G3 



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 the acts amendatory thereof, except as herein otherwise 

 provided, and with the same effect as if the same had been originally 

 laid down upon the Commissioners' map of the city of Brooklyn, 

 and from and after the passage of this act, it shall be and form a 

 part of said city of Brooklyn, and of said Commissioners' map ; 

 and the parts of all streets, avenues and highways (except Flatbush 

 avenue), laid out as running through said land, are hereby closed 

 and discontinued, and stricken from the said Commissioners' map, 

 so far as the same would run through or intersect said land. 



§ 3. Five discreet and competent persons, being citizens of the 

 State of New York, shall be appointed to act as Commissioners of 

 Estimate and Assessment, in relation to the taking and the value of 

 said land. Said Commissioners shall be appointed in the manner 

 provided by an act entitled " An act to provide for the opening of 

 Washington Park, on Fort Greene, in the city of Brooklyn," passed 

 April twenty-seven, eighteen hundred and forty-seven, except that 

 they shall be appointed by the Supreme Court of the Second Judi- 

 cial District, at any special term thereof, and all other proceedings 

 in any court contemplated by this act, shall be had in said court ; 

 and in case of the death, resignation, disqualification or refusal to 

 act, of either of said Commissioners, it shall be lawful for the said 

 court at any general or special term thereof, on application, as in 

 said act provided, and from time to time, as often as such event 

 shall happen, to appoint any other discreet and disinterested person, 

 being a citizen of the State of New York, in the place and stead of 

 such Commissioner so dying, resigning or refusing to act. And said 

 Commissioners shall proceed to discharge the duties of their appoint- 

 ment, and to complete their estimate and award, as soon as conven- 

 iently may be ; and shall, if practicable, file their final report in the 

 office of the Clerk of the county of Kings, within twelve months 

 after the date of their appointment. 



§ 4. It shall be competent and lawful for a majority of said 

 Commissioners to perform the trusts and duties of their appoint- 

 ments, and their acts shall be as valid and effectual as the acts of all 

 the Commissioners so to be appointed if they had acted therein, 

 would have been ; and in every case the proceedings and decisions of 

 a majority in number of said Commissioners acting in the premises 

 shall be as valid and effectual as if the said Commissioners appointed 

 for such purpose had all concurred and joined therein. 



§ 5. The said Commissioners shall make just and true estimate 

 of the value of the lands mentioned in the first section of this act, 

 and of the loss and damage to the respective owners, lessees, parties 

 and persons, respectively entitled unto, or interested in the same, 

 together with the tenements, hereditaments, and appurtenances, privi- 

 leges or advantages to the same belonging, or in any wise appertain- 

 ing, by and in consequence of relinquishing the same to the said city 

 of Brooklyn. And in making such estimate they shall not make 

 any deduction or allowance for or on account of any supposed ben- 

 efits or advantages to be derived from taking said lands as public 



