413 



for the payment of the bonds to be so issued. Two acts were after- 

 ward passed in 18G8, Chapters 314 and 410 of the Laws of that year, 

 pledging in different forms the land included in the Park for the pay- 

 ment of bonds issued for its extension and improvement. These 

 laws, taken together, included all the land taken for the widening of 

 Ninth avenue. 



At the time of the passage of the Act of May 7, 1809, bonds were 

 outstanding that had been issued under these previous acts. 



The Commissioners construed the act so as to give effect to the 

 words " all other persons affected thereby," and while they in form 

 awarded the damages sustained to the owner, they added the words 

 " The Commissioners of the Sinking Fund of the City of Brooklyn, 

 to be applied to the redemption of Park bonds." 



This was a construction of the act in harmony with all the pre- 

 vious legislation on the subject, and gave effect to all the provisions 

 it contained. 



It was immaterial how they designated the estate taken, so long 

 as it does not appear that any erroneous rule controlled them in 

 estimating the damages. 



I can not perceive that the Commissioners have erred in any ma- 

 terial respect. The act plainly required that Ninth avenue should b*e 

 widened ; that the damages for such widening should be estimated and 

 awarded to the owner, and that two-fifths of the amount should be 

 borne by the land on the opposite side of the street, and the City of 

 Brooklyn being such owner, and the land being under this act sub- 

 stantially taken, the Commissioners could not have done less than 

 award the sum they did. 



The order appealed from is affirmed with costs. 



