417 



thereof, they shall first fix a district of assessment, within which the 

 property to be benefited by the improvements shall be assessed to 

 defray the said damages and expenses, and shall then cause applica- 

 tion to be made to the Supreme Court, at a special term thereof, to 

 be held in the Second District, upon a notice to be published not less 

 than ten days consecutively in two daily newspapers printed in the city 

 of Brooklyn, for the appointment of three Commissioners of estimate 

 and assessment. 



Sec. 3. The Commissioners so to be appointed shall, after being 

 duly sworn, estimate the expenses of the said widening and extension, 

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

 persons to be affected thereby ; and, after their report thereon shall 

 have been confirmed, they shall apportion and assess the same as 

 they shall deem just and equitable upon any lands and premises to 

 be benefited by the said improvement within the district of assess- 

 ment so to be fixed by the said Park Commissioners. 



Sec. 4. After the appointment of the said Commissioners, all 

 laws now in force relative to the opening, widening, and extending 

 of streets and avenues in the city of Brooklyn, and the proceedings 

 thereon, and duties of the several persons to be employed therein, 

 substituting the said Park Commissioners in the place of the Common 

 Council of said city, and the said Commissioners of Estimate and 

 Assessment in place of the Board of Assessors in relation to the 

 opening of streets ; including, also, payment for the work to be done, 

 the lien of assessments for the opening of streets, as well as for the 

 improvement thereof, and the levy and collection of the same, so far 

 as they are not inconsistent with the provisions of this act, shall 

 apply to, regulate, and govern all proceedings which may be had or 

 taken under this act. And the Park Commissioners shall employ an 

 attorney and counsel, and all such clerks, surveyors, and other agents 

 as may be required for the purposes of this act. 



Sec. 5. The said avenue so widened, and the said extensions 

 thereof, shall be laid out according to a plan to be devised or 

 adopted by the said Park Commissioners, and shall be graded, 

 I lived, curbed, and guttered, and shade trees planted thereon, as 

 they shall direct. And the Park Commissioners may construct such 

 carriage ways, sidewalks, and areas, and make use of such materials 

 of construction or pavement as they shall deem best, and may make 

 all necessary contracts for carrying out the said improvements. 

 And all such contracts, with all other expenses incident to the im- 

 provement of the said widened avenue, or the extension thereof, 

 shall be certified by the said Park Commissioners to the Board of 

 Assessors of the city of Brooklyn, and shall be by said Board ap- 

 portioned and assessed as other local assessments are by law directed 

 to be apportioned and assessed in said city, within the distinct of 

 assessment so to be fixed by the said Park Commissioners, for the 

 said opening. 



Sec. 6. All assessments to be laid under this act, whether they 

 relate to the opening of the said avenue, or of the extensions thereof, 

 or the improvement of the same, shall constitute liens upon the sev- 

 eral pieces or parcels of property to be charged therewith, whether 

 27 



