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act, are hereby authorized to enter upon any lands or waters tributaries to said Bronx river, or contiguous to the line of said parkway hereby provided for, for the purpose of making surveys or examinations and preparing the maps required by this act.

§ 10. The title to all real estate required for carrying out the provisions of this act, shall be taken in the name of the Bronx Parkway Commission, in fee.

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11. The said commissioners may agree, with the owner of any real estate or of any easement necessary to be acquired, as to the amount of compensation to be paid to such owner for the taking of said real estate or easement.

12. The term real estate as used in this act, shall be construed to signify and embrace all uplands, lands under water, the water of any lake, pond or stream, all water or mill rights or privileges, and any and all easements and incorporeal hereditaments, and every estate, interest and right, legal and equitable, in lands or water, including terms for years, and liens thereon by way of judgment, mortgage, or otherwise, and also all claims for damages for such real estate. It shall also be construed to include all real estate (as the term is above defined) heretofore or hereafter acquired or used for railroad, highway or other public purposes, providing the persons or corporations owning such real estate, or claiming interest therein, shall be allowed the perpetual use, for such purpose, of the same or of such other real estate to be acquired for the purposes of this act as will afford practicable route or location for such railroad, highway or other public purpose, and in the case of a railroad commensurate with and adapted to its needs; and provided also, that such persons or corporations shall not, directly or indirectly, be subject to expense, loss, or damage, by reason of changing such route or location, but that such expense, loss or damage shall be borne in like manner as the expenses incurred in carrying out the provisions of this act.

13. In the event that the said Bronx Parkway Commission shall be unable to agree with the owners of lands de scribed herein, or deemed necessary by said commissioners, or if by reason of legal incapacity or absence of such owner no agreement can be made for the purchase of such lands or easements, the rights or interests in lands or easements so deemed necessary for the purposes of this act shall be acquired by condemnation

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proceedings instituted by said Bronx Parkway Commission, in the manner provided by the code of civil procedure for the condemnation of real property for like purposes, and in the name of the Bronx Parkway Commission; and it shall thereupon be lawful for said commissioners to apply to the supreme court in the county where such lands are located, for the appointment of commissioners of estimate and assessment, and it shall be lawful for the court thereupon to name and appoint three disinterested persons, two of whom shall be residents of the borough of the Bronx and one a resident of the county of Westchester where the property to be taken is located in the borough of the Bronx, and two of whom shall be residents of the county of Westchester and one a resident of the borough of the Bronx, where the property to be taken is located in the county of Westchester. Such commissioners shall thereupon proceed to condemn such lands in the manner provided by law.

§ 14. Whenever commissioners of estimate and assessment shal be appointed in proceedings for the condemnation of real property, the Bronx Parkway Commission shall, on filing the oaths of said commissioners in the office of the clerk of the county of New York, and a duplicate copy in the office of the clerk of the county of Westchester, be and become seized of all such parcels of real estate, and the said parkway commissioners may immediately, or at any time thereafter, take possession of the same, or of any part or parts thereof, and the said parkway commissioners and their successors, acting under their or its authority, may enter upon and use and occupy in perpetuity all the parcels of real estate described in the proceedings for the acquisition thereof, for the purpose of laying out, constructing and maintaining the said park and its appurtenances. Said commissioners appointed under this act shall have power to lay out, construct and maintain roads and pathways and boulevards across and over said parkway, and to lay out, construct and maintain roads and ways connecting the roads and ways within said park with other public roads and ways outside of said park; and in addition thereto may grant easements to individuals, copartnerships and corporations to construct sewers, lay water and gas mains, and electric conduits within and across said parkway.

15. Whenever the said commissioners shall have agreed with any person or corporation upon the price to be paid for any parcel of land to be taken and upon confirmation of any report

of the commissioners appointed to ascertain the compensation to be made to the owner as hereinabove provided, the commissioners appointed under the provisions of this act shall forthwith notify the mayor of the city of New York and the board of supervisors of the county of Westchester of the amount nccessary to pay for said land so purchased or condemned, together with the expenses of acquiring the same and the expenses and disbursements incurred by said commissioners of appraisal; and thereupon the board of supervisors of the county of Westchester are hereby required and empowered to raise as prescribed in section seventeen of this act, either by tax levy assessed upon the taxable real and personal estate in said county or by an issue of bonds, an amount necessary to pay one-fourth of the total amount for said lands so purchased, together with one-fourth of the expense of acquiring the same and of the amount of damages fixed by and expenses of said commissioners, together with one-fourth of the interest on the awards made by the commissioners of appraisal, from the date of filing the oath of said commissioners of appraisal, and to pay over the same when raised to the comptroller of the city of New York to be applied by him toward the payment of the purchase price of lands so purchased and of such awards and expenses.

