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You asked to be advised whether your department is obliged 
to take care of the roads, paths, bridges, etc., in the Botanical 
Garden, particularly the bridges, from the moneys issued to your 
department under the maintenance account, or whether such work 
is not properly chargeable tothe Botanical Garden appropriation. 
I have examined the provisions of law as to the maintenance 
of the Botanical Garden in the Park, Section 6 of Chapter 286 
of the Laws of 1891, which amended the law creating the 
Botanical Garden. 
section referred to is as follows: 
Spe. 6. ‘The grounds set apart as above provided pi be 
sed for no other purposes than authorized by this act ; no 
intoxicating liquors shall be sold or allowed thereon. For oe 
purposes, and for the maintenance of proper roads and walks, the 
said grounds shall remain subject at all times to the control of the 
said board of commissioners of the department of parks, but other- 
wise after the suitable laying out of the same, and the construc- 
tion of proper roads and walks therein by the department of 
parks, the said grounds and buildings shall be under the manage- 
ment and control of the said corporation. The said grounds 
shall be open and free to the public daily, ie Sundays, 
subject to such restrictions only as to hours as the proper care, 
culture and preservation of the said garden may ee ee ; and its 
educational and scientific privileges shall be open to all 
ale and female, upon such necessary regulations, terms and 
conditions as shall be prescribed by the managers of those 
departments.” 
would seem that it was the intent of this legislation that the 
grounds of the Botanical Garden should remain under the con- 
trol and jurisdiction of the Park Department for the maintenance 
and repair of the roads and walks. would consider, also, that 
the bridges crossing and forming parts of such roads and walks 
= 
5 
a 
are also covered by the same provision 
I advise you, therefore, that the work referred to is properly 
chargeable to the maintenance account of your department. 
Respectfully yours, 
(Signed) . STERLING, 
Acting Corporation Counsel. 
