446 



PARKS 



7. In all condemnation proceedings instituted pur- 

 suant to the provisions of this Act, each commissioner 

 of appraisal, upon the confirmation of the report or 

 other determination of the proceedings, shall be entitled 

 to receive in full compensation for his services as such 

 commissioner of appraisal, and in bar of all other claims 

 for compensation and expenses, an allowance as may 

 be fixed and awarded by the court as herein provided, 

 not exceeding twenty-five dollars per day, upon which 

 he attends a meeting of said commissioners of appraisal 

 and is actually and necessarily employed in the per- 

 formance of the duties imposed upon said commissioners 

 of appraisal at the offices provided for such commis- 

 sioners of appraisal, or at the meeting of the com- 

 missioners of appraisal to view the premises, provided 

 that such compensation shall not be paid until it shall 

 have been awarded and fixed by order of the court upon 

 five days' notice to the park commission and to the 

 attorney representing such park commission, and upon 

 proof by affidavit showing the nature and extent of the 

 services rendered, the dates of rendering services and 

 the number of hours and parts of an hour necessarily 

 occupied upon each date. A copy of such proof shall be 

 served with the notice of taxation. 



8. In all condemnation proceedings instituted pur- 

 suant to the provisions of this Act when an owner in 

 whose favor an award shall have been made in a final 

 order or in a report of commissioners of appraisal which 

 has been confirmed by the court in under legal disability 

 or absent from the county of Westchester and when the 

 name of the owner shall not be set forth or mentioned 

 in said final order or in the report of the commissioners 

 of appraisal or when the owner although named in said 

 report or final order cannot upon diligent inquiry be 

 found, or where there are adverse or conflicting claims 

 to the money or any part of it to be paid as compensa- 

 tion for the property taken, the county of Westchester 

 shall pay so much of such award into court as the court 

 may direct to be secured, disposed of, invested and paid 

 out as the court may direct and the court may determine 

 who is entitled to the same and direct to whom the 

 same shall be paid and may in its discretion order a 

 reference to ascertain the facts on which such determi- 

 nation and direction are made; and such payment shall 

 be valid and effectual in all respects as if made to the 

 owner; and in default of such payment into court, the 

 county of Westchester shall be and remain liable for 

 such award with lawful interest thereon from the day 

 upon which title to the real property for which said 

 award is made vested in the county of Westchester. 

 When an award shall be paid to a person not entitled 

 thereto, the person to whom it ought to have been paid 

 may sue for and recover the same with lawful interest 

 and costs of suit as so much money had and received 

 to his order by the person to whom the same shall have 

 been so paid. Payments of an award to a person named 

 in the report or a final order as the owner thereof if not 



under legal disability shall in the absence of notice in 

 writing to the comptroller of the county of \Vestchester 

 of adverse claims thereto protect said county from any 

 liability to any other person or persons. In case of the 

 pledge, sale, transfer or assignment of an award by the 

 person entitled to receive the same by virtue of the 

 report of the commissioners of appraisal or by a final 

 order of the court, or any other order of the court the 

 instrument evidencing such pledge, sale, transfer or 

 assignment acknowledged or proved as instruments are 

 required to be acknowledged or proved for the record- 

 ing of transfers of real property shall be filed in the 

 office of the comptroller of the county of Westchester 

 who shall endorse on the said instrument its number 

 and the day, hour, month and year of its receipt and 

 file a copy with the park commission. If an assignment 

 of an award be contained in an instrument recorded in 

 an office in which instruments affecting real property 

 are by law required to be recorded, a certified copy 

 thereof may be filed in the office of said comptroller in 

 the place of the original and a copy filed with the park 

 commission. Every such instrument not so filed shall 

 be void as against any subsequent pledgee, or assignee 

 in good faith and for a valuable consideration from the 

 same pledger or assignor, his heirs, administrators or 

 assigns of the same award or any portion thereof, but 

 assignment of which is first duly filed in the office of 

 said comptroller. Payment to the assignee or pledgee 

 shown to be entitled to the award by said record in the 

 office of the comptroller shall protect the county of 

 Westchester from any liability to any other person or 

 persons. 



9. In addition to any appeal or appeals which may 

 be authorized by law to be taken from any judgment 

 or order entered or which may be entered in any con- 

 demnation proceeding instituted herein pursuant to the 

 provisions of this Act the county of Westchester through 

 the park commission or any party or person affected 

 by said proceedings and aggrieved by the order fixing 

 the compensation of said commissioners of appraisal 

 may appeal therefrom to the appellate division of the 

 supreme court. Such appeal shall be taken and heard 

 in the manner provided by the civil practice act and 

 the rules and practices of the said court in relation to 

 appeals from orders in special proceedings and such 

 appeal shall be heard and determined by such appellate 

 division upon the merits both as to matters of law and 

 fact. But the taking of such appeal shall not operate 

 to stay the proceedings under this Act with respect to 

 the order entered on the motion to confirm the said 

 report or reports of said commissioners of appraisal. 



10. The park commission shall have the power from 

 moneys or property on hand as in this Act provided, or 

 moneys appropriated for that purpose by the board of 

 supervisors to make available for use as a public park 

 or parks all such real estate, easements and rights which 

 are or may come under its jurisdiction as in this Act pro- 



