320 



only that the Legislature had power to authorize a municipal 

 corporation to acquire a full title to the lands of private per- 

 sons required for such purposes, upon the payment of a just 

 compensation, to be fixed by Commissioners appointed by the 

 court ; but that when so acquired, no reversionary estate 

 remained in the former proprietors. It held, furthermore, 

 that if the public exigencies required the subsequent conversion 

 of lands thus acquired to some other purpose than that for 

 which they were originally taken, they might be converted 

 and sold without accountability to the former proprietors. 

 And this decision appears to the Commissioners to be mani- 

 festly equitable and just, for if, when the particular object for 

 which land was taken had ceased to exist, it should by any 

 operation of law be allowed to return to the owners, they 

 having received full compensation for their relinquishment of 

 it to the public use, it must necessarily follow that they would 

 not only have their land again, but its price also. No one, 

 we think, will fail to see the iniquity of such an extraordinary 

 result as is here suggested. 



The owners, then, having received payment in full, and the 

 fee of the land being absolutely vested in the city, the Com- 

 missioners are satisfied that, if the Legislature concur in a sale, 

 there can be no difficulty in making title. There is, of course, 

 no longer any other outstanding interest, unless it be that of 

 the bondholders, and their interest will be effectually protected 

 by placing the whole proceeds of sale in the hands of the Com- 

 missioners of the Sinking Fund, for the redemption of their 

 bonds. 



As part of the history of our proceedings during the .year, 

 we are here obliged to refer to a proposition made to the board, 

 on the part of some gentlemen residing in the Ninth and Twen- 

 tieth "Wards of the city, to enter into a contract with them for 

 the improvement of this portion of park land. Their proposal, 

 with the report of the committee to whom the matter was re- 

 ferred, is appended to this report, and fully explains the reasons 

 of the board in declining to enter into such a contract. 



The Commisioners cannot take leave of this subject without 

 again expressing their thorough conviction of the propriety, if 

 not the necessity, in view of the city's extended financial obliga- 

 tions, of making a fresh disposition of the land on the east side 

 of the avenue, so that it may be laid out and sold under their 



