DEPARTMENT OF PARKS. 65 



The improvements made on the lands are not many or ex- 

 tensive, aside from the Eastern Parkway, which appears to 

 have been a matter by itself, special commissioners having 

 been appointed and the regular assessments made. 



The improvement map adopted for the East Side lands 

 shows thirteen avenues, streets and places through it. Of this 

 number < > 1 1 1 \ three have been made, viz., Underbill avenue, 

 Butler street and Park place. All these are now in bad con- 

 dition, the banks having fallen on them. There has been some 

 grading done near the Plaza and Eastern Parkway. The 

 report of 1879 says: "The removal of the material having 

 been done at a very small cost, in one or two instances con- 

 tractors requiring filling for their own purposes elsewhere, 

 have been permitted to take it from the East Side lands with- 

 out cost to the Park Commissioners." 



After the sale in 1881, the Commissioners did not see fit to 

 have another sale, and many expressed the opinion that the 

 city could not give a good title to the land, it having been con- 

 demned and bought for park purposes. The opinion has also 

 been expressed that if these lands were not used for their 

 original purposes they must revert to their original owners. 



As before recited, some, after purchasing and paying ten per 

 cent., refused to pay more and take title. Suit was commenced 

 by the city to compel delinquents to take title, and a test case 

 was made of George Copeland. The case was tried before 

 Judge Pratt, on April loth, 1885, and was decided in favor of 

 the city. Copeland appealed to the General Term and the case 

 was heard at Poughkeepsie, May 13th, 1885, before Joseph T. 

 Barnard, presiding Justice, and Jackson O. Dyckman, asso- 

 ciate Justice, judgment affirmed, opinion by Judge Barnard. 

 He then carried the case to the Court of Appeals, decision was 

 rendered on October Jth, 1887, judgment affirmed by Judge 

 Peckham, all the justices concurring 



The question of the city's ability to give title being settled, 

 the Corporation Counsel is now actively pushing the de- 

 linquents for a settlement. 



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