517 



provement thereof. Notice of the time and place of fixing the said 

 district, and of hearing the parties interested therein, shall be pub- 

 lished for ten days successively in at least two daily newspapers 

 printed and published in the county of-Kings. 



Sec. 4. After fixing the said district of assessment, the said Com- 

 missioners shall apply to the Supreme Court, at a special term to I"' 

 held in the second judicial district upon a similar notice, for the 

 appointment of three, Commissioners, who shall be freeholders and 

 residents of the said county, to estimate the value of the lands and 

 premises required to be taken for said avenue, and the damages to 

 be sustained by any person interested therein, as well by the taking 

 of the land as by the creation of the restriction or easement thereon, 

 specified in the second section of this act, together with the expenses 

 of said opening, and of the improvement thereof; and also to appor- 

 tion and assess the same, both for taking and improving, in such 

 manner as they shall deem just and equitable, upon the property to 

 be benefited within the district of assessment so to be fixed by the 

 said Park Commissioners, and the said court, at special term, shall 

 thereupon proceed to make such appointment. In case of the 

 death or refusal to act, or other disability of the Commissioners so 

 to be appointed, or either of them, at any time before the several objects 

 of their appointment shall have been accomplished, the said court, at 

 special term, may fill the vacancy. 



Sec. 5. The Commissioners so to be appointed by the Court, after 

 having been duly sworn faithfully to perform the duties hereby de- 

 volved upon them, shall proceed to make the estimates and assess- 

 ments referred to in the last preceding section of this act, in such and 

 so many separate reports as may from time to time be required, 

 each of said reports shall at all times before confirmation be subject 

 to review and correction, and ten days' notice of the time and place 

 of hearing objections thereto, and of reviewing and correcting the 

 same, shall be published in the newspapers above referred to. After 

 hearing such objections and making the corrections, if any shall be 

 delivered to the said Park Commissioners. 



Sec. 6. Upon receiving the said reports, or either of them, the 

 said Park Commissioners shall give ten days' notice in the said news- 

 papers that application will be made to the said Court at a special 

 term, at a time and place to be therein designated, to have the same 

 confirmed. Appeals may be taken from said reports, or any of 

 them, by giving written notice to the attorney of the said Commis- 

 sioners at least six days before the time fixed for the application to 

 confirm the same, with a specification of the nature of the objection ; 

 and the Court shall have power to confirm, amend or refer back the 

 said reports, or either of them, as it may deem proper, and to make 

 any further order in the premises, until the final confirmation 

 thereof. 



Sec. 7. Afte? the reports of estimate and assessment for taking and 

 opening the said avenue shall have been confirmed, they shall, to- 

 gether with the maps hereinbefore referred to, be filed in the office of 

 the clerk of the county of Kings, and the said Park Commissioners shall 

 be thereupon authorized to improve the said avenue according to a 



