245 



brewery, or sugar bakery, lime kiln, railway or other stable, or 

 depot, or any other manufactory, trade, business or calling, which 

 may be in any wise dangerous, noxious or offensive to the neigh- 

 boring inhabitants. 



§ 4. The Commissioners of Prospect Park are hereby directed 

 to take proceedings, within sixty days after the passage of this act, 

 to open, grade, and otherwise improve the said several streets, 

 described in the first and second sections of this act. 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 the 

 several changes and improvements contemplated by this act, the 

 said Park Commissioners shall cause application to be made to the 

 Supreme Court, in the Second Judicial District, at a -special term 

 thereof, upon a notice to be personally served upon the counsel of 

 the said city, and to be also published ten days, successively, in the 

 corporation newspapers, for the appointment of three Commissioners 

 to estimate the expense, of such widenings and openings, and the 

 amount of damages to be sustained by the owners of land, and all 

 other persons to be affected thereby, and to apportion and assess the 

 same, as hereinafter directed, and the court shall thereupon proceed 

 to make such appointment. 



§ 5. Before any assessment for such widening or opening is 

 made, the Commissioners of Prospect Park shall, by resolution, fix 

 a district of assessment, beyond which the assessment therefor shall 

 not extend. 



§ 6. The Commissioners so to be appointed by the court shall, 

 after having been duly sworn, proceed to estimate such expenses and 

 damages ; and in making the estimate, they shall include the dam- 

 ages, if any, to be sustained by any person or persons, for being so 

 obliged to build back from the line or sides of any of the said several 

 streets, or for being restricted in the use of the lots fronting on said 

 streets, as specified in the 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 assess- 

 ment so to be limited by the said Park Commissioners. 



§ 7. All laws now in force relative to widening, opening and im- 

 proving 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 Commis- 

 sioner of said city, and substituting the said Commissioners of Esti- 

 mate 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 regu- 

 late all proceedings that may be had or taken under this act. But 

 such proceedings shall continue to be under the direction of the 



