RAPID TKANSIT ACT OF 1891 
 
 WITH 
 
 Amendments and Index. 
 
 Laws 1891, Chapter 4 ; as amended by Laws 1892, 
 Chapter 102 ; and by Laws 1892, Chapter 556 ; 
 and by Laws 1894, Chapter 528 ; and by Laws 
 1894, Chapter 752 ; and by Laws 1895, Chapter 519. 
 
 PRINTED FOR THE 
 
 Board of Rapid Transit Railroad Commissioners of 
 the Citji of Netv York. 
 
 PARSONS, SHEPARD & OGDEN, 
 
 111 Broadway. New York, 
 
 TRACY, BOARDMAN & PL ATT. 
 
 88 Wall Street, New York. 
 
 Attorney.*, 
 
i£x Htbrts 
 
 SEYMOUR DURST 
 
 When you leave, please leave this book 
 
 Because it has been said 
 "Ever thing comes t' him who waits 
 
 Except a loaned book." 
 
 Avery Architectural and Fine Arts Library 
 Gift of Seymour B. Durst Old York Library 
 
INDEX. 
 
 Note. — The term "board'', unless otherwise specified, will be under- 
 stood throughout to mean "board of rapid transit railroad commissioners.''' 
 
 Section. Page. 
 
 Act, rapid transit, 
 
 acts inconsistent with, repealed 66 58 
 
 amendment of, of 1894. when to take effect. ... 14 61 
 
 construction of 64 57 
 
 effect of on act relating to Indian lands 24 22 
 
 to take effect when 67 59 
 
 (For other acts, see Laws.) 
 
 Actions 
 
 underact, by board in name of city '•, o4 12, 38 
 
 against corporations by laborers, limitation to. . 18, 22 80, 212 
 
 for forfeiture of railroad rights 7 10 
 
 by owners 53 51 
 
 condition to 47 48 
 
 Adjournment, see Board. 
 
 Administrators 
 
 not individually liable 21 21 
 
 Allotment of shares, see Corporations. 
 
 Amendments in special proceedings 
 
 to be under direction of Supreme Court ... ... SO 66 
 
 Appeals 58 54 
 
 Appellant from appraisal 
 
 entitled to three copies of evidence M 54 
 
 Appellate Division of Supreme Court 
 
 included in words " General Term n 59 55 
 
 Applications 
 
 for appointment of commissioners of appraisa'. . 4:i 45 
 
 notice of 44 46 
 
 petition on ....... . 43 45 
 
 of commissioners on connec- 
 
 ti< n- and extensions tt 25* 
 
i m. 
 
 ii INDEX. 
 
 Applications, continued, for appointment, continued. Section. Page. 
 of commissioners on construc- 
 tion 5 6 
 
 of new commissioners of .ap- 
 praisal 48 48 
 
 for appropriations for board 10 14 
 
 for confirmation of report of commissioners of 
 
 appraisal 52 50 
 
 to fill vacancies in commissioners of appraisal. . 48 48 
 
 by owners for compensation 53 51 
 
 Appraisal, see Commissioners of appraisal. 
 
 Appropriations 
 
 for board 10 13 
 
 Approval- 
 
 of board to articles of association 11 15 
 
 to by-laws of corporation 13 IT 
 
 to change in amount of capital stock . . 20 20 
 
 to changes in plans and specifications.. 14 18 
 
 to engineer 7 9 
 
 to maps or plans and memoranda 40 44 
 
 to temporary tramways 33 30 
 
 of directors to changes in plans and specifica- 
 tions 14 18 
 
 of stockholders to change in amount of capita i 
 
 stock 20 20 
 
 Articles of association, see Corporations. 
 
 Auction, see Sale. 
 
 Auditor, see Comptroller. 
 
 Avenues, see Streets. 
 
 Badges, 
 
 must be worn by servants of corporation 25 24 
 
 Bids for right to construct an t d operate rail- 
 road 7 9-11 
 
 Bidders, successful, 
 
 entitled to preference in allotment of shares of 
 
 capital stock of corporation 11 16 
 
 to repay expenses of sale 10 14 
 
 Beneficial owners of stock, 
 
 liability of 21 21 
 
 Board of estimate and apportionment, 
 
 appropriations by, for board of rapid transit 
 
 railroad commissioners 10 13 
 
 direction by, of the issue of municipal bonds. . . 37 39 
 
indkx. iii 
 Section. Page. 
 
 Board of rapid transit railroad commissioners, 
 
 appropriations for 10 13 
 
 certificates of. see Certificates. 
 
 cities of over 1.000,000 inhabitants to have 1 1 
 
 duties of, to adopt a seal 3 2 
 
 to keep a record 3 2 
 
 to determine necessity for railroad.. 4 3 
 
 to determine route and general plan 
 
 of construction 4 3 
 
 to transmit to common council copy 
 of plans and conclusions as 
 
 adopted 5 5 
 
 to obtain consents to construction of 
 
 railroad 6 6 
 
 to prepare plans and specifications. . . 6 7 
 
 to sell at auction the right to construct 
 
 and operate railroad 7 9 
 
 to appoint engineer 7 9 
 
 to certify that bids are void 7 10 
 
 to resell forfeited rights 7 10 
 
 to resell railroad rights at end of term 8 12 
 
 to collect subscj iptions to capital stock 
 
 of corporations 11 15 
 
 to call meeting of subscribers 11 16 
 
 to appoint inspectors of first election 
 
 for directors 12 16 
 
 to certify approval of corporate by- 
 laws 13 17 
 
 to determine plans for connections 
 
 and extensions of route 32 27 
 
 to certify action with respect to con- 
 nections and extensions of route. ■ 32 27 
 to regulate rental for connections and 
 
 extensions of route - . 32 27 
 
 in case of vote for municipal construc- 
 tion of railroad '. 34 31 
 
 to contract on part of city for con- 
 struction of railroad 34 31 
 
 to advertise for and open proposals 
 
 for contracts 36 38 
 
 to make maps or plans 40 43 
 
 not to impair acquired rights 40 -14 
 
 not to revive extinguished rights.... 40 11 
 
 to cert it v approval of maps Of plans 
 
 and memoranda 4i> 44 
 
 to provide for vote <m municipal con- 
 struction of railroad, sec. p> of 
 
 am. of 1^94 60 
 
iv 
 
 INDEX. 
 
