Organization Society of Buffalo to receive in trust from Benjamin Fitch, founder of the Creche in that city, other property, and authorizing the uses and trusts upon which such property may be conveyed.

PASSED April 15, 1881; by a two-thirds vote.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Benjamin Fitch of the city of New York is hereby to convey authorized to convey to the Charity Organization Society of Buffalo Charity the several parcels of land situate in that city, to him belonging, and descriptions whereof hereinafter follow, together with the buildings thereon and all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, for the purpose of founding and maintaining in Buffalo a public institution for the physical, moral and intellectual benefit of the worthy poor of that city, without distinction of creed or sex, and upon the special uses, intents and purposes, and upon the conditions and subject to the restrictions in the conveyance of said premises to be set forth, which conveyance may be in form as follows:

Form of conveyance.

Description of premises

This indenture, made and entered into the day of in the year eighteen hundred and eighty-one, by and between Benjamin Fitch of the city, county and state of New York, party hereto of the first part, and the Charity Organization Society of Buffalo, a corporation created by and existing under the laws of the state of New York, party hereunto of the second part, witnesseth, that said party of the first part, for and in consideration of the sum of one dollar to him paid by said party of the second part, at or before the ensealing or delivering of these presents, the receipt whereof is hereby acknowledged, and of other good consideration him thereunto moving, has granted, bargained, sold, alienated, remised, released and forever conveyed and confirmed, and by these presents does grant, bargain, sell, alienate, remise, release, convey and confirm unto the said party of the second part and to its successors forever, all and singular the following described lands and tenements. situate in the said city of Buffalo.

First. All that certain piece or parcel of land situate on the northwesterly corner of Seneca and Michigan streets in said city of Buffalo, described as follows:

Beginning at the intersection of the northerly line of Seneca street with the westerly line of Michigan street, running thence northerly and along said westerly line of Michigan street one hundred and seventy-three feet; thence westerly at right angles, sixtytwo feet; thence northerly at right angles, twenty-five feet; thence westerly at right angles fifty feet; thence southerly at right angles one hundred and ninety-eight feet to Seneca street; and thence casterly along the line of Seneca street, one hundred and twelve feet, to the place of beginning; being the same premises which are designated on a certain map annexed to a conveyance from Joseph W. Moulten to Louisa Chew, dated December eighth, eighteen hundred and twenty-nine, and recorded in the office of the clerk of Erie county in Liber twelve of Deeds, at page three hundred and sixty, as

lots numbers fourteen, fifteen and sixteen, and which were conveyed to said party of the first part by reference to said map, including all his rights in and to so much of said lot number sixteen as has since been appropriated in laying out Michigan street, and excepting only so much of said lots numbers fourteen, fifteen and sixteen as he has heretofore conveyed to one E. J. Atkinson.

Also all that certain other piece or parcel of land situate in said. city of Buffalo, and described as follows:

Beginning at a point on the westerly line of Michigan street one Ibid. hundred and fifty feet southerly from the southerly line of Swan street, being at the south-east corner of land heretofore conveyed by said party of the first part to the said The Charity Organization Society of Buffalo; ruuning thence westerly at right angles one hundred feet; thence southerly at right angles forty-eight feet to the northerly line of the land herein before described; thence easterly at right angles one hundred feet to Michigan street, and thence northerly and along the line of Michigan street forty-eight feet to the place of beginning.

Second. All that piece or parcel of land situate in said city of Buffalo, and described as follows:

Beginning at a point in the northerly line of Seneca street at its intersection with the westerly line of what is known as Fitch alley; running thence northerly and along the westerly line of said alley eightynine feet; thence westerly parallel with Seneca street one hundred feet; thence southerly parallel with said alley eighty-nine feet to the northerly line of Seneca street; thence easterly and along said line of Seneca street one hundred feet to the place of beginning; being the southerly parts of the lots designated as lots numbers nineteen and twenty on the map herein before referred to, and this description being intended to cover all that said party of the first part now owns of said lots.

