§ 9. Within 20 days after the confirmation of the report of the Commissioners, as provided for in the seventh section of this act, any party may appeal by notice in writing to the other to the Supreme Court from the Appraisal and report of the Commissioners. Such appeal shall be heard by the Supreme Court at any general term of the fourth department on such notice thereof being given according to the rules and practice of said court. On the hearing of such appeal, the Court may direct a new appraisal before the same or new Commissioners in its discretion. The second report shall be final and conclusive on all the parties interested. Provided, however, that the State shall not take possession of the said appraised premises until the amount awarded for the same shall have been duly appropriated by act of the Legislature of this State for this purpose.

§ 10. If there should be diverse and conflicting claimants to the money, or any part of it, to be paid as compensation for the real estate taken for the purpose aforesaid, the court may direct the moneys to be paid into court, and may determine who is entitled to the same, and may direct to whom the same shall be paid, and may in its discretion order a reference to ascertain the facts upon which said determination and order are to be made.

§ 11. The said court shall have power at any time to amend any defect or informality in any of the proceedings to acquire title to said land, as may be necessary, and also to appoint other Commissioners of Appraisement in place of any who should die or refuse or neglect to serve or be incapable of serving, upon like notice as is required by section four of this act, in like cases of neglect or refusal to serve.

§ 12. If at any time after an attempt to acquire title by compensation as aforesaid, it should be found that the title attempted to be acquired is defective, the said Board of Commissioners of the State Reservation at Niagara shall proceed anew to acquire or perfect such title in the manner hereinbefore set forth, and as if no appraisement had been made.

§ 13. After the proceedings herein provided for, for the purpose of acquiring title by the State to the said lands, shall have been concluded, the said Board of Commissioners of the State Reservation at Niagara shall report such proceedings, and all other action by them taken, together with the amounts awarded by the said Commissioners of Appraisement, to the Legislature of this

State.

§ 14. It is further provided that in case the Legislature shall fail to make an appropriation to pay the owners for the lands which may be selected and located by the said Commissioners of the State Reservation at Niagara, pursuant to the provisions hereof, within two years after the passage of this act, all the proceedings which may have been taken for acquiring the title to the said lands shall be void, and of no effect, but in such case the Comptroller shall pay to the parties whose lands have been condemned in pursuance of the provisions of this act the reasonable costs and expenses incurred by them in such proceedings, the amount of such costs and expenses to be fixed and allowed by the Attorney-General and to be paid out of any moneys in the treasury not otherwise appropriated.

§ 15. The sum of ten thousand dollars, or so much thereof as may be necessary, payable out of any moneys in the treasury not otherwise appropriated, is hereby appropriated subject to the audit of the Comptroller to carry out the provisions of this act, and the same shall be payable by the Comptroller to the said Commissioners of the State Reservation at Niagara.

§ 16. This act shall take effect immediately.

COMMISSIONERS OF THE STATE RESERVATION AT NIAGARA. Under the foregoing act Governor Cleveland appointed as Commissioners of the State Reservation at Niagara, ex-LieutenantGovernor William Dorsheimer, of Buffalo; ex-Comptroller Andrew H. Green, of New York; Hon. J. Hampden Robb, of New York; Mr. Sherman S. Rogers, of Buffalo, and Martin B. Anderson, LL. D., of Rochester. The Commission organized at Albany, May 29, 1883, by electing Dr. Anderson President, and Mr. Robb as Treasurer and Secretary. The names of the Commissioners and Officers from the organization of the Commission to the present time, with their respective terms of office, are as follows:

COMMISSIONERS OF THE STATE RESERVATION AT NIAGARA SINCE THE ORGANIZATION OF THE COMMISSION.

Date of

Date of

COMMISSIONERS.

Andrew H. Green, of New York...
William B. Dorsheimer, of Buffalo.
Martin B. Anderson, of Rochester..
J. Hampden Robb, of New York...
Sherman S. Rogers, of Buffalo...
James Mooney, of Buffalo.....
John M. Bowers, of New York.
John Hodge, of Lockport..
Daniel Batchelor, of Utica.
Robert L. Fryer, of Buffalo....
William Hamilton, of Caledonia.

May 11, 1888

1893.