 Board of rapid transit railroad commissioners, 
 
 continued, duties of, continued. Section. Page. 
 
 to file statement of result of vote on 
 municipal construction, sec. 12 of 
 
 am. of 1894 61 
 
 to begin municipal construction when, 
 
 sec. 13 of am. of 1894 61 
 
 expenses of, to be repaid by successful bidders. . 10 14 
 majority of, signatures of, necessary to petition 
 for appointment of commissioners of ap- 
 praisal 43 45 
 
 meetings of, adjournment of 3 2 
 
 members of, who shall be 1 1 
 
 how styled 1 2 
 
 organization of 3 2 
 
 powers of, in general 1 2 
 
 to adopt by-laws and regulations ... 3 2 
 
 to determine necessity for railroad. . 4 2 
 
 to locate route how 4 3 
 
 to apply for appointment of com- 
 sioners on construction of rail- 
 road 5 6 
 
 to include in plans and specifica- 
 tions provisions for subways. . . 6 7 
 to alter plans and specifications 
 
 how 6 8 
 
 to prescribe terms of sale 7 9 
 
 to declare bids void 7 9 
 
 to reserve power to extend time for 
 
 construction 7 10 
 
 to reject bids when 7 11 
 
 to read vertise rights for sale 7 11 
 
 to secure compensation to extinct 
 
 corpoiation 8 12 
 
 to provide offices ... 9 12 
 
 to sue in name of city 9 IS 
 
 to compel specific performance 9 12 
 
 to apply by mandamus 9 12 
 
 to apply for appropriations 10 13 
 
 to authorize changes in plans and 
 
 specifications . . 14 18 
 
 to approve changes in amount of 
 
 capital stock of corporation. ... 20 80 
 to determine and authorize connec- 
 tions and extensions of route . 32 26-7 
 to fix compensation to city for con- 
 nections and extensions 32 27 
 
 to enforce and modify municipal 
 
 contracts 32 29 
 
[NDEX. 
 
 V 
 
 Board of rapid transit railroad commissionkrs, 
 
 continued, powers of , continued. Section. Page. 
 
 to remove temporary tramways 33 80 
 
 to make single or separate contracts 
 for municipal construction of 
 
 railroad 34 32 
 
 to release lien on railroad property* , 34 36 
 to permit assignment of contracts. . 34 37 
 to reject and readverti&e for pro- 
 posals 36 38 
 
 to require issue of municipal bonds 37 39 
 
 to modify municipal contracts 38 40 
 
 to acquire property for railroad .... 39 43 
 
 to enter on lands to make surveys. . 40 43 
 to cause to be made triplicate sets 
 
 of maps, etc 40 44 
 
 to modify maps, etc 40 44 
 
 to cause corporation counsel to pro- 
 ceed to acquire property 41 45 
 
 to take possession of property 47 47 
 
 to regulate operation of railroad ... 63 57 
 
 to construct railroad, how 64 58 
 
 not to be prevented from construct- 
 ing railroad 64 58 
 
 quorum of 3 2 
 
 vacancies in, how tilled 1 2 
 
 votes of, see Votes. 
 
 Bonds, 
 
 of city 37 39 
 
 of party contracting with city for construction 
 
 and operation of railroad 34 35 
 
 revenue, of city 10, 11 14, 59 
 
 Books 
 
 of corporation to be produced at election of di- 
 rectors 16 19 
 
 Bridof company, 
 
 directors of, may build elevated railroad 38(a) 41 
 
 to get consents ... 38(a) 41 
 
 By-Laws 
 
 of board ... 3 2 
 
 of corporations, see Corporations. 
 
 Capital 
 
 of 00HD0 rations 7 11 
 
 Capital stock, see Corporations. 
 
VI 
 
 [NDKX. 
 
 Section. Page. 
 
 Certificate 
 
 of board 
 
 of approval of corporate by-laws 13 17 
 
 of approval of maps, etc 40 44 
 
 that bids are void 7 10 
 
 as to connections and extensions of 
 
 road 32 27, 28 
 
 as to changes in amount of capital 
 
 stock of corporation 20 21 
 
 as to increase in amount of municipal 
 
 bonds 37 40 
 
 as to alteration of plans and specifica- 
 tions 14 18 
 
 of organization of corporation and ap- 
 proval of by-laws 13 17 
 
 of directors to changes in plans and specifica- 
 tions 14 18 
 
 Chamberlain, 
 
 increase of compensation to owners to be de- 
 posited with 58 54 
 
 payments to, by city, may be made when 54 52 
 
 Cities having over one millton inhabitants 
 
 to have a board of rapid transit railroad com- 
 missioners 1 1 
 
 not to have commissioners under other acts . . 64 57 
 
 City, 
 
 bonds of, see Bonds. 
 
 bound by confirmation of report of commis- 
 sioners of appraisal 52, 58 51, 54 
 
 construction by, of railroad 34 31 
 
 sec. 13 of am. of lb94 61 
 
 consequences of 63 57 
 
 contracts of, see Contracts. 
 
