CHAPTER 861. 



An Act to lay out and improve a public highway or avenue from 

 Prospect Park, in the city of Brooklyn, toward Coney Island, in 

 the county of Kings. 



Passed May 11, 1869; three-fifths being present. 



The' People of the State of Neiv York, represented in Senate and 

 Assembly, do enact as follows : 



Section 1. The Brooklyn Park Commissioners are hereby au- 

 thorized and directed to lay out a public highway or avenue, not more 

 than two hundred and ten feet wide, exclusive of the courtyards here- 

 inafter provided for ; commencing on the circle at the southwestern 

 angle of Prospect Park, in the city of Brooklyn, and running thence 

 westerly not exceeding two thousand feet, in the discretion of the 

 said Commissioners, in the general direction of Franklin avenue, in 

 the town of Flatbush, extending westerly ; thence again southerly by 

 such route as the said Commissioners shall consider most direct and 

 eligible, through the towns of Flatbush, New Utrecht and Gravesend, 

 at least six hundred and fifty feet west of the Coney Island plank 

 road, to the road leading from Flatbush to New Utrecht, adjoining 

 the lands of the Prospect Park Fair Grounds Association ; and, to 

 that end, they and their agents are authorized to enter upon any 

 lands which may be required for the purpose, and cause a proper 

 survey and map of the said avenue, as well as of the district of as- 

 sessment therefor to be made. (As amended by chap. 726 of the 

 Laws of 1872.) 



Sec. 2. No buildings or other erections, except porches, piazzas, 

 fences, fountains and statuary, shall remain or be at any time placed 

 upon the said avenue within thirty feet from the outside line there- 

 of; which space on each side of the said avenue, and in addition 

 thereto, shall be used for courtyards only, and may be planted with 

 trees and shrubbery, and otherwise ornamented, at the discretion 

 of the respective owners or occupants thereof; but such use and orna- 

 mentation shall be under the direction of the said Park Commis- 

 sioners. (As amended by chap. 726 of the Laws of 1872.) 



Sec. 3. The said Commissioners are hereby also directed to open, 

 grade and otherwise improve the said avenue, and in order to de- 

 termine the amount to be paid to the owners of the lands and tene- 

 ments required to be taken for the purposes of this act, and for the 

 improvement thereof, the said Commissioners shall first fix a district 

 of assessment, within which the property to be benefited shall be 

 assessed to defray the expenses of such taking, as well as of the im- 



