Park Commis sioners may sell part of park groun ds. Commissioners may receive gage of pur chaser, in part payment. Conveyances; how executed. AN ACT to authorize the improvement and sale of certain portions of Prospect Park, in the city of Brooklyn. Passed April 23, 1870, 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, for and in behalf of the city of Brooklyn, to contract and sell at public auction, at such times and on such terms and conditions as they shall deem expedient, all or any part of the land within said park which is bounded westerly by Flatbush avenue, northerly by Vanderbilt avenue, easterly by Warren street and Washington avenue, and southerly by the town of Flatbush, excepting and reserving therefrom such lands around the reservoir and along the line of Flatbush avenue, southeasterly from said reservoir, not less than two hundred and fifty feet in width, as shall, in the judgment of the said Commissioners, be considered desirable to be retained for public use. (a) § 2. For any lands which the said Commissioners bond and mort- shall sell they may receive in part payment the bonds of the purchasers for such portion of the purchase money secured by mortgage on the land sold, as they may deem expedient. And, whenever any such sales shall have been made, the Mayor,Comptroller and Clerk of the city of Brooklyn shall, at the request of the said Commissioners, affix the corporate seal to good and sufficient deeds of conveyance, with or without covenants of warranty and such other covenants as the said Commissioners shall from time to time require and prepare, and the said Commissioners shall cause the Delivery there said deeds to be delivered to the respective purchasers upon the receipt of the consideration stipulated to be paid therefor. The deeds so to be delivered shall vest in the grantees therein named, their heirs and assigns, an absolute title in fee simple to the land therein described. (b) of. Deeds to vest absolute title. Avails from sales to be paid to sinking fund Commissioners. § 3. All moneys that shall be received upon such sales, after deducting the expenses of sale and conveyancing, with the amount hereinafter authorized to be borrowed, with interest, shall be forthwith paid over by the said (a) Section 1, amended by § 1, Chap. 795, Laws 1873. Park Commissioners to the Commissioners of the Sinking Fund of the said city, to be by them held as part of the general fund created and to be created for the redemption, according to their legal priorities, of all bonds issued for the payment of lands taken for Prospect Park. And within four years after the passage of this act the said Park Commissioners shall hand over to the How set apart. said Commissioners of the Sinking Fund all proceeds of sales, with all bonds, mortgages and other papers and documents appertaining thereto. (a) § 4. After the consummation of the said sales by the execution and delivery of deeds, as herein before directed, all liens, rights and claims, by way of easement or other wise, into, over or upon the lands described in the first section of this act, arising out of or founded upon 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 seventeen, eighteen hundred and sixty, or of any other act amendatory thereof, shall be terminated and extinguished. (b) Commissioners grade lands before sale. to drain and May lay out grade and pave same. streets and May plant shade trees. limited. § 5. Preparatory to the making of the said sales, the said Park Commissioners are authorized to regulate, drain and grade the lands proposed to be sold, and to lay out streets or avenues over or upon the same, of such width and in such direction, and with such carriage ways, sidewalks or areas as they may deem expedient; they may also grade, pave, curb and gutter any of the streets or avenues which they shall so lay out, and plant shade trees thereon, in their discretion; but the expenses of such measures shall not exceed in the aggregate the Expense of imsum *of one hundred thousand dollars. And provement after they shall have laid out the said streets and avenues, they shall cause a suitable map thereof to be Map of streets made and filed in the office of the Street Commissioner of the said city, and the Commissioner's map of the said city shall thereupon be altered to correspond therewith, and the said Park Commissioners may borrow from Commissioners time to time such sums of money, not exceeding one hundred thousand dollars in amount, as they may deem necessary to put the said land in proper condition for sale, and to regulate and improve the said streets as above specified, and shall repay the same, with interest, How repaid. out of the proceeds of the said sales. (c) § 6. This act shall take effect immediately. (a) Section 3, amended by § 2, Chap. 795, Laws 1873. (b) Section 4, repealed; see § 2. Chap. 231, Laws 1871. (c) Section 5, amended by § 3, Chap. 795, Laws 1873. to be filled. may borrow money for improvement. Widening of avenue. Extension of avenue into town of Flatbush. Extension by name of Washington place, Pieces of land added to avenue. AN ACT to widen and improve a portion of Washington Avenue, in the City of Brooklyn, and extend the same into the town of Flatbush. Passed April 23, 1870, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Washington avenue, in the city of Brooklyn, is hereby widened so as to be eighty feet wide from Atlantic avenue southerly to the city line of Brooklyn, and shall be opened to that width by adding ten feet in width to the westerly side thereof, as the same is now laid down on the Commissioners' map of the city of Brooklyn. And the said avenue so widened is hereby extended southerly, in a direct line, into the town of Flatbush, until the easterly side thereof intersects a line drawn at right angles to East New York avenue, from a point on the northerly side of said avenue, which point is distant nine hundred and eighty feet westerly from the northwest corner of Perry avenue and East New York avenue, as said avenues are designated by a stone monument, and thence along said