 to furnish copies of evidence to appellant from 
 
 appraisal 58 54 
 
 interests of. protected by corporation counsel ... 62 56 
 not liable for expenses incurred by board in ex- 
 cess of appropriations 10 14 
 
 liable to owners for property taken whnn 47 47 
 
 lien of, on railroad property 34 35 
 
 payments by, of compensation to 
 
 owners 53 51 
 
 may be to chamberlain 54 52 
 
 a protection to city 56 53 
 
 to wrong persons 54 52 
 
iND H x . vii 
 
 City, continued. Section. Page. 
 
 rental to, see Rental. 
 
 security to 34 35 
 
 to become seized of property when 47 47 
 
 suits against, by owners for compensation 53 51 
 
 on account of payments to wrong 
 
 persons 54 52 
 
 by, may be brought by board 9, 34 12, 38 
 
 Claims for compensation, 
 
 conflicting 54 52 
 
 limitations on 55 53 
 
 Code of civil procedure 62, 23 56, 22 
 
 Commissioners of appraisal, 
 
 appointment of 45 46 
 
 application for 43 45 
 
 notice of 44 46 
 
 compensation of 62 56 
 
 duties of 48 49 
 
 employes of, compensation of 62 56 
 
 expenses of 62 56 
 
 new, when to be appointed 48 48 
 
 to notify coiporation counsel of filing of reports 50 50 
 
 oath of 46 47 
 
 powers of, in general 48 48 
 
 to employ necessary clerks, etc 62 56 
 
 report of. appeal from r 58 54 
 
 on separate claims for compensation. . 57 58 
 
 confirmation of 52 50 
 
 to be filed where 50 50 
 
 to be final, unless appealed from 52 51 
 
 general requisites 49 49 
 
 second, to be final 58 54 
 
 may be single or several 48 49 
 
 vacancies in, how filled 48 48 
 
 Commissioners on connections and extensions of 
 
 route 32 29 
 
 Commissioners on constriction and OPERATION OF 
 
 RAILROAD, 
 
 appointment of 4, 5 3. 7 
 
 determination of 4, 5 3, 7 
 
 may locate route how 4 4 
 
 report of 5 7 
 
 vacancies in, how filled 5 7 
 
 Commissioners on damaoks for kkmovai. of kxist 
 
 OtQ strfctfrf.s 33 30 
 
viii 
 
 INDEX. 
 
 Section. Page. 
 
 Commissioners of public works in New York City 
 may make reasonable requirements as to con- 
 struction, in connection with subsurface struc- 
 tures 6 8 
 
 Commissioners of rapid transit, 
 
 compensation of 10 14 
 
 to take oath 2 2 
 
 organization of. as a board 3 2 
 
 original, compensation of, sec. 11 of am. of 1894 59 
 
 office of, termination of, sec. 11 of am. of 1894. . 59 
 to transfer records to new board, sec. 11 of am. 
 
 of 1894 59 
 
 Commissioners on transportation of mails 26 25 
 
 Common council, 
 
 consents of, see Consents. 
 
 proceedings of, with regard to plans and con- 
 clusions 5 5 
 
 with regard to elevated railroad 38 (a) 41 
 
 vote of, on plans and conclusions 5 5 
 
 Compensation 
 
 to board, see Board. 
 
 to city, for connections and extensions of rail- 
 road 32 27 
 
 to commissioners of appraisal 62 56 
 
 to corporation, at end of term, for property 8 12 
 
 to corporation counsel and assistants 62 56 
 
 to employes of commissioners of appraisal 62 56 
 
 in general, to be paid by comptroller 62 56 
 
 to original commissioners of rapid transit, sec. 
 
 11 of am. of 1894 59 
 
 to property owners 49 49 
 
 claims for 55 53 
 
 diminution of, on appeal 58 54 
 
 increase of, " 58 54 
 
 payment of, to be to cham- 
 berlain, when 54 52 
 to be directed by 
 
 court 52 51 
 
 to be made when. . 58 51 
 to protect city 
 
 \\ hen 56 53 
 
INDEX. ix 
 Section. Page. 
 
 Comptroller of city. 
 
 application to, by property owners before suing 
 
 city for compensation 53 51 
 
 Bnd auditor to pay expenses and compensation 
 
 of rapid transit commissioners 10 14 
 
 duties of, on appeal from appraisal 58 M 
 
 to issue municipal bonds 10, 37, 11 14, 39,59 
 
 to pay expenses of cominmissioners 
 
 of appraisal 62 56 
 
 of corporation coun- 
 sel 62 56 
 
 of original commis- 
 sioners of rapid 
 transit, sec. 11 of 
 
 am. of 1894 59 
 
 to repay security given by contract- 
 ing party 34 36 
 
 not to receive compensation as commissioner. . . 10 15 
 
 to be a member of board 1 1 
 
 not to take oath as commissioner 2 2 
 
 Condemnation law 23 22 
 
 Conditions of sale, see Sale. 
 
 Conduits and pipes, 
 
 laying of, property may be acquired for 39 43 
 
 Confirmation 
 
 of report of commissioners of appraisal 52 50 
 
 Connections, see Railroads. Ferries. 
 
 ( \ >NSENTS 
 
 of board to assignment of contracts ^ 34 :i? 
 
 of common council to construction of elevated 
 
 railroad ;.. 38(a) 41 
 
 to plans and conclusions. ... 5 5 
 
 of corporation to modification of contracts for 
 
 connections and extensions 88 29 
 
 of legislature to increase in n mount of munici- 
 pal bonds 37 40 
 
 of local authorities to construction of elevated 
 
 railroad 38 (a) 41 
 
 to construction of rapid 
 
 transit railroad 4, 5 3, 6 
 
 to modifications of rout.-, 
 plans, and specifica- 
 tions 34, 38 31, 40 
 
X 
 
 INDEX. 
 
