AN ACT relating to the Assessment for Prospect Park, in the city of Brooklyn.

Passed May 11, 1878; three-fifths being present.

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

troller.

Certain assess

ments; how when payable.

SECTION 1. Immediately after the passage of this act, Duty of Compthe Comptroller of the city of Brooklyn shall ascertain and determine the average number of years which the bonds issued by the city of Brooklyn for the purchase or taking of the lands taken for Prospect Park have to run, and that portion of the assessment laid for benefit from said park upon lands in the city of Brooklyn, (which said assessment is more fully shown in and by assessed and the final report made by Teunis G. Bergen and others as Commissioners, and on file in the office of the Clerk of the county of Kings), which has not been paid, together with all arrearages of interest upon the several annual installments of the same which have been heretofore imposed, instead of being assessed, levied and collected as heretofore provided by law, shall not be deemed to have been assessed, or to be payable, except in and by the equal annual installments to be *levid as herein directed, which installments shall be equal in number to the average number of years, ascertained as hereinbefore provided, and shall be charged against, and on the same lands as are now chargeable or charged with said assessment, and in the same proportions as such lands are now so charged or made chargeable, and shall be payable on the first day of December annually hereafter; the Board of Assessors of said city shall immediately ascertain and state the sum which is hereby made chargeable in and by each of said equal annual installments on the several pieces of land affected thereby, and before the first day of December in each year, said Board shall levy one of said equal installments, and shall transmit a proper record of such levy to the collector of taxes and assessments of said city, which record shall be to him a full and proper warrant for collecting the installment so levied.

§ 2. Such installments shall be liens on the respective

*So in the original.

Levy of install

ments by as

sessors.

When installments liens.

Act not to prevent annual assessment,

pieces or parcels of land affected thereby only from the time they are respectively levied; and the said assessment shall not be, or be deemed to be, a charge or lien against such lands, or in any manner cause any charge or lien against the same, except in and by the said equal installments, with interest on each of such installments from the time it shall be levied, at the rate provided by law. But nothing herein contained shall prevent the said city of Brooklyn from annually assessing and levyetc., of install- ing upon, and collecting from the several parcels of land so assessed as herein before stated, each annual installment as the same shall become payable under section one of this act, together with interest upon such installment from the time it shall have been levied at the rate provided by law, until all the installments directed by section one of this act shall have been levied as therein provided.

ments and

interest.

Repeal.

§ 3. All acts and parts of acts inconsistent with this act are hereby repealed.

4. This act shall take effect immediately.

AN ACT to transfer the care and control of Bedford avenue, in the city of Brooklyn, to the Park Commissioners of said city.

Passed May 24, 1878, three-fifths being present.

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

SECTION 1. From and after the first day of January, eighteen hundred and seventy-nine, the care and management of Bedford avenue, in the city of Brooklyn, throughout its entire length, including the repairs of the existing pavement thereon and cleaning thereof, are hereby vested in the Park Commissioners of said city; and said Commissioners are authorized and directed from and after said date to keep the same clean and in good repair, and to make such needful rules and regulations in respect to said avenue, the preservation of its walks and roadway, and the public use thereof, as they may deem proper to maintain the same as a public drive or parkway; and the powers heretofore vested in or exercised by other city officers or boards in said city, in respect to said avenue, are hereby transferred to said Park Commissioners, provided that no expense herein authorized shall be met by the issue of Park bonds.

2. This act shall take effect immediately.

NOTE. This act repealed by Chapter 479, Laws 1883.

Care and con

trol of avenue

vested in Park Commssioners.

AN ACT in relation to parts of Ocean avenue and Franklin avenue, in the town of Flatbush.

Passed June 4, 1879.

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

SECTION 1. No railroad constructed or to be constructed on Ocean avenue or on Franklin avenue westerly of the westerly limit of or upon or across the circle at the angle of Prospect Park (said avenues being respectively the easterly and southerly boundaries of said park) shall at any time be used or operated with any other motive power than horses.

§ 2. This act shall take effect immediately.

AN ACT to amend chapter eight hundred and sixtythree of the laws of eighteen hundred and seventythree, entitled, "An Act to amend the charter of the city of Brooklyn and the various amendments thereof."

Passed May 18, 1880, three-fifths being present.

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

SECTION 1. Title fifteen of chapter eight hundred and sixty-three of the laws of eighteen hundred and seventy-three, entitled, "An Act to amend the charter of the city of Brooklyn and the various amendments thereof," is hereby amended so as to read as follows:

TITLE XV.

DEPARTMENT OF PARKS.

Title XV., Chap.

863, Laws of 1873, amended.

Commissioners

office two years.

SECTION 1. The Brooklyn Park Commissioners now in office shall continue in office for two years after the pas- to remain in sage of this act, and until others are appointed in their places, and in addition to the duties now devolved upon them by law, shall be and serve as the Department of Parks; and without compensation, and at the expiration of the term of office of said department, and every two years thereafter, they shall be appointed by the same authorities and in the same manner as other departments of the city are or may be appointed. (a)

(a) See following extract from Chap. 377, Laws 1880, as to appointment of Park Commissioners subsequent to 1882:

66

"§ 6. After the first day of January, eighteen hundred and eightytwo, the Mayor of the city of Brooklyn shall have sole and exclusive power to appoint the successor of any Commissioner or other head of Department (except the Department of Finance and the Department of Audit), or of any Assessor or member of the Board of Education of said city, when the terms of such officers shall respectively expire, or as by law may then or thereafter be required to be appointed; and the term of office of such appointees and their successors, except Assessors, whose term shall be for four years, shall be for two years; provided, however, that if the Mayor shall refuse or neglect, for a period of thirty days after the expiration of the term of any officer, to make an appointment to office authorized to be made pursuant to this section, then and in that case such refusal or neglect shall be adjudged and deemed to be in all respects equivalent to and taken as an express appointment of the Commissioner or other officer who may at the time be holding such office."

Successors; pointed.

how to be ap