Commissioners of Estimate and Assessment to be appointed. Commissioners to estimate value of lands taken. are stricken from the said city map so far as they run through or intersect the said lands. § 3. The said Commissioners may apply to the Supreme Court in the second judicial district at any special term thereof, upon a notice to be published ten days successively in two newspapers printed in the city of Brooklyn for the appointment of five commissioners of estimate and assessment, for the purposes of this act; and the Court shall thereupon proceed to their appointment as directed by an act passed May second, eighteen hundred and sixty-one, entitled, "An act to amend an act to lay out a Public Park and Parade Ground for the city of Brooklyn, and to alter the Commissioners' map of said city," passed April seventeenth, eighteen hundred and sixty. § 4. The Commissioners so to be appointed shall estimate the value of the lands and premises taken by this act, and the loss and damage to be sustained by the owners or other persons interested therein, in consequence of their relinquishing the same to the city. And after their report thereon shall have been confirmed by tion of report to the said Court, they shall apportion such part thereof, After confirma apportion ex penses upon lands benefited. Assessment to run twenty years. Tax to be raised annually. Proceeds to be paid to Commissioners of Sinking Fund. together with such part of the whole amount of awards and expenses heretofore reported to and confirmed by the said court, for all lands heretofore taken and now constituting Prospect Park, as they may deem just and proper, upon any lands outside of the said park which they shall deem to be benefited by the opening of the said Park, in proportion to such benefit. One-twentieth part of the amount thus apportioned shall be annually assessed in each and every year, for twenty successive years, upon the lands respectively charged therewith, together with interest from the time of the confirmation of the report onassessment, to be computed from year to year, upon the respective amounts remaining unpaid, at the time of making such annual assessment; which interest shall be added to said assessment and form part thereof. And the said assessments and interests shall be annually included in the taxes to be levied upon such lands, and shall be levied and collected in the same manner as other taxes upon real estate annually for twenty successive years. The proceeds of such collections shall, immediately after their receipt, be paid over to the Commissioners of the Sinking Fund in the city of Brooklyn, to be applied to the redemption of all city bonds, issued, and to be issued, for the payment of the purchase and improvement of lands taken for said park. But any person interested in the said lands or any of them, may at any time pay to the said commissioners of the sinking fund, the amount so to be assessed thereon with interest to the time of payment; and thereupon his said lands shall be discharged from the said assessment. (a) appointed under § 5. The Commissioners of Estimate and Assess- Commissioners ment heretofore appointed in pursuance of an act act of 1866 disentitled, “An act to extend the boundaries of Prospect charged. Park in the city of Brooklyn," passed April thirtieth, eighteen hundred and sixty-six, are hereby discharged from the performance of all further duties under that act; and all services, acts and duties which are thereby directed to be done and performed by the said Commissioners, and which remain unperformed by them in relation to assessments for benefit or otherwise, are hereby devolved upon, and shall be performed (reference being had to the principles of assessment indicated in the last preceding section of this act) by the Commissioners who are to be appointed under this act. The expenses, fees and compensation which the said Commissioners and other persons employed under that act may be entitled to receive thereupon shall be added to and paid as part of the general expenses incurred and to be incurred for the opening of the said park; and the Comptroller and Treasurer of the said city are hereby directed to pay the same, after they shall have been adjusted and taxed, in the manner directed by the said last mentioned act, and after the same shall have been duly certified by the counsel of the Park Commissioners. And for the purpose of making such payments, How paid. so many and such an amount of additional park bonds as may be necessary may be issued and sold by the said city authorities. Compensation and expensio ers of 1866, and general exadjusted and of Commission penses to be taxed. duties of new Commissioners. § 6. The Commissioners of Estimate and Assessment Powers and who are to be appointed under this act shall, except so far as otherwise directed by this act, have the same powers, discharge the same duties and be entitled to the same compensation that are conferred by, or imposed upon, or allowed to, the Commissioners referred to in the act specified in the last preceding section of this act. But the Board of Commissioners of Prospect Park shall employ an attorney, clerk, appraisers and surveyor for the purposes of this act, whose compensation shall be included in the general expenses to be incurred under this act. And the awards for lands taken under this act shall be payable upon the certificate of the counsel of the said board. officers to be Board. Awards, how to be certified. § 7. The payment of all damages to be awarded, as Damages and (a) Section 4, amended by § 1, Chapter 498, Laws 1870, by SI, Chapter 715, Laws 1872, and by § 1, Chapter 791, Laws 1873. See Chapter 244, Laws 1878. expenses payable after confirmation of Commissioners' report. City bonds to issue. Title to lands to vest in city. well as the general expenses to be incurred in pursuance of this act, shall become due and payable immediately after the confirmation of the said Commissioners' reports thereon; but no expenses or compensation to persons who are to be employed under this act shall be allowed or paid, unless the same shall have been first duly taxed and certified as directed in the fifth section of this act. For the payment of the said awards and expenses the bonds of the city shall, from time to time, be issued and sold in the manner directed by the act entitled, “An act to extend the boundaries of Prospect Park, in the City of Brooklyn," passed April 30th, 1866. Such bonds shall bear a similar interest, and be paid in the same manner, and within a like period, as the bonds referred to in that act; and for the redemption thereof the lands described in the first section of this act are hereby specifically pledged. § 8. The title to the lands described in the first section of this act shall, immediately after the confirmation of the said Commissioners' report upon valuation, vest forever, in fee simple, absolute, in the City of Brooklyn. And the said lands shall thenceforth