 Consents, continued. Section. Page. 
 
 of property owners to construction of elevated 
 
 railroad 38(a) 41 
 
 to construction of rapid 
 
 transit railroad 4, 5 3, 6 
 
 to modifications of routes, 
 plans, and specifica- 
 tions 34, 38 31, 40 
 
 of sureties of contracting party to modifications 
 
 of contracts, plans, or specifications 38 40 
 
 Constitution of the State of New York 46, 32 47, 28 
 
 Construction of railroad, 
 
 may be how 64 58 
 
 not to be on certain streets 4 4 
 
 conditions imposed on 7 9, 10 
 
 conduct of, with regard to existing structures. . 6, 33 8, 29 
 
 with regard to connections and extensions ... 32 26, 27 
 
 conditions im- 
 posed on . . . 32 29 
 
 of elevated railroad 38(a) 41, 42 
 
 general plan of 38 (a) 41 
 
 municipal, see Municipal construction. 
 
 plan of, general 4 3 
 
 purposes of, property may be acquired for 39 42 
 
 See also Board of rapid transit rail- 
 road commissioners and Contracts. 
 
 Contracts 
 
 with regard to connections and extensions of 
 
 railroad, how constituted 
 
 32 
 
 28 
 
 
 32 
 
 29 
 
 
 32 
 
 29 
 
 
 34 
 
 31 
 
 to be approved by corporation coun- 
 
 
 
 sel, sec. 13 of am. of 1894 
 
 
 61 
 
 assignments of, requisites to 
 
 34 
 
 37 
 
 
 34 
 
 38 
 
 construction of, in event of extinction 
 
 
 
 
 34 
 
 37 
 
 modifications of 
 
 38 
 
 40 
 
 
 36 
 
 38 
 
 provisions of, for future require- 
 
 
 
 ments of board. . 
 
 34 
 
 32 
 
 for suspension of con- 
 
 
 
 
 34 
 
 32 
 
 for equipment and 
 
 
 
 operation of rail- 
 
 
 
 
 34 
 
 33 
 
INDEX. Xi 
 
 Contracts, continued for construction, etc., con- 
 tinued. Section. Page. 
 for assurance to con- 
 tracting party of 
 
 rights 34 33 
 
 for payment of rental 
 
 to city 34 33 
 
 for renewal of lease. . 34 34 
 for construction of 
 
 road in sections. 34 34 
 for terminal dates of 
 
 construction 34 34 
 
 in case of default by 
 
 contracting party 34 36, 37 
 
 may be single or separate 34 32 
 
 Contractor, 
 
 indebtedness of, to laborers, remedy for 22 21 
 
 may lay temporary tramways 33 30 
 
 may remove existing structures when 33 29 
 
 removals by, of existing structures, to be at the 
 
 expense of contractor 33 30 
 
 Contribution/ 
 
 right to, by stockholders of corporation 18 20 
 
 Corporations, 
 
 actions against, by laborers 18, 22 20, 21 
 
 applications by, for connections and extensions 
 
 of road 32 26 
 
 articles of association of 11 15 
 
 bond of 34 35 
 
 bonded indebtedness of, maximum amount of . . 7 11 
 
 books of, to be produced at election of directors 16 19 
 
 by-laws of, to be adopted 12 16 
 
 to be consistent with act 12 16 
 
 must provide what - 12 16 
 
 amendment of 12 17 
 
 may provide for forfeiture of shares 12 17 
 
 must be approved by board 12 17 
 
 approval of, certificate of to be filed 13 17 
 may provide for tilling vacancies in 
 
 directors 16 19 
 
 capital of, amount of to be specified 7 11 
 
 capital stock of, number of shares to be specified 7 1 1 
 
 subscriptions to 11 L5 
 
 changes in amount of 20 20 
 
 compensation to, for property, at end of term . 8 IS 
 
 for transportation 24 23 
 
 construction by, of railroad, on modified plans 
 
 and specifications 14 18 
 
xii 
 
 INDEX. 
 
 Corporations, continued. 
 
 directors of, election of 
 
 inspectors of 
 
 term of office of 
 
 approval by, of modifications of 
 
 plans and specifications 
 
 meetings of, special 
 
 how chosen 
 
 tenure of office of 
 
 votes for, regulated how 
 
 vacancies in 
 
 who may be 
 
 to compel payment of subscriptions 
 to sign statement as to change in 
 
 amount of capital stock 
 
 duties of, performance of, how compelled'. 
 
 to furnish accommodations for pas- 
 sengers 
 
 to run regular trains 
 
 to transport what 
 
 to carry the mails 
 
 to supply special trains to carry the 
 
 mails when. . . , 
 
 dissolution of, by legislature, not to impair 
 
 vested rights 
 
 elections in, inspectors of 
 
 exemption of, from taxation 
 
 existing, rights of, not to be impaired 
 
 failure of, to observe terms of sale 
 
 fares and freights, rates of 
 
 right to charge 
 
 liability of, for refusal to transport 
 
 management of 
 
 notices to, see Notice. 
 
 obligations of, performance of, how compelled . 
 
 to repay expenses to buyers at 
 
 sales 
 
 to pay rental to city 
 
 office of, principal, where to be 
 
 offices in, vacancies in 
 
 officers of 
 
 organization of 
 
 necessity for 
 
 president of, to certify approval of modifica- 
 tions of plans' and specifica- 
 tions 
 
 necessity for 
 
 to sign statement as to change in 
 amount of capital stock 
 
 Section. 
 
