Apportionment of cost be boroughs erty bene by the commissioners of the sinking fund, the said commissioners shall direct the president of the borough of Manhattan of said city to take possession of said elevated railroad structure, tracks, stations, platforms, stairways and appurtenances and remove the same from said parts of said streets. 3. Said board of estimate and apportionment without the consent or approval of the transit commission may determine tween city, whether any, and if any what portion of said cost, expense, comand prop- pensation and damages including such costs and additional fited. allowances as shall have been granted and allowed by the court to the claimant or claimants in the proceeding, shall be borne and paid by the city of New York or by one or more boroughs thereof. and the whole or the remainder of said cost, expense, compensation and damages including such costs and additional allowances as shall have been granted and allowed by the court to the claimant or claimants in the proceeding, shall be assessed upon the real property deemed by said board to be benefited by the removal of the structures obstructing said avenue and the extinguishment of all rights, easements and franchises therein. The determination by said board as to the portion of said cost, expense, compensation and damages including such costs and additional allowances as shall have been granted and allowed by the court to the claimant or claimants in the proceeding to be borne by the said city, or by one or more boroughs thereof, and as to the area of the real property benefited thereby, shall be made in the manner provided by the Greater New York charter as amended, as to similar determination, by said board as to the acquisition of real property for streets and parks, and said board may amend either of said determinations in the manner provided in said charter. The portion of the cost and expense, compensation and damages including by city and such costs and additional allowances as shall have been granted and allowed by the court to the claimant or claimants in the proceeding, if any, to be borne by said city or by one or more boroughs thereof, shall be levied and collected as provided in section two hundred and forty-seven of the Greater New York charter. Levy of portion to be borne boroughs. Strengthen of elevated demned. pursuant to the pronecessary to strengthen elevated railroad struc § 4. The board of estimate and apportionment shall have ing portion authority, subject to the approval of the transit comstructure mission, to determine whether the condemnation and removal not con- of the elevated railroad structure under authority of this act will render it necessary to strengthen or provide new supports for the remainder of the elevated railroad structure not condemned, and if said board shall determine that the removal of the elevated railroad structure condemned visions of this act will render it or provide new supports for the ture not condemned, said board, subject to the approval of the transit commission, shall approve plans therefor and said plans, when approved by said board and by said transit commission, shall be authority for the construction and maintenance of the new structures and supports shown thereon, but the approval of such plans shall not be a prerequisite to the right to condemn hereby granted. 5. This act shall take effect immediately. CHAPTER 42 AN ACT to authorize the city of New York to acquire by condemnation the right to remove the elevated railroad structure from Sixth avenue, between Fifty-third street and Fifty-ninth street, in the borough of Manhattan of said city, and to extinguish all rights in said structure or to maintain the same or to operate cars or trains thereon or thereover, and to provide compensation for the loss of such rights, and to assess the cost and expense thereof upon property benefited thereby. Became a law March 17, 1924, with the approval of the Governor. Passed by a two-thirds vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows: thorized to move from Section 1. The city of New York, acting by its board of estimate City auand apportionment, and with the approval of the transit com- to conderan mission, is authorized to acquire by condemnation, in the right to remanner prescribed by title four of chapter seventeen of the Sixth Greater New York Charter as amended, the right to remove from that part of Sixth avenue, in the borough of Manhattan of said city, described as follows: avenue Beginning at the corner formed by the intersection of the northerly line of West Fifty-third street with the westerly line of Sixth avenue, as these streets are now laid out; thence northerly and along the westerly line of Sixth avenue, distance fifteen hundred and forty-five feet to the corner formed by the intersection of the southerly line of West Fifty-ninth street with the westerly line of Sixth avenue; thence easterly, at right angles to the said westerly line of Sixth avenue, distance one hundred feet to the corner formed by the intersection of the southerly line of West Fifty-ninth street with the easterly line of Sixth avenue; thence southerly along the easterly line of Sixth avenue, distance sixteen hundred and five feet to the corner formed by the intersection of the southerly line of West Fifty-third street with the easterly line of Sixth avenue; thence westerly, at right angles to the said easterly line of Sixth avenue, distance fifty feet; thence northwesterly, deflecting to the right, forty-five degrees, distance thirteen feet one and eleven-sixteenths inches; thence northerly, deflecting to the right, forty-five degrees, distance twenty-two feet eight and one-half inches; thence deflecting to the left, fifty-five degrees twenty-eight minutes and forty-five seconds, distance forty-nine feet five inches to the point or place of beginning, the elevated railroad structure, tracks, stations, platforms, elevated stairways and appurtenances now existing within said part structures, of said avenue, and also to acquire the right to extinguish and to exall rights, easements and franchises of every nature whatsoever, rights and by whomsoever owned, under which said elevated railroad structure, tracks, stations, platforms, stairways and appurtenances were constructed and are maintained; and also to extinguish all rights, easements and franchises, by whomsoever owned, to further maintain said elevated railroad structure tracks, stations, platforms, railroad tinguish franchises, and to operate cars. tion to owners. stairways and appurtenances in said part of said avenue, and to operate cars or trains of any kind whatsoever thereon or thereover Compensa upon making compensation, including such costs and additional allowances not exceeding in the aggregate the sum of forty thousand dollars as the court, in its discretion, may grant in proceedings instituted under this act, to the owners or parties interested therein, and said city may, pursuant to the provisions of title four of chapter seventeen of the Greater New York charter as amended, assess all or any part of the cost, expense, compensation and damages incurred for or on account thereof, including such costs and additional allowances as shall have been granted and allowed by the court to the claimant or claimants in the proceeding upon real