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except such parts thereof as falls within the limits of said River-street, is hereby declared to be discontinued and closed, and all those portions of Marcy avenue, Lee avenue, Wythe avenue, Walton-street, Gwinnett-street, Lynch-street, Heyward-street and Rutledge-street, as now laid down on said map, which lie between River-street,as herein before laid down, and Flushing avenue, are hereby declared to be discontinued and closed; and all that public square or park laid down on said commissioners' map, bounded by Lee avenue, Lynch avenue, Bedford avenue, Flushing avenue, and Gwinnettstreet, and called Johnson square, is hereby declared to be discontinued and closed, and the owner or owners of all the lands included within the square, avenues and streets so discontinued and closed, and their heirs and assigns may sell, convey, build upon, occupy, and otherwise improve the same in like manner as if the same had never been laid down and designated on said commissioners map as a public square, and as public avenues and streets.

avennes 10 be exten'd

§ 4. Ît shall and may be lawful for the mayor and common Certain council of the city of Brooklyn, and they are hereby authorised and empowered to take and use for the uses and purposes of public streets, all such lands as may be necessary to continue and extend Marcy avenue, Nostrand avenue, Franklin avenue, Graham-street and Clason avenue, from Flushing avenue to River-street as hereinbefore laid down, and also to extend and continue Middleton street, from Lee avenue to said River-street; all of said streets to be extended in right lines and in the same courses which they now bear.

common

council.

§ 5. It shall and may be lawful for the mayor and common Power of council of the city of Brooklyn, and they are hereby authorised and empowered to take all such proceedings for the opening of said River-street, and the other streets and avenues hereinbefore extended and laid down, as the said may or and common council now are or may be authorised by law, to take for the opening of streets in said city.

be excava

street.

§6. It shall and may be lawful for the mayor and common Canal may council of the city of Brooklyn, and they are hereby autho- ted under rised and empowered under the restrictions and limitations River hereinafter provided, after said River-street shall have been duly opened according to law, to excavate and construct through the centre of said street, between Rutledge-street and the boundary line between said city and the village of Williamsburgh, a canal of fifty feet in width, and of such depth and so walled, or otherwise constructed as they may deem expedient, and to assess the expenses, to an amount not to exceed the published estimates as hereinafter provided, of the excavation and construction of such canal, either separately or together, with the expenses of grading or of grading and paving the other portions of said street, upon the

Assessm❜nt

owners of the lands and premises benefitted by the improvement in proportion to their respective benefits, as the same shall be determined by the assessors chosen for that purpose by the said mayor and common council, and to collect the said assessments and to sell lands for the non-payment of the same, in the same manner in all respects as the said mayor and common council are or may be authorised by law to assess and collect the expenses of grading and paving streets in said city.

§7. Before taking any proceedings for the construction of to be made said canal, the said common council shall designate two or more of the assessors elected in and for said city, who shall not be interested in any land to be assessed for said improvement, to lay out a district, within which the assessments to be levied for said improvement shall be confined, and shall also procure from one or more competent engineers full and complete specifications for said canal, for a bridge at each and every of the streets and avenues on the north side of said canal, and also at as many of the streets on the south side thereof, as they may deem necessary, and for a sufficient number of self-acting flushing gates to keep the canal clean and healthy; and shall then procure from one or more competent and responsible contractors, estimates or bids for the construction of said canal, bridges, gates and all necessary ap-, purtenances, to the end that the entire cost of the contemplated improvement may be known; after which, if the coramon council shall deem it expedient to make said improvement, they shall give notice thereof in all the newspapers printed in said city, and in said notice shall designate the district to be assessed for the improvement, and the entire cost thereof as so ascertained as aforesaid, and of the time when they will proceed to finally act upon the matter, which day shall not be less than twenty days from the day of the first publication of said notice, and if a majority of the resident landholders who will be assessed for said improvement shall not remonstrate against said improvement, before the said common council shall have finally acted thereon, then the said common council may proceed to make said improvement, but not otherwise.

Parts of certain

§ 8. All of Woolsey-street as laid down on the commisstreets dis- sioners' map for laying out the city of Brooklyn, is hereby continued. discontinued; also all that part of Reid, Elizabeth, Van Dyke, Partition, Dikeman, Wolcott and Sullivan-streets, which lies between Columbia-street and a line drawn parallel with, and five hundred and fifty feet westerly from the westerly line of Columbia-street.

Otsego

9. A new street fifty feet wide, is hereby laid out and esstreet to be tablished in the sixth ward of said city to be called Otsegoaid out. street, commencing at Dwight-street, at the distance of five

hundred feet westerly at right angles from the westerly line. of Columbia-street, and running southerly parallel with Columbia-street at the distance of five hundred and fifty feet therefrom, (including said Otsego-street,) and extending to the water line established by an act passed May 5th, 1847: being seven hundred and fifty feet southerly, from the southerly corner of Bryant-street, and the said Otsego-street, as hereby established.