 Page. 
 
 12, lb 
 
 16, 19 
 
 12 
 
 16, 17 
 
 12 
 
 16 
 
 14 
 
 ■i O 
 
 18 
 
 14 
 
 18 
 
 16 
 
 19 
 
 lb 
 
 1» 
 
 16 
 
 19 
 
 16 
 
 19 
 
 lb 
 
 19 
 
 17 
 
 19 
 
 20 
 
 21 
 
 9 
 
 12 
 
 28 
 
 25 
 
 no 
 
 2o 
 
 25 
 
 no 
 28 
 
 25 
 
 2b 
 
 25 
 
 cm 
 2o 
 
 40 
 
 ol 
 
 Oft 
 
 2b 
 
 12 
 
 lb, 1» 
 
 15, 35 
 
 19, 38 
 
 64 
 
 57 
 
 7 
 
 10 
 
 7 
 
 11 
 
 24 
 
 23 
 
 28 
 
 25 
 
 16 
 
 19 
 
 9 
 
 12 
 
 13 
 
 18 
 
 32, 34 
 
 27, 33 
 
 15 
 
 19 
 
 12 
 
 16 
 
 12 
 
 17 
 
 13 
 
 17 
 
 7 
 
 11 
 
 14 
 
 18 
 
 12 
 
 17 
 
 20 
 
 21 
 
INDEX. 
 
 Corporations, continued. 
 
 powers of, to take and hold voluntary grants of 
 
 real estate 
 
 to transport 
 
 to receive compensation 
 
 to enter on streets 
 
 to construct railroad 
 
 limitations on. . 
 
 to make excavations 
 
 to borrow money 
 
 to issue bonds ... 
 
 to remove existing structures. 
 
 prohibition to, to use horse-railroad tracks 
 
 railroad of, see Railroad. 
 
 rights of, forfeiture of 
 
 resale of, on forfeiture 
 
 to repurchase franchise at end of 
 
 term 
 
 to acquire and hold real estate 
 
 to acquire title to property under con- 
 demnation law 
 
 additional, when vested 
 
 secretary of 
 
 security of, repayment of 
 
 interest on, to be credited on rental 
 
 servants of, remedies of 
 
 must wear badges 
 
 may eject passengers when 
 
 intoxication of, penalty for 
 
 stock of, deemed personal estate 
 
 transfers of 
 
 stockholders of, approval of, to change in 
 . amount of capital stock. . . . 
 
 liabilities of 
 
 limitations on 
 
 not impaired by dis- 
 solution ...... 
 
 meetings of '. . . 
 
 quorum of 
 
 rights of, to contribution 
 
 votes of 
 
 subscribers to, meetings of 
 
 record of, certificate 
 
 of 18 17 
 
 
 Xll 1 
 
 Section. 
 
 Page. 
 
 24 
 
 22 
 
 24 
 
 23 
 
 24 
 
 23 
 
 24 
 
 23 
 
 24 
 
 23 
 
 24 
 
 23 
 
 24 
 
 23 
 
 24 
 
 24 
 
 24 
 
 24 
 
 33 
 
 29 
 
 33 
 
 30 
 
 7 
 
 10 
 
 7 
 
 10 
 
 8 
 
 12 
 
 23 
 
 22 
 
 23 
 
 22 
 
 32 
 
 28 
 
 12 
 
 17 
 
 34 
 
 36 
 
 34 
 
 36 
 
 18, 22 
 
 20, 21 
 
 25 
 
 24 
 
 27 
 
 25 
 
 29 
 
 26 
 
 19 
 
 20 
 
 19 
 
 20 
 
 20 
 18 
 
 20 
 
 18 
 
 19 
 
 20 
 
 81 
 
 20 
 
 20 
 
 20 
 
 12 
 
 16 
 
 18 
 L6 
 
 90 
 
 11. 12 
 
 19 
 16 
 
XIV 
 
 INDEX. 
 
 Corporations, continued. Section. Pa.ge. 
 
 street railroad, rights of, how affected 64 58 
 
 taxation of 15. 35 19, 38 
 
 transportation by, powers of 24 23 
 
 compensation for ' 24 23 
 
 of the mails 26 24 
 
 of persons and property .... 28 25 
 
 treasurer of 12 17 
 
 Corporation counsel, 
 
 applications by, see Applications. 
 
 approval of, necessary to municipal contracts, 
 
 sec. 13 of am. of 1894 61 
 
 compensation of 62 56 
 
 entitled to two copies of maps, etc 40 44 
 
 expenses of '. 62 56 
 
 to file map in register's office 42 45 
 
 to give notice of submission of report of com- 
 missioners of appraisal .... 51 50 
 
 to protect interests of city 62 56 
 
 to take proceedings for acquiring property 41 45 
 
 Counsel to the corporation, see Corporation 
 counsel. 
 
 Court, see Supreme Court, Court of Appeals. 
 
 Court of Appeals, 
 
 appeal to, from decision on appraisal 58 54 
 
 Creditors of corporation, 
 
 liability to, of stockholders 18 19 
 
 rights of, not impaired by dissolution of corpor- 
 ation 31 26 
 
 nor by expiration of term 7 11 
 
 Damages 
 
 for interference with existing structures 33 30 
 
 for property taken 47 47 
 
 See Compensation, Property. 
 
 Description of property, see Property. 
 
 Determination, see Board, Commissioners. 
 
 Directors, see Corporations, Bridge company. 
 
 Dissolution of corporations 31 26 
 
 Easements 
 
 included in " property " 39 43 
 
INDEX. XV 
 
 Section. Page. 
 
