407 



years after the passage of this act, the said Commissioners shall 

 hand over to the Commissioners of the Sinking Fund all proceeds of 

 sales, with all bonds, mortgages, and other papers and documents, 

 appertaining thereto. 



Sec. 4. Repealed. 



Sec. 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 and avenues over or upon 

 the same, of such width, and in such direction, and with such carriage 

 ways, sidewalks, and 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 discre- 

 tion ; but the expense of such measures shall not exceed, in the 

 aggregate, the sum of one hundred thousand dollars. And after they 

 shall have laid out the said streets and avenues, they shall cause a 

 suitable map thereof to be made and filed in the office of the Street 

 Commissioner of said city ; and the Commissioners' map of the said 

 city shall thereupon be altered to correspond therewith. The Park 

 Commissioners may borrow, from 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, out of the proceeds of said sales. 



Sec 6. This act shall take effect immediately. 



SUPREME COURT. 



SECOND JUDICIAL DEPARTMENT. 



The Brooklyn Park Commissioners 



against 



James Armstrong. 



Br the Court. — Gilbert, J. — The parties having agreed upon 

 a case containing the tacts upon which the controversy depends, have 

 presented a submission of the same to this court for determination, 

 pursuant to section 372 of the Code of Procedure. 



The facts are these : By the Act of the Legislature (Chapter 406, 

 Laws of 1859), Commissioners were appointed to select and locate 

 grounds for a park, in or adjacent to the city of Brooklyn, and to re- 

 port to the next Legislature. They made their selection, and reported 

 to the Legislature in 1860, which passed an act (Chapter 488, Laws 

 of 1860), amended in 1861 (Chapter 340), by which a Board of Park 

 Commissioners was appointed, and a tract of land lying on both 

 sides of Flatbush avenue was declared, from and after the passage of 

 the act, to be deemed to have been taken by the city for public use, 

 as and for a public park, and to have been opened as a public place, 

 with the same effect as if the whole of it had been taken and declared 