§ 10. Bush, Leonard, Grinnell, Bay, Sigourney, Halleck, Percival and Bryant-streets, are each of them hereby extended on a straight line, five hundred feet westerly from the westerly line of Columbia-street, to said Otsego-street.

streets to

§ 11. Two new streets fifty feet wide and two hundred feet Two new apart, shall be laid out in said ward, commencing two hun- be laid out. dred feet southerly from Bryant-street, on the westerly line of Hicks-street, (extended) thence running westerly parallel with Bryant-street, ten hundred and ten feet to the easterly line of said Otsego-street. The first one southerly of said Bryant-street, to be called Oregon-street; and the other Cuba

street.

avenue to

§ 12. It shall and may be lawful for the mayor and com- Division mon council of the city of Brooklyn, and they are hereby be opened. authorised and empowered to lay out and open a new avenue, of the width of seventy feet in said city, to be called Division avenue; said avenue to commence at a point on the east river, not exceeding one hundred and fifty feet southerly from the line dividing the village of Williamsburgh, and said city of Brooklyn, and running parallel or nearly parallel with said dividing line, until said avenue shall intersect with the termination of South-sixth-street, in the village of Williamsburgh.

ings for

13. It shall and may be lawful for the mayor and com- Proceedmon council of the city of Brooklyn, and they are hereby opening authorised and empowered, to take all such proceedings for said avenue the opening of said Division avenue, as the said mayor and common council now are or may be authorised by law, to take for the opening of streets in said city.

9 streets

§ 14. After the laying out and opening of said Division Certain avenue, all the streets as laid down on the commissioners' when dismap of said city of Brooklyn, lying north on said avenue, continued. together with Morris-street, between Kent avenue and said Division avenue, Morton-street, between Bedford avenue and said Division avenue, and Taylor-street, between Lee avenue and said Division avenue, are hereby declared to be discontinued and closed, and the owner or owners of all the streets so discontinued and closed, and their heirs and assigns may sell, convey, build upon, occupy, and otherwise improve the same, in like manner as if the same had never been laid

New str'ts

opened.

down and designated upon said commissioners' map as public streets or parts of streets of said city.

§ 15. Whenever Division avenue shall have been opened when to be as aforesaid, and the several streets or parts of streets mentioned in the preceding section, shall have been closed, the common council of said city are hereby authorised and empowered to take the like proceedings as in the case of Division avenue, for the laying out and opening of new streets in said city, north of said Division avenue, so as the same shall intersect with, and be of the same width as the streets of the village of Williamsburgh, as laid down on the map of said village.

Green to

tinued.

Fayette $ 16. The public square or park laid down upon the said be discon- commissioners' map called La Fayette Green, bounded by La Fayette avenue, Clinton avenue and Jamaica avenue is hereby declared to be discontinued and closed and the owners of the lands lying within the said limits may improve, build upon and occupy the same in like manner to all intents and purposes as if the same had never been designated as a pubfic park.

Provision

as to open

17. This act shall take effect immediately.

CHAP. 164.

AN ACT to amend an act entitled "An act to enlarge the powers of boards of supervisors," passed May 18, 1838. Passed April 3, 1848. The People of the State of New-York, represented in Senate and Assembly, do enact as follows :

1. The power given to boards of supervisors by subdiing public vision four, of section one, of the act entitled "An act to highways. enlarge the powers of boards of supervisors," passed April

18, 1838, to appoint special commissioners to lay out public highways, shall not be exercised by any board of supervisors, unless the applicant therefor shall prove to such board of supervisors the service of a notice in writing, on a commissioner of highways of each town through and into which any such highway is intended to be laid, at least six days previous to presenting such application, specifying therein the object thereof, and names of persons proposed to be appointed such commissioners.

CHAP. 165.

AN ACT in relation to the Madison University.

Passed April 3, 1848.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

may be

1. The trustees of the Madison university are hereby Location authorised to change the location of the said university, from changed to the village of Hamilton to the city of Syracuse or the city of Rochester. Rochester or the city of Utica; provided they shall within one year from the passage of this act, file with the secretary of state a resolution of their board, adopted by a majority of the votes of all the members constituting said board, electing to make such change, and determining at which of said places said university shall be located.

changed if

2. In case the residents of the village of Hamilton shall Not to be on or before the second Tuesday of August next, raise the $50.000 sum of fifty thousand dollars, in cash or satisfactory security, are raised. and pay the same to the president of the said board of trustees for the purpose of a permanent endowment of the said university, or shall deliver to said president a bond to the said trustees, with satisfactory security, to be approved by said president, in the penalty of one hundred thousand dollars, with a condition to pay within one year from the passage of this act, to the said trustees, the said sum of fifty thousand dollars for the purpose of such endowment, then nothing in the first section of this act contained, shall be deemed to authorise the removal of said university, but the same shall remain where it now is.

CHAP. 166.

AN ACT to lay out and open a street on the pier on the east side of the basin at the city of Albany.

Passed April 3, 1848, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

be laid out

§ 1. The mayor, aldermen and commonalty of the city of Street may Albany, are hereby authorised and empowered to lay out and opened and open a street across the pier on the east side of the basin at the city of Albany, from the eastern termination of the bridge running from the foot of State-street across the basin to said pier, of such width as they shall determine, and to take for that purpose so much of the lots on said pier, known and distinguished as lots numbers one hundred and seven and one hundred and eight, as they shall deem necessary. The damages to which the owner or owners of the property so taken may be entitled therefor, shall be deter

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