 Elevated railroad, 
 
 construction of, by bridge company 38 (a) 40 
 
 not to be on certain streets 4 4 
 
 streets occupied by, excepted from act 4 4 
 
 Engineer, 
 
 appointed by board 7 
 
 locomotive, penalty for intoxication of 29 26 
 
 Evidence, 
 
 on appeal from appraisal, copies of, to be fur- 
 nished appellant by city 58 54 
 
 before commissioners on construction 5 7 
 
 of organization of corporation, what is presump- 
 tive 13 17 
 
 in suits against city, what is conclusive 53 51 
 
 Excavations, 
 
 power to make 24 23 
 
 Excepted places, 
 
 railroad may not be constructed on 4 4 
 
 railroad may be across or under 4 4 
 
 Executors, . 
 
 not individually liable as stockholders 21 21 
 
 Exemption, see Corporations, Taxation. 
 
 Existing Corporations, see Corporations. 
 
 Existing structures, 
 
 interference with and removal of 33 20-30 
 
 Expenses 
 
 of toard. appropriations for H) 13 
 
 of commissioners of appraisal. 62 56 
 
 of construction of road, to include what 61 M 
 
 of corporation counsel 62 56 
 
 in general, to be taxed by supreme court 02 56 
 
 not to exceed limit prescribed by code 62 56 
 of supervision of construction of road under- 
 ground 8 
 
 Fares, 
 
 on elevated railroads 38(a) 42 
 
 on rapid transit railroad ?, 24 11, 23 
 
 Ferriks. 
 
 connection of railroad with 32 20 
 
 Franchises 
 
 included in " property " 39 43 
 
 Freight 24 23 
 
XVI INDEX. 
 
 f Section. Page. 
 
 General term, see Supreme Court. 
 
 GUARDIA.NS, 
 
 not individually liable as stockholders 21 21 
 
 Indebtedness, 
 
 bonded, maximum amount of, of corporation . . 7 11 
 
 Indian lands, 
 
 act with regard to 24 22 
 
 Individual liability of stockholders, see Corpor- 
 ations. 
 
 Injuries to railroad property, 
 
 penalty for 30 26 
 
 Inspectors of elections 12 16, 17 
 
 Interest, 
 
 on damages for property taken 53 51 
 
 on security, to be credited to contracting party. 34 36 
 
 Intersections, 
 
 of rapid transit road with other roads 24 23 
 
 Intoxication, 
 
 penalty for 29 26 
 
 Laborers, 
 
 remedies of 22 21 
 
 Lands, see Property. 
 
 Laws AFrECTED by act, 
 
 1875, ch. 606 64 57 
 
 1890, " 505 64 57, 58 
 
 1850, " 140 64 58 
 
 1836, " 316 ■ 24 22 
 
 Liabilities, see Corporations. 
 
 Lien 
 
 of city on property of railroad 34 35 
 
 Limitations 
 
 to claims by laborers and servants 18. 22 20, 22 
 
 to claims to compensation for property taken. . 55 53 
 
 Local authorities, 
 
 adoption by, of plans and conclusions. 5 5 
 
 consents of, see Consents. 
 
index. xvii 
 
 Local authorities, continued. Section. Page, 
 may request board to determine necessity for 
 
 rapid transit railroad 4 2 
 
 supervision by, of construction of railroad 
 
 underground 6 8 
 
 Mails, 
 
 transportation of, by corporation 26 24 
 
 Maps or plans and memoranda, 
 
 amendments of 40 44 
 
 approval of, by board 40 44 
 
 board to cause to be made 40 43 
 
 copies of, two to be transmitted to corporation 
 
 counsel 40 44 
 
 one to be filed with department of 
 
 public works . 40 44 
 
 one to be filed by corporation counsel 
 
 in register's office 42 45 
 
 preparation of, expense of, to be included in 
 
 cost of road 61 56 
 
 requisites of 40 44 
 
 third set of 42 45 
 
 commissioners of appraisal to procure 
 
 from corporation counsel 48 49 
 
 to be annexed to report of commis- 
 sioners of appraisal 49 49 
 
 triplicate set of, board may cause to be made. . . 40 44 
 
 Mayor of city 
 
 to be a member of board 1 1 
 
 not to take oath as commissioner of rapid tran- 
 sit 2 2 
 
 not to receive compensation as commissioner of 
 
 rapid transit 10 15 
 
 Meetings 
 
 of board, see Board. 
 
 of stockholders, subscribers, and directors, see 
 Corporations. 
 
 Members of board, see Board. 
 
 Memoranda, see Maps or plans and memoranda. 
 
 Modification, see Contracts and Plans and mm-:ci- 
 
 FICATIONS. 
 
xviii 
 
 INDEX. 
 
 Section. Page. 
 
 Money, 
 
 to pay for property taken, how raised 61 55 
 
 power of corporations to borrow 24 24 
 
 Municipal construction 
 
 of railroad to be through board, sec. 13 of am. 
 
 of 1894 61 
 
 contracts for, see Contracts. 
 
 to be postponed to vote, sec. 14 of 
 
 am. of 1894 61 
 
 vote upon, sec. 12 of am. of 1894 60 
 
 New commissioners of appraisal, 
 
 appointment of . .: 48 48 
 
 New York, 
 
 city of, surface of streets of, railroad not to be 
 
 upon 65 58 
 
 Notice 
 
 of application for appointment of commissioners 
 
 of appraisal 44 46 
 
 for appointment of commissioners 
 
 on construction 5 6 
 
 for appointment of new commis- 
 sioners of appraisal 48 49 
 
 to fill vacancies in commissioners 
 
 of appraisal 48 48 
 
 to city not to pay compensation to property, ab- 
 sence of 56 53 
 
 of confirmation of report of commissioners of 
 
 appraisal 58 54 
 
 of determination on transportation of mails. .. . 26 25 
 
 of indebtedness of contractor to laborer 22 21 
 
 of meetings of stockholders 20 20 
 
 of subscribers 11 16 
 
 of opening books of subscription 11 15 
 
 for proposals for contracts 36 38 
 
 of sale of right to construct and operate road ... 7 9 
 
 to stockholders, by servants of corporation 18 20 
 
 of submission of report of commissioners of ap- 
 praisal 51 50 
 
 Oath 
 
 of commissioners of appraisal 46 47 
 
 of rapid transit 2 2 
 
 Officers, see Corporations. 
 
