said court, at a special term thereof to be therein designated, and to be held in the county of Kings. Any taxpayer of the city of Brooklyn may appear upon such taxation and show cause why the said expenses, fees or eompensation, or any portion thereof, should not be allowed; and it shall be the duty of the court to examine the several items thereof, and to tax and adjust the same for such amount as in its judgment shall be just and reasonable.

§ 5. The payment of all damages to be awarded by the said Commissioners of Estimate and Assessment, as well as the expenses of their proceedings, shall become due and payable immediately after the confirmation of their report thereupon. And the title of the lands mentioned in such report shall, after such confirmation, vest forever in fee simple absolute in the said city of Brooklyn, and the said lands shall thenceforth form part of Prospect Park, and be under the exclusive management and control of the Board of Commissioners of Prospect Park in the same manner and to the same extent as the other portion of the said park now are or may at any time be under the management and control of the said Board.

§ 6. For the payment of the award so to be made by the said Commissioners of Estimate and Assessment, and for the payment of their compensation and that of their employees and their expenses for stationery and room hire, as well as for the expenses of managing and improving the land hereby taken, the bonds of the said city shall from time to time be issued. And for the redemption of the said bonds, as well as for the redemption of the bonds issued and to be issued under the provisions of the act referred to in the second section of this act, with interest, all the lands embraced within the boundaries of the said park, including those now taken, are hereby specifically pledged.

§ 7. All the provisions of the act referred to in the second section of this act, and of any act amendatory thereof, relating to the issue, use and sale of bonds, and the redemption thereof, as well as in relation to the taking and paying for the lands and premises hereinbefore referred to, and the duties, powers and authority of the Commissioners of Estimate and Assessment, and their appointment and proceeding, including the confirmation of their report by the Supreme Court, which are not incompatible with the provisions of this act, shall apply to all bonds that may be issued, and to all proceedings, powers and authority that may be taken or exercised under this act.

§ 8. This act shall take effect immediately.

Boundaries of parade ground.

Commissioners of Estimate.

How to be appointed.

Oath of office.

AN ACT to provide a parade ground for the County of
Kings.

Passed April 28, 1866, three-fifths being present.

The people of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The land in the town of Flatbush, in the County of Kings, bounded on the north by Franklin avenue, on the south by lands now or late of David Clarkson, the west by the Coney Island plank road, and on the east by a line running from and at right angles to Franklin avenue southerly to said Clarkson's line, which shall be the easterly boundary of a tract of forty acres, are hereby set apart as a parade ground for the County of Kings, and declared to be a public place, and shall be taken and paid for in the manner hereinafter provided.

§ 2. Three competent and disinterested persons,being citizens of the State of New York, shall be appointed to act as Commissioners of Estimate in relation to the taking and value of the lands mentioned in the first section of this act. The said Commissioners shall be appointed by the Supreme Court of the Second Judicial District of this State, at special term, upon the application of the Board of Supervisors of the said County of Kings, or owner of lands within said parade ground. The proceedings in Court upon such application, and for the appointment of new or other Commissioners, and for confirmation of said report, shall be conducted in the manner provided by the act entitled, "An Act to provide for the opening of Washington Park on Fort Greene in the city of Brooklyn," passed April twentyseventh, eighteen hundred and forty-seven, except that such proceedings and all proceedings required to be had in Court by said act shall be had in the said Supreme Court; and said Supreme Court may fill any vacancy arising in said Commission.

§ 3. The said Commissioners shall respectively take and subscribe an oath in writing before some office authorized to administer oaths, to honestly and faithfully discharge the duties which shall devolve upon them in pursuance of this act, which oath shall be filed in the

The said Duties.

office of The Clerk of the County of Kings. Commissioners shall proceed to make just and true estimate of the value of the lands described in the first section of this act, and the loss and damage to the persons entitled thereto as owners or as otherwise interested in the lands, in consequence of relinquishing the same to the County of Kings; and shall make report of their doings to the said Supreme Court in the manner hereafter provided, and such report and all acts of said Commissioners shall be valid, if done and subscribed by a majority of the said Commissioners.

