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Commissioners, 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 all bonds that may be issued, and to all proceedings, powers and authority that may be taken or exercised under this

act.

§ 12. This act shall take effect immediately.

Certain parks,

etc., to be under

control of Com

missioners of Prospect Park.

AN ACT in relatior to parks in the city of Brooklyn.

Passed May 9, 1867, three-fifths being present.

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

SECTION 1. The several pieces and parcels of grounds, parks and squares in the city of Brooklyn, and the sidewalks, fences and trees adjacent thereto, and being between any part of the same, and any public street or avenue, or the part thereof devoted to carriages, hereinafter mentioned, shall hereafter be under the care and management and control of the Commissioners of the Prospect Park as fully and completely (with the qualifications or exceptions hereinafter mentioned) as the Prospect Park of said city is, or may hereafter be, under their control, care and management. And it shall be the duty of said Commissioners to take the care and control of, and put and preserve in the proper condition or repair, said grounds, parks, squares, sidewalks and fences; to plant and preserve therein or thereon, where appropriate, suitable trees, plants and shrubbery, and to make and keep in repair suitable fences, gates, seats, fountains, roads and walks and other structures in or around said grounds, parks and squares, and to establish reasonable and appropriate regulations to be enforced and observed in and in respect to the entry upon and preservation of any of said grounds, parks or squares and sidewalks, and anything therein or thereon; and the power and authority of the Mayor and Common Council of the city of Brooklyn to make ordinances or by-laws in respect to said grounds, parks and squares are hereby conferred on said Commissioners of the Prospect Park, and said power and authority may be exercised in making such regulations, and when the same are duly certified by the Secretary of said Commissioners, the same shall be treated as prima facie correct, legal and authorized, in all judicial proceedings; and the Board of Commissioners of Metropolitan Police shall, at the request of said Commissioners of the Prospect Park, so far as may be within the power and sphere of duty of the Police Board, enforce and execute all such regulations.

§ 2. The grounds, parks and squares aforesaid are the following, as now known and designated, and their

appurtenances, viz.: "Washington Park," "City Hall Park," "City Park " and "Carroll Park." And the power and authority of said Commissioners of Prospect Park shall extend to and include the fencing, care and preservation of all public monuments and the grounds about them, and the trees and shrubs therein; and the keeping, unobstructed and unincumbered, of the appropriate spaces adjacent to any monument. And, in reference to each and all said grounds, parks and squares, said Commissioners are clothed with all the powers relating to the care and custody thereof, and the erections thereon, and the sidewalks, and the curbstones and flagging of the same thereto adjacent, and fencing and repairing, and ornamenting and preserving order and propriety in the same, which now belongs to any officer, board, body or other authority, except that nothing herein contained shall interfere with any powers, rights or authority belonging to the Board of Commissioners of Metropolitan Police, or to the Metropolitan Board of Health, or with any rights that may belong to the State of New York. And in the exercise of the power and authority and the discharge of the duty hereby conferred upon said Commissioners of the Prospect Park, they shall be subject only to the conditions that pertain to like powers and duties when given or imposed on them, or exercised by them relative to the Prospect Park. And all sums of money raised, or hereafter to be raised, for the purpose of any of the grounds, parks or squares, shall be promptly raised, and paid over to said Commissioners of the Prospect Park.

§ 3. Authority and power are hereby given to said Commissioners of the Prospect Park, to plant such trees and shrubbery as they may deem expedient, and may not be unreasonably expensive, in and upon any public grounds, parks or squares aforesaid; and they may replace and take care of all such trees, plants and shrubbery. It shall also be the duty of said Commissioners to take immediate steps toward erecting a good and substantial new iron railing, with a stone foundation, of such style and description as they may deem suitable and proper, completely around the north, east and south side of said Washington Park, so that the said railing shall be completed before the first day of January, eighteen hundred and sixty-eight.

Planting of

trees and erec

tion of iron

railing.

4. In each annual report of said Commissioners they Annual report. shall include a detailed report of all moneys expended upon or adjacent to each of said grounds, squares nnd parks, and for each and all the objects of this act, and of all acts done hereunder, and shall suggest any further legislation needed to promote any of said objects.

Raising of

moneys annually for purposes of this act.

5. The joint Board of Aldermen and Supervisors of the city of Brooklyn, shall annually cause to be levied and raised, the requisite amount of moneys for carrying this act into effect, and for the purposes thereof, and said moneys shall be promptly and regularly paid over to said Commissioners for said purposes; and, in the meantime, until such moneys shall be raised, the Mayor, Comptroller, and City Clerk of the city of Brooklyn, shall from time to time, as may be required by the said Commissioners, issue certificates of indebtedness, bearing interest, for such sums as may be required for said Commissioners, and which said certificates shall be provided for in the annual tax levy for the year eighteen hundred and sixty-eight.

NOTE. As to the improvement and control of the public parks
n the
Brooklyn Heights," see Chapter 644, Law of 1866, Chapter
8, Laws 1867 and Chapter 728, Laws 1868.

AN ACT for the further extension of Prospect Park in the city of Brooklyn.

Passed April 24, 1868, three-fifths being present.

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

SECTION 1. The Commissioners of Prospect Park in the city of Brooklyn are hereby authorized for and in behalf of the said city, to acquire title to all those certain iots, pieces or parcels of land in said city, which, taken together, are described as follows: Beginning at the easterly corner of Ninth avenue and Third street and running thence southwesterly along Ninth avenue to a point between Fourteenth and Fifteenth street, which is upon the circumference of a circle of one hundred and fifty-four feet radius, of which the centre is at the intersection of the middle line of Ninth avenue with the middle line of Fifteenth street; thence westerly and again easterly following said circumference for more than three-fourths of said circle, to its intersection with the northeasterly side of Fifteenth street; thence southeasterly along said northeasterly side of Fifteenth street to the easterly corner of Tenth avenue and Fifteenth street; thence northeasterly along Tenth avenue and also along said park to the northeasterly side of Third street; and thence nortwesterly along said street to Ninth avenue at the place of beginning.

Description of lands to be

acquired.

Lands to be used as an adpect Park.

dition to Pros

§ 2. The lands described in the last preceding section of this act are hereby declared to be a public place, and shall be deemed to have been taken by the city of Brooklyn, and to have been opened for public use, as an additional part of Prospect Park; and from and after the passage of this act the said lands shall be laid down on the Commissioner's map of the said city as if the same had been originally laid down upon said map, and had been taken and declared open as a Park pursuant to the provisions of an act entitled, "An act to revise and amend the several acts relating to the city of Brooklyn," passed April fourth, eighteen hundred and fifty. And all streets, avenues and highways intersecting the said Certain streets lands or any part thereof, except Ninth avenue and Fifteenth street, are hereby closed and discontinued and

discontinued.

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