right-angled line to the northerly side of said East New York avenue, and which said right-angled line forms the easterly side of the said extended avenue. And the said avenue is hereby further extended by the name of Washington place, from said avenue westerly to Flatbush avenue, which last extension shall be seventy feet wide, and its northerly side shall begin at a point on the westerly side of said Washington avenue, at a point which is five hundred and ninety-five feet southerly from a point on the westerly side of Washington avenue, formed by extending the southerly line of Montgomery street westerly, and running thence westerly, at right angles to Flatbush avenue, until it reaches said Flatbush avenue; and all those two triangular pieces of land at or near the junction of Washington and Underhill avenues, lying、 between Atlantic avenue and Pacific street, and between the westerly side of Underhill avenue and a line drawn parallel with and one hundred and seventy-four feet easterly therefrom, are hereby added to said Washington avenue, and shall form part thereof, and be so laid down on the Commissioners' map of the city of Brooklyn. § 2. The Brooklyn Park Commissioners are hereby Park Commisopen and improve avenue sioners to extension. assessment. directed to open, grade and otherwise improve the said avenue SO widened and the said extension thereof. And, for the purpose of determining the amount to be paid to the owners of the lands and tenements required to be taken for the purposes of this act, and the expenses thereof, they shall first fix a district of assessment, District of within which the property to be benefited by the improvements shall be assessed to defray the said damages and expenses, and shall then cause application to be made to the Supreme Court, at a Special Term thereof, to be held in the Second District, upon a notice to be published not less than ten days consecutively in two daily newspapers printed in the city of Brooklyn, for the appointment of three Commissioners of Estimate of Estimate. and Assessment. Application for appointment of Commissioners § 3. The Commissioners so to be appointed shall, after Duty of Combeing duly sworn, estimate the expenses of the said missioners. widening and extension, and the damages to be sustained by the owners of land, and all other persons to be affected thereby; and, after their report thereon shall have been confirmed, they shall apportion and assess the same as they shall deem just and equitable upon any lands and premises to be benefited by the said improvement within the district of assessment so to be fixed by the said Park Commissioners. § 4. After the apportionment* of the said Commissioners, all laws now in force relative to the opening, widening and extending of streets and avenues in the city of Brooklyn, and the proceedings thereon, and duties of the several persons to be employed therein, substituting the said Park Commissioners in the place of the Common Council of said city, and the said Commissioners of Estimate and Assessment in place of the Board of Assessors in relation to the opening of streets; including, also, payment for the work to be done, the lien of assessments for the opening of streets, as well as for the improvement thereof, and the levy and collection of the same, so far as they are not inconsistent with the provisions of this act, shall apply to, regulate and govern all proceedings which may be had or taken under this act. And the Park Commissioners shall employ an attorney and counsel, and all such clerks, surveyors and other agents as may be required for the purposes of this act. (a) § 5. The said avenue so widened, and the said extension thereof, shall be laid out according to a plan to be * Error. So in original law. (a) Section 4, amended by § 1, Chap. 20, Laws 1872. To assess damages and ex pense of work. Laws applica ble after ap pointment. Attorney, surveyor, etc. Plan for widening and extend ing avenue. Grading, paving and ornamenting. Contract for material. Contract and expenses; how certified. Apportionment and assessment. Assessments to be a lien. How levied and collected. Park Commissioners may appoint collector of assessment for Flatbush. His fees. Comptroller to disburse moneys collected. Collector to give notice of receiving assessments. And devised or adopted by the said Park Commissioners, § 6. All assessments to be laid under this act, whether they relate to the opening of the said avenue, or of the extension thereof, or the improvement of the same, shall constitute liens upon the several pieces or parcels of property to be charged therewith, whether such parcels are in the city of Brooklyn or elsewhere in the county of Kings; and so far as they relate to property lying within the said city, they shall be levied and collected in the same manner as other local assessments are, by law, levied and collected in said city; and, so far as they relate to property outside of said city, they shall be collected in the manner hereinafter specified. 7. The said Park Commissioners are hereby authorized and directed to appoint a collector of all such assessments to be laid under this act as are chargeable upon property lying outside of the said city and within the town of Flatbush. The said collector shall give bonds to the said Commissioners for the faithful discharge of his duties, and the prompt payment to the Comptroller of the city of Brooklyn of all moneys to be collected by him, and shall be entitled to receive five per cent. for all moneys so to be collected and paid over by him. Upon the receipt of such moneys by the Comptroller, he shall forthwith pay them to the several persons entitled to receive the same. § 8. Immediately after the appointment of the said collector, he shall give ten days' notice of a time and place where he will attend to receive payment of the said assessments, which notice shall be posted in at least four conspicuous places in the town of Flatbush, and also at the City Hall, in the city of Brooklyn; and, if the said assessments shall remain unpaid for twenty |