form a part of Prospect Park, and be under the exclusive management To be controlled and control of the Board of Commissioners of Prospect Park, in the same manner and to the same extent as the other portions of the said Park now are, or may at any time be, under the management and control of the said Board. by Park Com missioners. Provisions of former acts to apply. § 9. All the provisions of the several acts referred to in the third and fifth sections of this act, and of any act amendatory thereof, relating to the issue, use and sale of bonds, and the redemption and payment thereof, with the interest to accrue thereon, as well as in relation to the taking and paying for the lands and premises referred to in this act, and the duties, powers and authority of the Board of Commissioners of Prospect Park, as well as of the said Commissioners of Estimate and Assessment, and their appointment and proceedings, including the confirmation of their reports by the Supreme Court, which are not incompatible with the provisions of this act, shall apply to and regulate all bonds that may be issued, and all acts, proceedings, powers and authority that may be had, taken or exercised under or by virtue of this act. § 10. This act shall take effect immediately. AN ACT to provide for the improvement and maintenance of the public parks of the City of Brooklyn. Passed May 1, 1868, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Commissioners Park to maintain and govern of Prospect public parks. laws and ordinances, appoint engineers. regulate compensation. clerks, etc., and To open, widen Ninth avenue and grade and part of Fifteenth street. erect fountains. SECTION I. The Commissioners of Prospect Park, in the city of Brooklyn,shall have full and exclusive power to lay out, regulate, improve and maintain the public parks of the city of Brooklyn, and to govern, manage and direct the same,and the public use thereof; to make ordinances, To make byrules and regulations for their proper management and government; to appoint such engineers, surveyors, clerks and other officers, and such police force as they may deem expedient, and to prescribe and define their respective duties and authority; to fix and regulate the compensation to be paid to the several persons so to be employed by them; to open, widen and grade the north ern side of Ninth avenue, between Montgomery and Union streets, and so much of Fifteenth street as was extended to meet the Coney Island Road, and laid down on the city map, by an act entitled, "An Act to extend the boundaries of Prospect Park, in the city of Brooklyn," passed Apri thirtieth, eighteen hundred and sixty-six; to locate, erect and maintain fountains on the To locate and said parks, or either of them, as well as upon the streets and avenues which form the boundaries thereof or intersect the same; to erect and maintain iron and other To erect fences fences around the said parks; to flag and reflag the sidewalks of said streets, roads or avenues on the side which is adjacent to the said parks; to increase the width thereof, and to set and reset curb and gutter stones, shade trees and lamp posts thereon; and to determine the particular location of any railroad track which is now or may be hereafter placed upon such road, street or avenue. They may also, in the name of the city, or of the said Board of Commissioners, at their option, bring any action which they may deem proper, to recover damages for the breach of any agreement, express or implied, relating to or growing out of the management or improvement of the said parks; for penalties for the violation of any ordinance; or for injuries to personal or real property appertaining to the said parks; and to recover the possession of any such property. around parks. To flag sidewalks adjacent to parks. shade trees and lamp posts. Location of railroad track. May bring actions to recover ing out of manparks or violation of ordiing same. damages grow agement of nances govern District of assessment on § 2. Whenever the Board of Commissioners shall by street openings. resolution direct the streets or avenues specified in the preceding section of this act to be opened or widened, they shall fix a district of assessment beyond which the assessment for such opening shall not extend. They shall then apply to the Supreme Court, at a special term thereof, to be held in the Second Judicial District, upon a notice to be published for ten days successively in the corporation newspapers, for the apAppointment of pointment of three Commissioners to estimate the expenses thereof, and the amount of damages to be sustained by the owners of property or other persons to be affected thereby, and to apportion and assess the same as hereinafter directed, and the court shall thereupon proceed to make such appointment. Commissioners to assess damages. Powers and duties of such To assess damation of report. ages on confirm Laws relative to opening and widening of streets made applicable. 3. The Commissioners so to be appointed shall, after Commissioners. having been duly sworn,proceed to estimate such expenses and damages; and after their report thereon shall have been confirmed by the said court, they shall apportion and assess the same, upon the lands and premises benefited by the said improvement within the district of assessment, and to be fixed by the Park Commissioners, in the same manner as the Board of Assessors of the said city are by law directed to make similar assessments. And all laws now in force relative to the opening and widening of streets and avenues in the city of Brooklyn, subsequent to the appointment of Commissioners of Estimate, and the proceedings thereon, and the duties of the several persons to be employed therein, substituting the said Park Commissioners in place of the Common Council and Street Commissioner of said city, and substituting also the Commissioners of Estimate and Assessment in place of the Board of Assessors of the said city, and including the levy and collection of the assessments for such improvement and the lien thereof, as far as they are not inconsistent with the provisions of this act, shall apply to and regulate all duties arising out of, or proceedings that may be had or taken under this act. But such proceedings shall continue to be under the direction of the said Park Commissioners, who shall act when required as the Common Council and Street Commissioner of said city would be required to act in relation thereto, and who shall employ an attorney and counsel, and all such surveyors, clerk, appraisers and other agents as may be required for the purpose of the said proceedings. Park Commissioners may employ surveyors, attorneys, etc. Terms of office of Prospect Park Commis. sioners extended. § 4. The Commissioners of Prospect Park now in office shall continue to hold office for four years after the expiration of their present term of office, and until others are appointed in their places; and from and after |