§ 4. The report of the said Commissioners shall be filed in the office of the Clerk of the County of Kings, and notice thereof shall be published by said Commissioners for twenty days in at least two daily newspapers published in said county, and said Supervisors, or any person interested in said lands so to be taken, or any tax payer of said county, may move the said Supreme Court for a confirmation of said report, in the manner provided herein and by the said act to provide for the opening of said Washington Park, and thereupon such proceedings shall be had for the confirmation of said report or for its revisal and correction, and in respect to a new or other report as directed by said act; and when the said report or any corrected or revised report shall be confirmed by the said court, the titles to the said lands described in the first section of this act shall vest in the said County of Kings as a parade ground; and such report and the order of confirmation shall be filed and entered in the office of the Clerk of the County of Kings, and shall be final and conclusive upon all parties interested in said lands and upon the said County of Kings.

§ 5. Upon such confirmation the value of the lands so taken and the amount of compensation so estimated and awarded by the Commissioners to the owners thereof and other persons interested therein, and the expenses of such taking and opening shall be paid by the County of Kings to the parties thereto respectively entitled; and for the purpose of making such payments the said county may issue and dispose of its bonds to such amount as may be necessary, and in such form and manner as the Supervisors thereof may direct. And for the purpose aforesaid the said Board of Supervisors may levy, impose and collect such tax or taxes as may be necessary or proper.

Report, conreport.

firmation of

value of lands taken, by whom mode to be paid.

and in what

missioners and expenses.

§ 6. The fees of said Commissioners shall be three Fees of Comdollars per day for each Commissioner for each day actually and necessarily employed, and not to exceed for the three Commissioners the sum of two hundred dol

Who to have charge of ground.

lars; and the said Commissioners may employ a surveyor to make a map, or a copy of a map, of said lands to be taken, and may cause searches to be made to ascertain the interests of persons who are entitled to awards for said lands; and may employ counsel to advise them, and to conduct such searches; but the whole cost of such searches and advice, exclusive of the fees of the register for searches, shall not exceed the sum of two hundred dollars; and the fees of such counsel, Commissioners, surveyor and register shall be taxed by the County Judge of said county upon due notice to the Board ot Supervisors, and shall, when taxed and allowed, form a part of the expenses of said proceedings.

§ 7. The said lands, when so taken, shall be the property of said county as and for a parade ground, but shall be under the exclusive charge and management of the Commissioners of Prospect Park in the city of Brooklyn, for the purposes of police and improvement as such parade ground.

§ 8. This act shall take effect immediately.

AN ACT to extend the boundaries of Prospect Park, in the city of Brooklyn.

Passed April 30, 1866, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The Board of Commissioners of Prospect Park, in the city of Brooklyn, is hereby authorized, for and in behalf of the said city, to acquire title to all those certain pieces or parcels of land, situated partly in the said city and partly in the town of Flatbush, beginning at the easterly corner of the Tenth avenue and Ninth street, and running thence southwesterly along Tenth avenue to Fifteenth street; thence southeasterly along the northeasterly side or line of Fifteenth street, to a point distant one hundred and sixty-one feet and ten inches northwesterly from the intersection of the said line with a line made by extending the easterly side of the Coney Island road as now laid out between Franklin avenue, in the town of Flatbush so-called, and Braxton street, northward; thence southerly upon a curved line of three hundred and ninety feet radius to a point on said curve at which it coincides with and becomes a tangent to the said easterly line of the Coney Island road extended as aforesaid; thence southerly on said extended line to a point in the circumference of a circle of one hundred and ten feet radius, of which the center rests upon the middle line of Sixteenth street at a point distant twenty-seven feet six inches westerly from and at right angles to said extended line; thence westerly and following the circumference of said circle until it again intersects the said extended line; thence southerly upon said extended line and along the said easterly side of said Coney Island road to a point distant two hundred and seventy feet and three inches northerly from the present northeast corner of said road and Franklin avenue; thence westerly upon the circumference of a circle of two hundred and forty-five feet radius, having its center at a point in said Coney Island road, which is distant twenty-seven feet and six inches westerly at right angles from the easterly side of said road, and following said circumference to its intersection with the northerly line of Franklin avenue; thence easterly along said avenue to the plank road in the village of Flatbush; thence northerly on the westerly line

Powers of missioners to acquire title.

Board of Com

Boundaries.