19 



Court contemplated by this act shall be bad in said Court ; 

 and in ease of the death, resignation disqualification or refusal 

 to act, of either of said Commissioners, it shall be lawful for the 

 said Court, at any General or Special Term thereof, on applica- 

 tion, as in said act provided, and from time to time, as often as 

 such event shall happen, to appoint any other discreel and dis- 

 interested person, being- a citizen of the state of New York, in 

 the place and stead of such Commissioner so dying, resigning or 

 refusing to act ; and said Commissioners shall proceed to dis- 

 charge the duties of their appointment, and to complete their 

 estimate and award, as soon as conveniently may be ; and shall, Tofiietheir 

 if practicable, file their final report in the office of the Clerk of ^ in r «| or * 

 the county of Kings within twelve months of the date of their months. 

 appointment. 



§ 5. It shall be competent and lawful for a majority of each _ a major- 

 of said Board of Commissioners designated, as aforesaid, to per- Boani of 

 form the trust and duties of their appointments, and their acts commis- 

 shall be as valid and effectual as the acts of all the Commis- act- 

 sioners so to be appointed, if they had acted therein, would have 

 been ; and in every case the proceedings aud decisions of a 

 majority in number of either of said Boards of Commissioners 

 acting in the premises, shall be as valid and effectual as if the 

 said Commissioners appointed for such purpose had all concurred 

 and joined therein. 



§ 6. The Commissioners herein provided for, in relation to Commis- 

 the taking and value of the lands mentioned in the first section ^tfmate 

 of this act, shall make just and true estimate of the value of the and award 

 lands mentioned in said first section, and of the loss and damage 

 to the respective owners, lessees, and parties and persons respec- 

 tively entitled to or interested in the same, together with the 

 tenements, hereditaments, and appurtenances, privileges or advan- 

 tages to the same belonging or in any wise appertaining, by and 

 in consequence of relinquishing the same to the said city of 

 Brooklyn ; and in making such estimate they shall not make 

 any deduction or allowance for, or on account of any supposed 

 benefits or advantages to be derived from taking said lands as 

 public places, or in consequence thereof, and the amounts so 

 estimated, when duly confirmed, shall be paid as hereinafter in 

 this act provided. But after the cost of the said lands shall have 

 been determined by the confirmation of the final report in rela- 

 tion thereto, it shall be the duty of said Commissioners to ap- 

 portion such part of said cost as they may deem equitable, and 

 not exceeding twenty per cent, thereof, among the lands outside 