property benefited as a result thereof. Assess ment of cost on property benefited. When property may vest in to final decree. In such case interest to be added to award. § 2. Should the board of estimate and apportionment deem it in the public interest that title to said rights, easements, franchises city prior and property of every nature and description authorized by this act to be acquired, should become vested in the city of New York prior to the entry of the final decree in the proceeding to ascertain the compensation and damages sustained by the owners and parties interested therein by reason of such acquisition and extinguishment of rights therein, said board, at any time after the entry of the order of the supreme court granting the application of said city to condemn the same, may, by a three-fourths vote and without the consent or approval of the transit commission direct that title to said rights, easements, franchises and property shall be and become vested in said city upon a specified date, and upon the date specified the said city shall be and become seized of said rights, easements, franchises and property. In case title to said rights, easements, franchises and property shall vest in said city pursuant to a resolution of said board prior to the entry of the final decree in the proceeding to acquire the same, interest at the legal rate upon the sum or sums to which the owners or parties interested are justly entitled, upon the date of the vesting of title in said city, from said date to the date of the final decree of the court shall be awarded by the court, as part of the compensation to which such owners are entitled and included in the assessments for benefit. In case title shall not vest in said city prior to the entry of the final decree, it shall become vested on the entry of the said final decree. Upon the vesting of title in said city the commissioners of the sinking fund of said city shall cause said elevated railroad structure, tracks, stations, platforms, stairways and appurtenances to be offered for sale at public auction, notice of which shall be published in the City Record for ten consecutive days. The said commissioners may reject any or all bids received at such sale. In case no bids shall be received at such sale, or in case all of the bids received shall be rejected by the commissioners of the sinking fund, the said commissioners shall direct the president of the borough of Manhattan of said city to take possession of said elevated railroad structure, tracks, stations, platforms, stairways and appurtenances and remove the same from said part of said avenue. Sale of structures. Removal when no bids received. ment of boroughs fited. prop § 3. Said board of estimate and apportionment without the Apportionconsent or approval of the transit commission may determine cost bewhether any, and if any what portion of said cost, expense, com- tween city, pensation and damages including such costs and additional allow- and ances as shall have been granted and allowed by the court to the erts beneclaimant or claimants in the proceeding shall be borne and paid by the city of New York or by one or more boroughs thereof, and the whole or the remainder of said cost, expense, compensation and damages, including such costs and additional allowances as shall have been granted and allowed by the court to the claimant or claimants in the proceeding shall be assessed upon the real property deemed by said board to be benefited by the removal of the structures obstructing said avenue and the extinguishment of all rights, easements and franchises therein. The determination by said board, as to the portion of said cost, expense, compensation and damages including such costs and additional allowances as shall have been granted and allowed by the court to the claimant or claimants in the proceeding, to be borne by the said city, or by one or more boroughs thereof, and as to the area of the real property benefited thereby, shall be made in the manner provided by the Greater New York Charter as amended, as to similar determinations by said board as to the acquisition of real property for streets and parks, and said board may amend either of said determinations in the manner provided in said charter. The portion of the cost and expense, compensa- portion to tion and damages, including such costs and additional allow. be borne ances as shall have been granted and allowed by the court to the claimant or claimants in the proceeding, if any, to be borne by said city or by one or more boroughs thereof, shall be levied and collected as provided in section two hundred and forty-seven of the Greater New York Charter. Levy of by city and boroughs. of elevated not con § 4. The board of estimate and apportionment shall have Strengthenauthority, subject to the approval of the transit commission. Ing portion to determine whether the the condemnation and removal of structures the elevated railroad structure under authority of this act will demned. render it necessary to strengthen or provide new supports for the remainder of the elevated railroad structure not condemned, and if said board shall determine that the removal of the elevated railroad structure condemned pursuant to the provisions of this act will render it necessary to strengthen or provide new supports for the elevated railroad structure not condemned, said board subject to the approval of the transit commission, shall approve plans therefor and said plans, when approved by said board and by said transit commission shall be authority for the construction and maintenance of the new structures and supports shown thereon, but the approval of such plans shall not be prerequisite to the right to condemn hereby granted. 5. This act shall take effect immediately. § 1557a, 36 CHAPTER 43 AN ACT to amend the civil practice act, in relation to the fees of the clerk of the counties of New York and Kings. Became a law March 19, 1924, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivisions thirty-two and thirty-six of section fifbds. 32, teen hundred and fifty-seven-a of the civil practice act are hereby amended to read, respectively, as follows: amended. 32. For registering a physician, surgeon, osteopath,' architect, dentist, veterinary surgeon, if residing within New York county, two dollars, if elsewhere, one dollar. 36. For registering a chiropodist five dollars. CHAPTER 44 AN ACT making available for the maintenance of state and county highways in the county of Chautauqua an appropriation made for the repair and alteration of a viaduct in said county. Became a law March 19, 1924, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The sum of twenty thousand dollars ($20,000) appropriated by chapter ninety-nine of the laws of nineteen hundred and twenty-three for the repair and alteration of a viaduct between station one hundred and forty-seven number sixty-nine and station one hundred and fifty-four number eighty-five on county highway number sixteen hundred and seventeen in the county of Chautauqua, and now in the hands of the county treasurer is hereby made available for the maintenance and repair of state and county highways in such county and shall be paid on the draft of the state commissioner of highways pursuant to the highway law. § 2. This act shall take effect immediately. |