Proceedings in relation to residue of lots.

the names of persons interested in the property taken for the improvement; the amount awarded to the different parties interested in the lands and premises required for the improvement; the amount assessed on each piece of land, and on the different interests therein; the balance of award to be received by the different parties over the assessment; the balance of assessment to be paid by each individual whose assessments amount to more than the award; and so many and such different columns and tabular statements as may be necessary to designate the true interest of the parties in the lands and premises required for the improvements, and their liabilities and interests in relation thereto; provided, however, that it shall be lawful for the commissioners to substitute in their report for the name of the owner of any lands taken or assessed, the words "unknown owners," in all cases where they shall make and annex to their report an affidavit that after having made diligent search and inquiry, they have been unable to ascertain the name of the owner.

8. When a residue shall be left of any lot or lots. necessary to be taken for such improvement, the said commissioners may in cases where injury and injustice would otherwise be done, and with the consent in writing of the owner or owners of such lot or lots, include the whole or any part of such residue in their report, briefly describing the same, and estimate separately the value thereof. Every such residue, or part of residue, which shall be so included, shall, upon the confirmation of the said report as hereinafter provided, and the payment or tender of the amount at which the same shall be so estimated to the owner or owners thereof, vest in fee simple in the village of White Plains. The trustees of said village shall thereupon sell and dispose of the same at a price or prices not less than the sum at which it shall have been so estimated to the owner or owners of the next adjacent lands; and if he or they shall not, upon reasonable notice, to be determined by the trustees of said village, elect to take the same at such price or prices, it shall be disposed of at public auction upon such notice as the trustees shall deem

proper, for the best price or prices that can be obtained for the same. In case the same shall sell at a less sum than that at which its value was estimated by the commissioners, the deficiency shall be deemed a part of the general amount of loss and expense arising from the improvement. And for the purpose of providing for the event of such deficiency, and for payment of the amount thereof, the commissioners shall include in the estimate and assessment of the expenses of such improvement, the estimated value of any such residue or part of residue which may be included in their report; and upon the sale of the same, as above provided, the proceeds thereof shall be credited and allowed to each of the persons assessed, in proportion to the amount of the respective assessments against them.

when all the

taken for

ments.

39. When all the land or premises of any person Proceedings or persons shall be required for the contemplated land is improvement, the damage to be sustained by the improveappropriation thereof shall be assessed and be a lien on other lands and premises according to the estimated benefit to be derived by them from the said improvement.

only is

310. When part only of the land and premises of When part any person or persons will be required for such taken. improvement, the estimated benefit to be derived by him, her, or them, in common with others, from the said improvement, shall be assessed, and be a lien upon the residue of such lands and premises, and upon the lands and premises of others benefited by said improvement; but the benefit assessed upon such residue shall in no case exceed the value of such residue; and if, in the opinion of the court to whom said report shall be presented for confirmation, as hereinafter provided, any assessment shall exceed such value, it shall be good cause against confirming the said report.

where to be

review

$11. After said report shall be completed it shall Report, be deposited by the said commissioners with the deposited. clerk. They shall then cause a notice to be published that the report has been completed and filed, and that they will meet at a time and place therein to be specified not less than ten days from the first publi

Notice of of report.

Examina

tion of report.

Notice of completion

and filing of

report, and

application

to court for confirmation of

Appeal from report.

Time of

hearing of appeal.

cation of such notice to review their report. During that time the said report may be examined, free of expense, by all persons interested; and at the time and place so specified, any such person may offer objections in writing to the said report, and accompany the same with such affidavits as he may think proper. The said commissioners shall thereupon, or as soon as conveniently may be thereafter, review their said report, and correct the same where they shall deem the same proper, and shall then file the same with the clerk. The trustees shall then cause a notice to be published in one or more of the village newspapers that the said report has been so completed and filed, and that application will be made on behalf of the said trustees to the county court of the county of Westchester, or to the supreme court at any one of the special terms thereof to be held in the judicial district in which said county shall then be situated, the time to be specified in such notice (and in either case not less than ten days from the first publication thereof), to have the said report confirmed. During the said space of ten days the said report shall remain open to the inspection, free of expense, of all persons interested; and any such person may, within that time, appeal from said report. Such appeal shall be by notice to be served on the clerk of the village, within the period last mentioned, and at least ten days before the time at which the said report is to be presented to the court for confirmation, which notice is to be accompanied with copies of the objections and affidavits which shall have been delivered to the commissioners, and also with a brief statement in writing of the grounds of objection to such report, and of the manner in which it is contended that the same ought to be altered.

