Report assessment upon lands. Laws relating to street openings; how far applicable. Attorney, surveyors, etc., may be appointed. Compensation of Commissioners, etc. Streets, how to be laid out. Grading and planting of trees, etc. third section of this act; and after their report thereon shall have been confirmed by the said Court, they shall apportion and assess the amount thereof, in such manner as they shall deem just and equitable, upon the lands and premises in their judgment benefited by the improvement, within the district of assessment so to be limited by the said Park Commissioners. § 7. All laws now in force relative to the widening,opening and improving 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 Commissioners of Prospect Park in the place of the Common Council, and also in the place of the Street Commissioner of said City, and substituting the said Commissioners of Estimate and Assessment in place of the Board of Assessors of said City, so far as relates to the opening of streets and avenues, including also payment for the work, and the levy and collection of the assessments for such improvements, and the lien thereof, so far as they are not inconsistent with the provisions of this Act, shall apply to and regulate all proceedings that may be had or taken under this Act. But such proceedings shall continue to be, under the direction of the Commissioners of Prospect Park, who shall stand in the place of, and act when required, as the Common Council of the City, or the Street Commissioner thereof, would be required to act in the premises; and they shall employ an Attorney and Counsel, and all such Clerks, Surveyors and other agents as may be required for the purposes of this Act. § 8. The said Commissioners of Estimate and Assessment shall be allowed to make use of any maps on file in any of the public offices of the said City, and shall each receive five dollars a day for every day actually spent in the discharge of his duty, which expenses and compensation, together with the room hire, stationery and other necessary expenses of the said Commissioners, as well as the expenses and compensation of all other persons necessarily employed under the foregoing provisions of this Act, shall be included in the general expenses to be incurred herein. § 9. The streets specified in the First and Second Sections of this Act shall be laid out according to a plan to be devised or adopted by the said Park Commissioners. The said streets shall also be graded, paved, curbed and guttered, in such manner as the said Park Commissioners shall direct, and may be re-named, and planted with suitable shade trees, or otherwise improved in their discretion; and they may construct such roads and walks through the said streets, or any of them, and make use of such materials of construction or pavements as they shall deem best. And Sackett street shall be graded within one year after the confirmation of the report of Commissioners of Estimate and Assessment. (a) § 10. All expenses incident to the improvements specified in the Ninth Section of this Act, with the exception of so much thereof as shall appertain to one hundred and ten feet in width in the middle of Sackett street, after having been duly certified by the said Park Commissioners to the Board of Assessors of the City of Brooklyn, shall be by said Board apportioned and assessed as other local improvements are by law directed to be apportioned and assessed in the said City. The residue of the said expenses appertaining to the improvement of the said one hundred and ten feet in width, through the middle of Sackett street, shall also be apportioned and assessed upon the district of assessment, to be fixed by the said Park Commissioners, as directed in the Fifth and Sixth Sections of this Act. And the said assessments shall constitute liens upon the several parcels of property to be charged therewith, and shall be levied and collected in the same manner as other local assessments are levied and collected in the said city. (b) § 11. After Sackett street shall have been opened, so much thereof as lies eastward of Prospect Park shall be under the exclusive control and management of the said Park Commissioners, and they shall make and enforce proper rules and regulations for the public use. thereof. And after it shall have been improved as hereinbefore directed, its subsequent maintenance shall be provided for in the same manner as the public parks, now under the charge of the said Park Commissioners, are provided for. § 12. This Act shall take effect immediately. (a) Section 9, amended by § 1, Chap. 710, Laws 1872. NOTE.-See Supplementary Act, Chapter 592, Laws 1873, and also Chapter 588, Laws 1874.. When Sackett graded. street shall be Expenses for said improvements; how to be assessed. Assessments to constitute liens upon property. Park Commisenforce rules for use of sioners may Sackett street. AN ACT to authorize the Brooklyn Park Commissioners to establish a pound in Prospect Park. Passed May 6, 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 Brooklyn Park Commissioners are hereby authorized to seize and impound any cattle, sheep, swine, goats, horses, geese or other animals found running at large upon any of the public parks of the city of Brooklyn; to impose a penalty of not exceeding five dollars, with reasonable expenses, upon any animal so seized, and to enforce the payment thereof in such manner as they shall by ordinance direct. § 2. This act shall take effect immediately. AN ACT to provide for widening the Coney Island Plank Road in the County of Kings, and for the subsequent management thereof. Passed May 15, 1868. