Pennsylvania Act 1871-785 — HUNTING PARK AND LEGACY OF ELLIOTT CRESSON ENLARGING POWERS

Act text

HUNTING PARK AND LEGACY OF ELLIOTT CRESSON ENLARGING POWERS
                  Act of May 15, 1871, P.L. 873, No. 785              Cl. 11
                                  AN ACT

     Enlarging the duties and powers of the commissioners of
        Fairmount park, by requiring them to take charge of Hunting
        Park, in the City of Philadelphia, and of the legacy of
        Elliott Cresson, providing for the planting of trees in said
        city.

        Section 1.  Hunting park transferred to commissioners
        The care and management of The Hunting Park, in the City of
     Philadelphia, is hereby transferred and committed to the
     commissioners of Fairmount Park, who shall be, and they are
     hereby authorized and required to take charge of the same, and
     lay out, enclose, plant and adorn the same; and who shall
     possess and exercise the like powers and authorities, in every
     particular, over the said Hunting Park, as now by existing laws,
     or hereafter by such as may be passed, they now have, or may
     hereafter come to have, over Fairmount Park, in the City of
     Philadelphia.  1871, May 15, P.L. 873, Sec. 1.
     Section 2.  It shall and may be lawful for said commissioners to
     survey, locate, lay out and establish an avenue, which shall not
     be less than one hundred feet in width, which shall extend from
     Hunting park to Fairmount park, connecting the two parks with
     each other, at such points as the commissioners aforesaid may
     think best; and all and singular the provisions of existing laws
     relating to Fairmount park, concerning the mode of acquiring
     possession of land and of the title to land, are hereby to the
     land and property necessary, in the judgment of said commission,
     to be required in order to the laying out and establishment of
     said avenue; the said avenue shall be laid out, paved and
     adorned as a park road by said commissioners, and shall be under
     their police control and supervision.
        Section 3.  That for the purpose of squaring the said Hunting
     park, and making the same more suitable in shape for use as a
     park, the park commissioners may negotiate with the owner of
     ground on the east side of said Hunting park, and south side of
     Bristol street, and acquire the title to an area of ground, at
     least as large as all that part of the said Hunting park situate
     north of the line of said Bristol street, which latter ground
     shall be given in exchange for the ground so acquired east of
     the said Hunting park and south of said Bristol street; and a
     deed or deeds, so agreed to be given in even exchange to the
     person entitled to receive the same, shall be executed by the
     mayor of the city of Philadelphia, whenever he shall be
     requested so to do by the park commissioners; and the said
     exchange to be made on or before the first day of January, one
     thousand eight hundred and seventy two.
        Section 4.  Moneys for duties respecting Hunting Park to be
     provided
        It shall be the duty of the councils of the City of
     Philadelphia from time to time, on the request of said
     commissioners, to provide such moneys as the said commission may
     require for the proper execution of the duties imposed upon them
     by this act.  1871, May 15, P.L. 873, Sec. 4.
        Section 5.  Commissioners to execute trust for planting of
     shade trees
        The care and management of the legacy made to the City of
     Philadelphia, by the late Elliott Cresson, of the sum of five
     thousand dollars, the income of which is to be applied to the
     planting of shade trees in said city, in accordance with the
     provisions of his will, is hereby assigned, appointed and
     transferred to the commissioners of Fairmount Park, who are
     hereby authorized and directed to receive, execute and discharge
     the said trust, and to whom the City of Philadelphia is hereby
     authorized to pay over any accumulation of interest and income
     now existing, and such as from time to time accrues, for that
     purpose.  1871, May 15, P.L. 873, Sec. 5.