S 12. Such appeal shall be heard by the court to which the said report shall be presented for confirmation at the time the said report shall be so presented. Copies of the affidavits which shall have been delivered and served as aforesaid (but no others), may be read against confirming said report, but no cause against such confirmation shall be heard, except an appeal shall have been made in the man

when report

is not

confirmed.

ner provided in the preceding section of this act. If Proceedings no sufficient reason to the contrary shall appear to the court, they shall confirm the said report; or if in their opinion the same ought not to be confirmed, they may refuse so to do, and in the event of such a refusal they shall in proper cases refer it back for revision or correction to the same or other commissioners, who shall proceed to revise or correct the same, and cause it or a new report to be filed in the office of the clerk of the village. The trustees shall thereupon cause a new notice to be published in the manner required in the preceding section of this act of the filing of such report, and of their intention to apply for the confirmation thereof. The said report may be appealed from within the time and in the manner provided in the said section, and such appeal shall be proceeded upon and the said report again disposed of in the manner directed by this section; and as often as any such report shall be referred back for revision and correction the like proceedings shall be thereupon had as are provided in this section, upon a first reference back to the said commissioners. In cases, however, where the said court shall direct specific alterations to be made therein, and such alterations shall be made in its presence, they may thereupon absolutely confirm the said report without further notice.

report is

$13. After the reports of the commissioners shall When be confirmed, the said reports shall be delivered to confirmed. the trustees of said village, who shall be thereupon authorized to cause such improvements to be made. At any time within the space of thirty days next after the confirmation of said report, any person from whom any assessment contained therein may be due may pay the amount thereof without any additional expense for collecting, to the treasurer of the village. All such assessments which shall be unpaid at the expiration of that period shall be collected by the collector of taxes and assessments, and in the manner provided in this act.

5 14. The treasurer shall pay to the persons (or to Treasurer the attorneys or legal representatives of such per- damages sons) to whom damages may have been awarded in fee.

without

Compensation of commissioners of estimate.

Excess of estimate.

Guardian ad litem.

Fees of the attorney.

Assess

ments a lien

such report, the amount of such damages, without any deduction therefrom by way of fee or commission.

15. The commissioners of estimate and assessment to be appointed as aforesaid shall be allowed three dollars for each and every day while actually and necessarily employed in and about their duties, and such compensation and the fees and charges of surveyors and other persons, shall be estimated as part of the expenses of the improvement, and be afterwards taxed or certified by the county judge, or some other officer authorized to tax costs in the supreme court of this State.

S 16. If the estimate of expenses shall exceed the amount of expenses which shall be actually incurred in making the improvement, such excess shall be refunded or allowed to the persons assessed, in proportion to the amount of their respective assessments.

S17. In any case of opening, widening, or extending any street or avenue, under the provisions of this act, the county court of the county of Westchester, or the county judge thereof, in term or vacation, or a justice of the supreme court, shall have power, on application, to appoint guardians for infants or other incompetent persons, to protect their interests or prosecute appeals, who shall be entitled to receive five dollars for their services and attendance before the commissioners, and no other fees or costs, unless upon an appeal, in which case the judge who shall hear the appeal shall fix upon the further amount to be allowed them, if any, and shall certify the

same.

S18. The costs and fees of the attorney for the corporation in any such proceeding, exclusive of his disbursements, shall not exceed, in any one case, the sum of twenty-five dollars, unless on appeal, or when the report is sent back to the commissioners, and in such case the judge who heard the appeal may allow such further sum, in addition to the taxed or certified bill, as he may deem just and proper.

$ 19. All assessments for improvements in said vilon property. lage, when the same shall have been confirmed by the