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Plank road. SECTION 1. It shall be lawful for the Commissioners Commissioners of Prospect of Prospect Park, in the city of Brooklyn, by resolution Park may order adopted at a legal meeting held by them, to order and widening of direct the widening and extension of the Coney Island Plank Road in Kings County, or any part thereof (but such widening not to exceed forty feet), in such manner as they shall judge expedient; to fix a district or limit District of of assessment within which the property benefited shall assessment. be assessed to defray the expense of such improvement, and to cause a proper survey and map of such proposed improvement and assessment district to be made. Previous notice of the time and place of such meeting, stating therein the intention of the Commissioners to take action under this section, shall be published fourteen days, successively, in all of the daily newspapers printed and published in the city of Brooklyn; and they shall hear parties interested at the time and place specified, and at any subsequent time or times to which the meeting shall be adjourned, in relation to the subject, and such adjournments are hereby authorized. Publication of notice of inten tion to take action. Appointment of Commissioners of Estimate and Assessment. § 2. The said Commissioners shall cause application to be made to the Supreme Court of the Second Judicial District, and said Court may select and appoint three disinterested persons, who shall be residents of said county, to estimate and assess the expense of said improvement, and the amount of damages, including the value of land taken, and benefits to be sustained and derived therefrom, by the owners of such lands and buildings, as may be effected thereby, and by the Coney Island Plank Road Company; which said persons, after being duly sworn before some officer authorized to ad- and duties. minister oaths, faithfully to perform the duties devolved upon them, shall diligently proceed with the same; and after the completion of such estimate and assessment, Oaths of office shall make a detailed report thereof. Said report shall To make report, be at all times subject to review and correction, until Notice of review thereof. Hearing of objections. Notice of application for report. Appeals to the same shall be deposited with the said Commissioners of Prospect Park. Notice of the time and place of meeting for the purpose of hearing objections to said. report, and for reviewing and correcting the same, shall be published fourteen days, successively, in all the daily newspapers printed and published in the city of Brooklyn; and they shall hear parties interested, at the time and place specified, and at any subsequent time or times, to which the meeting shall be adjourned, in relation to the subject, and such adjournments are hereby authorized. After hearing such objections and making such review, and the corrections, if any, of the said report, the same shall be deposited with the said Commissioners of Prospect Park, and not before. §3. Upon said report being so deposited, it shall be confirmation of the duty of said Commissioners of Prospect Park to cause at least twenty days' previous notice to be given, by publication thereof, daily, in all the daily newspapers printed and published in the city of Brooklyn, that application will be made at a Special Term of the Supreme Court of the Second Judicial District, to be held in said County of Kings, at a time to be therein designated, to have the said report confirmed. Appeal may be taken Supreme Court. from said report by service of notice on said Commissioners, at least six days before the time fixed for such application, setting forth the name of the objector, and a brief statement of the nature of the objections; and at the time of such application, such appeal shall be heard and decided by the Court, under such regulations as it shall prescribe for that purpose. The said Court shall have power to confirm, alter, amend or refer back the said report, as may be deemed proper, and to make any further order in the premises, until the final confirmation thereof. Powers of said Filing of report when confirmed. Commissioners to widen road in case land owners fail to do so. 84. After the final confirmation of the report, the same shall be filed in the office of the Clerk of the County of Kings; and upon the payment of the awards to the parties entitled thereto, the said Commissioners of Prospect Park shall be authorized to cause such improvement to be made. Sixty days shall be allowed to owners of lands and premises within which to remove their fences and buildings and to widen and extend the said road on their respective premises; after which period the said Commissioners shall cause the said road to be widened and extended according to the plan adopted, in such parts thereof, where the same shall not already have been done. § 5. The said Commissioners of Prospect Park shall |