boundary and extended westward, and is distant sixtyeight feet and sixteen one-hundredths of a foot from said extended line; and another line on the other side of said avenue which runs from the said circle eastward to said Flatbush turnpike road parallel with the new line of Franklin avenue above described, and distant eighty feet and eighty-four one-hundredths of a foot northerly therefrom. And from and after the passage How laid of this act, the land constituting Franklin avenue as down on above widened and described shall be transferred to and form part of the city of Brooklyn, and shall be so laid down on the commissioner's map of said city.

map.

Improveavenue by park com

ment of

missioners.

§ 2. The Brooklyn park commissioners are hereby directed to take proceedings to open, grade and other wise improve the said avenue widened as aforesaid, and for the purpose of determining the amount to be paid to the owners of lands and tenements required to be taken therefor, they shall apply to the Supreme Court in the second judicial district, at special term, upon notice of not less than ten days, to be inserted in two of the daily newspapers printed and published in the city of Brooklyn, for the appointment of three com- Appointmissioners to estimate the expense of said widening and commi opening, and the amount of damages to be sustained by sioners of the owners of land and all other persons to be affected thereby, and to apportion and assess the same as herein. after directed, and the court shall thereupon proceed to make such appointment.

estimate."

assessment.

§3. Before any assessment for such widening and District of opening is made, the said park commissioners, shall fix a district of assessment, beyond which the assessment to liquidate and defray the expenses and damages incident to the said widening and opening, and the subsequent improvement thereof shall not extend.

damages

penses.

§4. The commissioners so to be appointed by the Estimate of court shall estimate the expenses and damages occa and exsioned by the said improvement, and after their report thereon shall have been confirmed, they shall apportion Assessand assess the same, as they shall deem just and equita- thereof. ble, upon the lands and premises in their judgment benefited by the improvement, within the district of assessment so to be limited by the park commissioners.

ment

Brooklyn laws, how

to avenue

ment.

§ 5. All laws now in force relative to the opening, applicable widening and extending of streets and avenues in the improve city of Brooklyn, subsequent to the appointment of commissioners of estimate, the proceedings thereon, and the duties of the several persons to be employed therein, substituting the said park commissioners in place of the common council and street commissioner, substituting also the said commissioners of estimate and assessment in place of the board of assessors, and the counsel of the said park commissioners in place of the corporation counsel of the said city, so far as relates to the opening and widening of streets and avenues, including also the levy and collection of the assessments for such improvements, and all other laws relative to the levy and collection of assessments in the county of Kings, and the lien thereof, so far as said several laws are not inconsistent with the provisions of this act, shall apply to and regulate all proceedings that may be had or taken under this act, but all such proceedings shall continue under the direction of the said park commissioners, who shall employ an attorney, clerk and surveyor, and such other agents as may be required for the purposes of this act.

Avenue, how laid out.

§ 6. The said avenue so widened shall be laid out according to a plan to be devised or adopted by the said park commissioners. Its northerly sidewalk shall be thirty feet wide, and its southerly sidewalk shall be Sidewalks. twenty feet wide, and six feet adjoining the premises facing on said southerly sidewalk may be used for court yards or areas within which to erect porches or stoops to houses, provided the occupants will inclose such court yards with good and sufficient iron or picket fences not exceeding five feet high. It shall also be graded, paved, curbed and guttered in such manner as the said park commissioners shall direct, and the said commissioners may plant the said avenue with suitable shade trees on both sides thereof, and construct such roads and walks thereon und make use of such materials of construction therefor as they shall deem best.

Grading, paving, guttering,

etc.

Shade trees.

Assess

ment by

§ 7. All expenses incident to the improvements speciBrooklyn fied in the last preceding section of this act, after having city assess been duly ratified by the said park commissioners to the board of assessors of the city of Brooklyn, shall be

ors.

ment to be

lands.

by said board apportioned and assessed within the district of assessment, so to be fixed by the park commissioners in the same manner as other local improvements are by law directed to be apportioned and assessed in said city; and the said assessment shall constitute liens Assessupon the several parcels of property chargeable there- a lien upon with, whether such parcels be in the city of Brooklyn or elsewhere in the county of Kings, and shall be levied How levied and collected in the same manner as other local assess- lected. ments are by law levied and collected; and so far as relates to assessments chargeable upon property lying south of said avenue, whether for the opening or for the improvement of said avenue, they shall be collected in the same manner as other local assessments are collected in the county of Kings.

§ 8. This act shall take effect immediately.

