upon boards of excise in cities, and subject to all the provisions of said chapter, and there shall be no other board of excise in said city. Said board shall have authority to power to revoke any licenses granted by them whenever Board of excise to have revoke license. it shall appear to their satisfaction that the person to whom such license shall have been granted is not a person of good moral character, or that such person permits the shop, store, or other place in which liquors are sold pursuant to such license, to become disorderly, or anything to be done or committed therein contrary to peace or good order. All fees for licenses which shall be issued by said board of police acting as such board of excise in the city of Buffalo, and all fines and penalties provided of excise law for by said chapter, shall be received by said board of police, and shall be paid into the police fund of the said city for the use and benefit thereof, and applied in payment of the expenses of the police department created and established by this act. Fees for licen ses issued by board of ex cise and fines and penalties for violation to be paid into police fund. Original. Repealing clause. Original. § 44. Chapter four hundred and eighty-four of the laws of eighteen hundred and sixty-six, and all acts amendatory thereof, and all acts and parts of acts, statutes, ordinances and provisions inconsistent with the provisions of this act, are hereby repealed. 45. This act shall take effect on the first day of When act to May, in the year one thousand eight hundred and take effect. seventy-one. CHAPTER 165. AN ACT TO AUTHORIZE THE SELECTION AND LOCATION OF CER TAIN GROUNDS FOR PUBLIC PARKS IN THE CITY OF BUFFALO, AND TO PROVIDE FOR THE MAINTENANCE AND EMBELLISHMENT THEREOF. Passed April 14, 1869; three-fifths being present. The people of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. There shall be appointed by the mayor original. Board of park ers to be ap how. See section 1 of ch. 569, laws of 1872 in this of the city of Buffalo, by and with the advice and consent of a majority of all the members of the common commissioncouncil of said city, twelve citizens of Buffalo; and the pointed, and persons so appointed, together with the mayor of said city, shall be and they are hereby constituted a board of commissioners of the park or parks, approaches and appendix. streets which may be created pursuant to the provisions of this act, with the name and style of the "Park Commissioners." The said commissioners shall hold office Terms of for the term of five years from the first day of May, eighteen hundred and sixty-nine, and until others are appointed in their places. No member of said board shall receive any compensation for his services, but each commissioner shall be entitled to receive his actual disbursements for expenses in visiting and superintending office. Commission ers to be paid their actual said park, when such visit or service shall be made or expenses only. rendered by the direction of the board of commissioners. In case any of the persons above named shall not undertake the office of this commission, or in case of a vacancy in said board occasioned by expiration of terms of office or otherwise, such vacancy shall be filled by the mayor, by and with the advice and consent of not less than a majority of all the members of the common council of said city; and the person so appointed shall hold his office for the term of five years from the date of his appointment, and until another shall be appointed in his place. Vacancies, how filled. Original. Location of grounds for proaches. Streets may be taken therefor. § 2. The said board shall have power to select and locate such grounds in the seventh, eighth, ninth, tenth, park and ap- eleventh and twelfth wards of the city of Buffalo, as may in their opinion be proper and desirable to be reserved and set apart for one or more public parks, and also to locate and lay out such approaches thereto, and streets connecting the said parks, as may in their judgment be desirable; and one-fifth of the land so taken for a park or parks, and approaches thereto, and streets connecting the same, shall be located east of the west line of Jefferson street; and for this purpose the said commissioners may take any part or parts of existing streets, and also change the lines thereof. Before any proceeding shall be had or taken for acquiring the title to any real estate, to be taken to the said commissioners shall cause to be made a map of the land which they shall determine to take for such park or parks, and approaches thereto, and streets connecting the same, which shall be certified by the president and engineer, or a majority of the commissioners, and filed in the office of the clerk of the county of Erie. § Map of lands be filed. Original. 3. The said commissioners shall hold their first First meeting meeting on the first Monday of May, one thousand eight missioners. hundred and sixty-nine, at twelve o'clock at noon, at the of park com Officers mayor's office in said city. The said commissioners shall, at said meeting, choose a president of said board, cers of who shall be a member thereof, and shall appoint one or more persons to act as the treasurer and secretary of the said board. 84. Commission location for mon council. es therefor. Name of park ing streets. The said commissioners shall make such selec- original. tion and location, in view of the present condition and future growth and wants of said city, as they shall deem ers to report best; and they shall report such selection and location park to comto the common council of said city, on or before the first day of November, eighteen hundred and sixty-nine. In Boundaries said report the said commissioners shall state the bound- and approacharies of the grounds located by them, and the courses of the approaches and streets by them laid out. In said report the said commissioners shall designate the name and connector names of the said park or parks, approaches thereto, and streets connecting the same. The aggregate quantity of land which the said commissioners shall select and locate under the provisions of this act for a park or parks, or for approaches thereto, or streets connecting the shall not exceed five hundred acres; but the Not more than land in existing streets and public squares or places, or taken. now belonging to said city, shall not be estimated in the said five hundred acres. And the tracts, pieces and parcels of land which may be described in the said report are hereby declared to be public places, and shall be deemed to have been taken by said city of Buffalo for Lands selectpublic use, as and for a public park or parks, and taken for pubapproaches thereto, and public streets connecting the And the parts of all streets, avenues and highways now laid out as running through said pieces of land, are hereby closed and discontinued, so far as the streets and same would run through or intersect said pieces of land. through park The said the park commissioners, for the purpose of performing the duties imposed upon them by this sec same, same. 500 acres to be ed declared lic use. Closing of avenues lands. Park commissioners may nse city maps surveyors. tion, may use any map now, or which may hereafter be on file in the city surveyor's office in said city, and shall and appoint have power to employ a surveyor and other asaistants, at a yearly expense not exceeding three thousand dollars, and the same shall be a charge upon the city of Buffalo, and shall be paid out of the moneys hereby authorized to be raised for such parks. Annual expense of sur veyor. Original. tention to park to be published. § 5. Before any land shall be taken for such park or Notice of in- parks, or for the approaches thereto, or streets connecting the take lands for same, by virtue of this act, the common council of the city of Buffalo shall, by resolution, declare that the city of Buffalo intends to take the land which shall have been so selected and located by the said park commissioners, for a public park or parks, and the approaches thereto, and streets connecting the same, and shall give notice of such intention by publishing the same in all the daily city newspapers for twenty successive week days. Original. termination tion for ap commission al to be published. § 6. After the expiration of the said publications, the Notice of de- common council shall, by a resolution, declare that the and applica- city of Buffalo has determined to take and appropriate pointment of the said land for the purposes aforesaid, and they shall ers of apprais- give notice of such determination by publishing the same in each of the daily city newspapers for ten successive week days, and that the city of Buffalo will, on some day to be named in said notice, apply to the superior court of Buffalo for the appointment of three commissioners to aacertain and report the just compensation to be paid to the person or persons or corporation owning or having any interest in said property. Original. $ 7. Upon the day designated in the said notice, or on some other day to be named by the said court, it Superior court shall hear the application of the said city, and appoint to appoint commission er's. three commissioners for the purposes aforesaid; and in case any commissioner shall decline to serve, the said |