ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

charges and expenses of the same have been
paid, and there shall be a balance of the assess-
ments for benefits on hand, the said amount
shall be refunded pro rata to the parties who
[who] have paid in the same.
SEC. 11. And be it enacted, That a tenant f or
ninety-nine years, or for ninety-nine years re-
newable forever, or the executor or administra-
tor, of such tenant, or guardian of an infant
owner, or trustees under deeds or wills, or orders

887

of court in whom the legal title is vested, or a
mortgagee in possession shall be deemed and
taken as owners for the purpose of any applica-
tion authorized and provided for by this sub-
title, and the application of any such person
shall bind the property so represented for any
assessment or tax made under the provisions of
this sub-title ; and when apart of a lot of ground
shall be condemned for such street, avenue or
alley, or part thereof, and the residue of the lot
shall be effected or injured for the purpose for
which it is used, or its value be impaired for
building purposes, the fact shall be taken into
consideration in assessing and awarding dam-
ages for the part taken, and in assessing benefits
on the residue of such lot ; and whenever any
street or avenue, or any part thereof, for which
application is made to be condemned, opened,
graded and constructed under the provisions of
this sub-title, and all or any part of the bed of a
road, street or avenue shall be adopted and used
which may have been already graded and con-
structed, or partially graded and constructed, by
the owners of the ground bounding and fronting
thereon, or by their grantors or other persons
prior to such adoption, condemnation and use
thereof by the examiner or examiners appointed
under the provisions of this sub-title, said exami-
ner or examiners shall, in awarding damages,
and in assessing benefits, take all such facts into
consideration and make a just and proper allow-
ance for such amounts as may have been already
expended upon such road, street or avenue, or
part thereof.

Who are deem-
ed as owners.

SEC. 12. And be it enacted, That this act shall
take effect from the date of its passage.

Approved April 5, 1888.

Effective.