a. To pay the share of the cost of acquisition of the real estate and of the laying out and opening of the parkway as herein provided, and the expenses incidental thereto which is chargeable against the county of Westchester, the county of Westchester is hereby authorized to issue in the name and under the seal of the said county its bonds in addition to the amount which it is now authorized to raise, in such sum or sums as shall equal the entire proportionate share of the cost of the parkway hereunder chargeable against the county of Westchester.

b. Such bonds and interest shall be payable by their terms by assessment and levy of taxes upon the entire property in the county of Westchester, in the ratio prescribed in section seventeen of this act, and they shall be executed when authorized by the board of supervisors of Westchester county. Said bonds shall be executed by the chairman of the board of supervisors of Westchester county and the treasurer of Westchester county. Said bonds are to be issued in serial form and not sold for less than par in amounts to be fixed by the said Bronx Parkway Commission. One-fiftieth of the entire issue thereof shall be payable twenty-five

years from the time the first bonds are issued; and thereafter onefiftieth thereof shall be payable in each year until the whole issue of said bonds shall be fully paid. The bonds issued hereunder shall be called "The Bronx Parkway bonds of the county of Westchester." Said bonds shall be issued at a rate of interest not to exceed four per centum per annum, and they shall be exempt from all taxation by said state or by any county, city or other subdivision of said state, and shall be a legal investment for savings banks, trust companies, executors and trustees.

c. Said bonds shall be in substantially the following form and contain substantially the following provisions:

STATE OF NEW YORK,

Number

County of Westchester.

Bronx Parkway Bond.

$1,000.

Know all men by these presents, That the county of Westchester, a municipal corporation in the state of New York, hereby promises to pay to bearer one thousand dollars ($1,000) on the first day of January, 19.., with interest thereon at the rate of per centum per annum, payable semi-annually, January first and July first, upon the presentation of the coupons hereto attached as they severally become due, both principal and interest payable in gold coin of the United States of the present standard of weight and fineness, at in the city and

state of New York.

This bond is issued under and pursuant to the provisions of an act of the legislature of the state of New York approved nineteen hundred and seven, entitled

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the purposes provided in the said act, and is payable as provided in said act. The full faith and credit of the county is pledged to the full performance of all of its duties under the said act, including among other things the levy and collection of taxes within the said county for the payment of the principal and interest of this bond and of the balance of the series of which this is a part, as they respectively become due. This bond, by the law under which it is issued, is exempt from all taxation by said state or by any county, city or any subdivision of said state, and it is a legal investment for savings banks, trust companies, executors and trustees.

It is hereby certified, recited and declared that all things required to exist, happen and be performed precedent to and in the issuing of this bond have existed, happened and been performed, in due form and manner as required by law, and that the amount of this bond does not exceed any limit prescribed by the said act or by the constitution or statutes of said state.

This bond may be registered as to both principal and interest upon presentation to the county treasurer, who shall upon such registration cut off and cancel the unmatured coupons on this bond, and write the name of the registered owner in the blank on the back of this bond, and also the signature of the said county treasurer, and thereafter the principal and interest will be paid only to such registered owner. And this bond shall be transferable thereafter only on the books of the treasurer of said county, on the presentation of this bond, together with a transfer thereof, duly executed by the registered owner in person or by attorney.

In witness whereof the said county of Westchester has caused this bond to be signed by the chairman of its board of supervisors and its county treasurer and its corporate seal to be hereto affixed, attested by the clerk of the said board of supervisors, and the coupons hereto attached to bear the engraved lithographed signature of the treasurer of said county and this bond to be dated the first day of January,

Attest:

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Chairman of the Board of Supervisors.

Treasurer of the county of Westchester.

Clerk of the Board of Supervisors.

(Form of coupon.)

On the first day of July, (or January, as the case may be) 19.., the county of Westchester, State of New York, will pay to bearer in the city and state of New York...

at ...

dollars ($..........) in gold coin of the United States of the present standard weight and fineness, being six months' interest then due on Bronx Parkway bond of the county of Westchester, dated January 1, 19...., number as provided by

the law under which said bond is issued.

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County Treasurer.

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