 Offices, see Corporations. 
 
INDEX. Xix 
 
 Section. Page. 
 
 Operation, see Railroad. 
 Owners, see Property. 
 
 Parks and public places 
 
 excepted 4, 24, 38(a) 4,24,42 
 
 Passengers, 
 
 ejection of 27 25 
 
 right of, to transportation and accommodation . 28 25 
 
 Payment 
 
 of compensation for property, see Property. 
 Penalties 
 
 for injuries to railroad property 30 26 
 
 for intoxication of servants of corporation 29 26 
 
 for resistance by owners 47 48 
 
 Persons, firms or corporations, 
 (Consider with Corporations). 
 
 Petition 
 
 on application for appointment of commission- 
 ers of appraisal 43 45 
 
 Pipes, see Railroad, Conduits and pipes. 
 
 Plans and conclusions 5 5 
 
 Plans of construction, see Construction. 
 
 Plans and memoranda, see Maps or plans and mem- 
 oranda. 
 
 Plans and specifications. 
 
 alterations of , in general 6 b 
 
 when construction private 14 18 
 
 wlien construction municipal ... 34, 38 31, 40 
 
 examination of, by public 7 9 
 
 general requisites of fi 7 
 
 need not be set out at large on resale of rights at 
 
 end of term of corporation 8 12 
 
 Pledgees 
 
 of stock not individually liable 21 21 
 
 Powers, see Board, Corporations. 
 
 Preference 
 
 of actions under act on calendar 7. 9 10, 13 
 
 of successful bidders in allotment of shares 11 10 
 
 President, see Corporations. 
 Privileges 
 
 included in " property " 39 43 
 
XX 
 
 INDEX. 
 
 Section. Page. 
 
 Property, 
 
 acquisition of, general power of 39 42 
 
 proceedings for, by corporation 
 
 counsel 41 45 
 
 appraisal of 48 49 
 
 city to become seized of when 47 47 
 
 compensation for, actions for 
 
 evidence in 
 
 claims for, limitation to . . . . 
 
 when due 
 
 payment of, directed by court 
 when to be made 
 for owners un- 
 known or- under 
 disability, to be 
 to chamberlain, 
 to protect city . . 
 to wrong per- 
 sons, remedy for 
 
 to unknown owners 
 
 of corporations 
 
 definition of 
 
 description of, what is sufficient 
 
 entry on, to make maps and surveys 
 
 for purpose of taking possession 
 
 by corporations 
 
 money to pay for. how raised 
 
 owners of, consents of, to location of route of 
 
 railroad 
 
 to construction of rail- 
 road 
 
 to connections and ex- 
 tensions of railroad 
 to construction of ele- 
 vated railroad. . . 
 to modifications of 
 plaus and specifi- 
 
 tions 
 
 resistance by, penalty for 
 
 rights of, may be acquired or ex- 
 tinguished 
 
 acquired or extinguished, 
 
 not to -be revived 
 
 use of, under act, deemed public 
 
 value of, how computed 
 
 D6 
 
 01 
 
 DO 
 
 01 
 
 05 
 
 DO 
 
 A -r 
 
 4< 
 
 4/ 
 
 en 
 D4 
 
 01 
 
 DO 
 
 01 
 
 54 
 
 52 
 
 56 
 
 53 
 
 54 
 
 52 
 
 49 
 
 50 
 
 23, 24 
 
 22 
 
 39 
 
 43 
 
 AA 
 
 AR 
 
 40 
 
 43 
 
 47 
 
 47 
 
 24 
 
 23 
 
 61 
 
 55 
 
 4 
 
 3 
 
 5 
 
 6 
 
 32 
 
 29 
 
 38 (a) 
 
 41 
 
 34, 38 31, 
 
 40 
 
 47 
 
 48 
 
 39 
 
 43 
 
 40 
 
 44 
 
 60 
 
 55 
 
 5 
 
 6 
 
 Proposals, see Contracts. 
 
INDEX. 
 
 xxi 
 
 Section. Page. 
 
 Public Places, see Parks. 
 
 Public Use, 
 
 use of property and streets under act is a 24, 60 24, 55 
 
 Public Works, 
 
 department of, entitled to a copy of maps, etc. . 40 44 
 
 Purchasers 
 
 of right to construct and operate road to be re- 
 paid expenses by corporation 13 18 
 
 Quorum, see Board, Corporations. 
 
