The Law And Practice in Special Proceedings : And in Special Cases, Including the Provisional Remedies of "arrest And Bail," "attachments of Property," And "claim And Delivery," Under the Code of Procedure. Within the Courts, Etc., of the State of New Yor
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6 Sow. 238. It is sufficient if the report is signed by a majority of the commissioners, and it is not necessary that all of the commis- sioners should be present at the signing. 10 JIow. 169. For form of report, see Appendix, ^o. 565. The commissioners, by the statute, are each entitled to five dollars for services and expenses for every day they are actually engaged in the performance of their duties, to be paid by the company, except where the owners or persons interested in the real estate ...fail to have awarded them more than the amount of compensation offered them by the company before the appoint- ment of commissioners, then to be paid by the said owners or persons interested, or if not paid by them, to be paid by the com- pany, and deducted from the amount awarded. Zaws of 1864, p. 1336, amending § 16 of General Law. Motion to set aside report.] The statute does not give the court power to set aside the report of the commissioners, upon motion for that purpose ; and the only remedy of the party is by appeal.
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