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open under the provisions of the charter of the city (Chapter 144. 

 Laws of 1850), except as otherwise provided by the act. Commis- 

 sioners of Estimate and Assessment were to be appointed by the 

 Supreme Court, in the manner pi-ovided by the act relative to Fort 

 Greene (Chapter 142, Laws of 1847), who were directed to " make 

 just and true estimate of the value of the lands, and of the loss and 

 damage to the respective owners, lessees, parties and persons respect- 

 ively entitled thereto, or interested in the same, together with the 

 tenements, hereditaments, and appurtenances, privileges or advan- 

 tages to the same belonging, or in any wise appertaining, by and in 

 consequence of relinquishing the same to the said city " (Sec. 4), 

 which amounts were to be due and payable immediately upon the 

 confirmation of said report. (Sec. 6.) The report was declared to 

 be final and conclusive upon the city, the owners, and all other per- 

 sons, and upon the confirmation of any such report, and upon pay- 

 ment being made to the owners of the lands in said report men- 

 tioned, or upon their assent thereto by deed duly executed, the said 

 lands were " to vest forever in the city of Brooklyn for the uses and 

 purposes of this act mentioned." (Sec. 8.) Bonds of the city were 

 to be issued to pay the awards, and the property of the city, and the 

 lands taken by virtue of the act, were specifically pledged for their 

 payment. In 1865 an act was passed (Chap. 603), entitled " An act 

 to change the boundaries of Prospect Park, in the city of Brooklyn," 

 authorizing the Commissioners to acquire, for the purposes therein 

 mentioned, an oval-shaped piece of ground for an entrance to the 

 park. (Sec. 1.) It provided that this land, as well as all other 

 lands mentioned in the act of 1861, should, " from and after the 

 passage of this act, be deemed to have been taken by the city as and 

 for a public park, and the Commissioners' map shall be altered to 

 correspond therewith." (Sec. 2.) Commissioners were to be ap- 

 pointed as before, to estimate the value of this land, " and also all 

 the estate, right, title, and interest in all other lands heretofore taken 

 by the act of 1861, remaining in the owners thereof, and the loss and 

 damages to be sustained by them in consequence of their relinquish- 

 ing the same to the city." (Sec. 3.) " And the title of the lands 

 mentioned in (their) such report shall, after such confirmation, vest for- 

 ever in fee simple absolute in the said city of Brooklyn, and the said 

 lands shall thenceforth form part of Prospect Park." (Sec. 5.) For 

 the payment of the awards, and the redemption of the bonds issued 

 under this act and the act of 1861, " all the lands embraced within 

 the boundaries of the said park, including those now taken, are 

 hereby specifically pledged." (Sec. 6.) That part of the land lying 

 east of Flatbush avenue was never used or improved as a park, and 

 has laid waste till the present time. In 1870, an act was passed 

 (Chap. 373) entitled " An act to authorize the improvement and sale 

 of certain portions of Prospect Park, in the city of Brooklyn." It 

 authorized the Commissioners for and in behalf of the city to sell the 

 land east of Flatbush avenue (Sec. 1), by deeds with or without 

 warranty, which deeds should vest in the guarantees an absolute title 

 in fee simple. (Sec. 2.) The proceeds of sales to be devoted to the 

 sinking fund for the redemption of park bonds. (Sec. 3.) After 