Chap. 802.

AN ACT to punish the issuing, procuring or use of fraudulent certificates of naturalization.

Passed May 10, 1869; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

and col

or issue of fraudulent

certificates

deemed a

SECTION 1. Any judicial officer who shall, knowingly Granting and willfully, grant or order to be issued, and any clerk f of any court or other like ministerial officer who shall, cenfe knowingly and willfully, sign or seal or issue or deliver, zation, to any person any false or fraudulent certificate that felony. such person or any person has been duly naturalized as citizen of the United States or is entitled to the rights of a citizen thereof, with the intent to enable any person to vote at any election in fraud or violation of the laws of the United States or of this State, shall, on conviction thereof, be deemed guilty of a felony, and shall How punbe punished by imprisonment in the State prison for a term of not less than one year nor more than five years. §2. If any person shall, knowingly and willfully, Procuring procure from any court or any judge thereof, or from certificates any clerk or other ministerial officer, any certificate of vote,

ished.

fraudulent

in order to

deemed a

felony.

naturalization which has been allowed or issued or signed or sealed in violation of the laws of the United States or of this State, with the intent to enable himself or any other person to vote at any election when he or such person is not entitled by the laws of the United States to become a citizen or to exercise the franchise of suffrage, he shall, on conviction, be deemed guilty of a How pun- felony, and shall be punished by imprisonment in the State prison for not less than one nor more than five years.

ished.

Willful presenting

lent certifi

cates to registry boards, to procure registra

§ 3. If any person shall, knowingly and willfully, of fraudu present to any board of officers, for the purpose of having himself or any other person placed upon any list or registry of voters, or to any board of officers, for the purpose of enabling himself or any other person to tion, deem- vote at any election, any certificate of naturalization ed a felony. which has been allowed or issued by any judicial officer, or by any clerk of any court or other ministerial officer of any court, or procured by any person from such officers, or either of them, by any false statement, oath or representation, or in violation of the laws of the United States or of this State, with intent to enable any person to vote at any election, when such person is not entitled by the laws of the United States to become a citizen, or of this State, to exercise the franchise of suffrage, he shall, on conviction, be adjudged guilty of a How pun felony, and shall be punished by imprisonment in the State prison for not less than one nor more than five years.

ished.

Rural

Chap. 803.

AN ACT to unite and protect ancient burying grounds, and establish a rural cemetery, and a free burying ground in the town of New Lebanon, Columbia county, New York.

Passed May 10, 1869; three-fifths being present. The People of the State of New York; represented in Senate and Assembly, do enact as follows:

SECTION 1. The trustees of the Rural Cemetery Assomay take ciation, now organized in the town of New Lebanon,

cemetery,

and unite

Columbia county, are hereby authorized and empowered possession, to take possession of and unite the two ancient burying burying grounds in said town, to wit: one of them being located grounds. on the farm of Frank Hand, and the other on the road. leading from Charles B. Gillet's to Lebanon Springs; and to acquire land to unite and enlarge the same, and where the cemetery association cannot agree with the owner or owners upon the price or value thereof, such land, not being within forty rods of any dwelling-house, may be acquired in the manner hereinafter prescribed as follows:

May ac

to lands, to

enlarge

same.

appoint

commis

stated

§ 2. Such cemetery association may present a petition Petition for to the county court of said county in which the land is ment of situated, praying for the appointment of three commissioners of sioners. Such petition shall be signed and verified by appraisal. the president, secretary and trustees of the association, or a majority of them, and it must contain a description What to be of the real estate which the association for public pur- therein. poses, as aforesaid, seeks to acquire; it must also state that the association is duly incorporated, that the lands to be acquired are necessary for the use of such association for public purposes, that the owner or owners are unwilling to sell the same, or that the trustees of the association have been unable to agree with the owner upon the price thereof, and have not been able to acquire title thereto.

3. The petition must also state the names and Ibid. places of residence of the parties, so far as the same can, by reasonable diligence, be ascertained, who own or have or claim to have estates or interests in said real estate.

notice upon

§4. A copy of such petition, with a notice of the time Service of and place the same will be presented to the county court interested aforesaid, must be served upon all persons whose in- persons. terests are to be affected by the proceedings, at least twenty days before the presentation of the same to the county court. If the person on whom such service is to be made resides in this State, service must be made personally, or by leaving the same at the usual place of residence of the person on whom service is to be made, with some person of suitable age.

5. If any owner or owners shall reside out of the Service