Also, all that certain other piece or parcel of land situate in said city of Buffalo, and described as follows:

Beginning at a point in the northerly line of Seneca street, one hundred Ibid. feet easterly from the easterly line of what is known as Fitch alley; running thence northerly at right angles and parallel with said alley one hundred and seventy-eight feet to Folsom street; thence easterly and along the line of Folsom street one hundred feet; thence southerly and parallel with said Fitch alley one hundred and seventy-eight feet to Seneca street; thence westerly and along the line of Seneca street one hundred feet to the place of beginning; being the same premises which are designated as lots numbers twenty-three and twenty-four on the map herein before referred to, except that Folsom street has been laid out through the northerly twenty feet of said lots. Also, all that certain other piece or parcel of land in said city of Buffalo, known and distinguished as part of subdivision lot number one hundred and three on a subdivision of outer lots, numbers one hundred and ten, one hundred and eleven, one hundred and eighteen, bounded as follows:

Beginning at a point in a southerly line of Broadway (formerly Ba- Ibid. tavia street), forty feet easterly from Oak street; thence on the line of Broadway easterly, forty feet, thence at right angles southerly ninety-eight feet; thence parallel with Broadway westerly forty feet; thence at right angles northerly ninety-eight feet, to the place of beginning.

Also, all that certain other piece or parcel of land in said city of Buffalo, described as follows:

Ibid.

Beginning at a point in the westerly line of Main where it is intersected by the northerly line of Prime street; thence northerly along said line of Main street twenty-two feet, ten inches; thence westerly at right angles with Main street to Prime street; thence southerly and easterly along the westerly and northerly line of Prime street to the place of beginning.

Also, all that certain piece or parcel of land in said city of Buffalo, situate on the south-west corner of Main and Prime streets, known and distinguished on a map of the village, now city of Buffalo, made by Joseph Ellicott, surveyor, as part of outer lot number eighty-four, and also distinguished on another map of said outer lot number eightyfour, made by F. W. G. Camp, into smaller lots, as part of outer lot number two and bounded as follows:

Beginning at a point in Main street eleven feet southerly from the north-east corner of said lot number two, and running thence westerly at right angles to Main street aforesaid, about thirty feet four inches to the northerly line of said lot number two; thence along said line south, eighty and one-quarter degrees west, forty-one feet six inches to a stake twelve feet easterly from the westerly line of Prime, formerly Quay street; thence south, twenty degrees thirty minutes east, twenty feet to a stake; thence along the northerly bounds of lands owned (in the year eighteen hundred and forty) by William F. Miller and others, to a point in the westerly line of Main street twenty-two feet from the place of beginning; thence northerly along the aforesaid westerly line of Main street, twenty-two feet to the place of beginning.

Also, all that certain other piece or parcel of land in said city of Buffalo, being part of outer lot number one, and known as subdivision lot number twenty-five on a map of said outer lot made for Philander Bennett by James J. Baldwin, surveyor, being forty-six and two-thirds feet easterly from Le Coutenlx street and bounded northerly by the south line of Canal (formerly Rock) street, twenty-three and forty-seven one-hundredths feet; and easterly by an alley about sixtyeight feet; southerly by subdivision lot number seventy-four twentythree and one-third feet; and westerly by subdivision lot number twenty-four about seventy feet.

Also, all that certain other piece or parcel of land in said city of Buffalo, being part of outer lot number one in said city, and distinguished as subdivision lots numbers seventeen and eighteen of the subdivision of said outer lot number one, made by Philander Bennett and William Williams, bounded as follows:

Beginning in the north-easterly line of Canal (formerly Rock) street forty seven and four-tenths north-westerly from its intersection with the north-easterly line of Maiden lane; thence running north-westerly along said line of Canal street forty feet; thence north-easterly at right angles with Canal street to the Erie canal towpath; thence south-easterly along the line of the Erie canal towpath forty feet; thence south-westerly at right angles with Canal street to Canal street, the place of beginning.

Also, all that certain other piece or parcel of land in said city of Buffalo, bounded as follows:

Beginning in the westerly line of State street at its intersection with the northerly line of Fly street; thence northerly along the westerly line of State street thirty-six feet; thence westerly parallel with Fly street seventy feet to an alley ten feet wide; thence southerly