 Railroad, 
 
 connections and extensions of 32 26 
 
 construction of, general plan of, see Construc- 
 tion. 
 
 construction and operation of, 
 
 acquisition of prop- 
 erty for 39 42 
 
 consents to, see 
 
 Consents. 
 expenses of, to in- 
 clude what. . . 61 56 
 may be where .... 64 58 
 municipal, see Mu- 
 nicipal Con- 
 struction. 
 on New York 
 streets prohib- 
 ited 65 58 
 
 right of, sale of, 
 see Sale. 
 resale of, 
 see Resale. 
 
 crossings of, with other roads 24 23 
 
 existing, operation of, not to be interfered 
 
 with 64 57 
 
 property of, injuries to 30 26 
 
 public way, deemed to be a 63 57 
 
 rental for, see Rental. 
 route of 
 
 not to be changed 14 18 
 
 determination of 4 3 
 
 interference of, with existing struct- 
 ures 33 29 
 
 location of 4 3 
 
xxii 
 
 INDEX. 
 
 Railroad, continued, route of, continued. Section. Page. 
 modification of, in case of municipal 
 
 construction 34 31 
 
 street, rights of, not impaired 64 57 
 
 taxation of, see Taxation. 
 
 Rapid transit 
 
 railroad, necessity for, determination on, see 
 Board, Commissioners. 
 
 railroad commissioners, see Board, Commis- 
 sioners. 
 
 Rates 
 
 of fare, see Fares. 
 Record 
 
 of board to be a public record .- 3 2 
 
 of original commissioners of rapid transit to be 
 
 transferred, sec. 11 of am. of 1894 59 
 
 Remedies 
 
 of laborers against contractor 22 21 
 
 against corporation 18 20 
 
 of servants of corporation. 18 20 
 
 Removal 
 
 of commissioners of appraisal 59 55 
 
 of existing structures 33 29 
 
 Rental 
 
 for connections and extensions of road 32 27 
 
 for railroad. . . 34 33 
 
 not to be reduced 38 40 
 
 Report, see Commissioners of appraisal, Commis- 
 sioners on construction, etc. 
 
 Resale of right 
 
 to construct and operate road, on forfeiture 7 10 
 
 at expiration of 
 
 term 8 12 
 
 Rights, see Construction, Corporations. 
 
 included in "property " 39 43 
 
 Route, see Railroad, Elevated railroad. 
 Sale 
 
 of railroad rights , 7 8-11 
 
 terms of, to provide for repay- 
 ment by success- 
 ful bidder of ex- 
 penses of board. . 10 14 
 provisions of, in gen- 
 eral 7 8-11 
 
index. xxiii 
 
 Section. Page. 
 
 Seal of board 3 2 
 
 Secretary of corporation 12 17 
 
 Securities 34 35, 36 
 
 Security 
 
 on appeal from appraisal unnecessary 58 55 
 
 of successful bidder, at sale 7 9, 10 
 
 of contracting party, to city 34 35 
 
 Separate reports 
 
 of commissioners of appraisal 57 53 
 
 Servants, see Corporations. 
 Sewers, see Construction, Railroad. 
 Shares, see Corporations. 
 
 Sinking fund . 37 39 
 
 Specifications, see Plans and specifications. 
 
 Stations and station approaches 
 
 included in construction and operation 39 42 
 
 may be situated how 6 8 
 
 Stay, 
 
 appeal not to act as a general 58 54 
 
 Stock, see Corporations. 
 
 Stockholders, see Corporations. 
 
 Streets and avenues, 
 
 entry upon and under, by corporation 24 23 
 
 exception of certain 4, 24 4, 24 
 
 location of route over, etc 4 3 
 
 of New York city, no railroad to be built upon. 65 5M 
 
 railroad deemed part of, when .. 63 57 
 
 surface of, to be restored 24 24 
 
 use of, under act a public use 24 24 
 
 Street railroads, 
 
 interference with 33 29 
 
 rights of, not to be impaired (54 58 
 
 Subscribers, see Corporations. 
 
 Subscriptions, see Corporations. 
 
 Subsurface structures, see Construction, Railroad. 
 
 Subways, see Construction, Railroad. 
 
xxiv 
 
 INDEX. 
 
 Section, Page. 
 
 Supreme Court 
 
 may amend defects in special proceedings 59 55 
 
 applications to, see Applications. 
 
 to appoint commissioners of appraisal 45 46 
 
 to confirm report of commissioners of appraisal 52 50 
 
 may direct further notices 59 55 
 
 to direct payment of compensation 52 51 
 
 may fill vacancies in commissioners of appraisal 59 55 
 
 general term of, appeal to, from appraisal 58 54 
 
 applications to, see Applica- 
 tions. 
 
 to appoint commissioners on 
 connections and exten- 
 sions 32 29 
 
 to appoint commissioners on 
 
 construction 5 7 
 
 decision of, on appropriations 
 
 to be final 10 14 
 
 to determine amount of com- 
 pensation to commissioners 10 15 
 
 may direct new appraisal 58 54 
 
 may fill vacancies in commis- 
 sioners on construction 5 7 
 
 to include appellate division. . . 59 55 
 
 removal by, of commissioners of appraisal 59 55 
 
 submission to, of report of commissioners of ap- 
 praisal 51 50 
 
 to tax fees and expenses of appraisal 62 56 
 
 Sureties of corporation, 
 
 consent of, to modifications 38 40 
 
 Surveys, 
 
 board may enter on lands in order to make 40 43 
 
 expenses of, included in cost of construction of 
 
 road 61 56 
 
 Taxation 
 
 of elevated railroad structure 38 (a) 42 
 
 exemption from, of corporations, as to what.. . . 35 38 
 
 of municipal bonds 37 39 
 
 of unfinished railroad 15 19 
 
 Term 
 
 of corporate franchise 7 11 
 
 expiration of, resale on 8 12 
 
INDEX. xxv 
 Section. Paoe. 
 
 Terms 
 
 included in '' property " 39 43 
 
 of sale 7 8-11 
 
 articles of association must conform with 11 15 
 
 to specify repayments of expenses of 
 
 board by successful bidder 10 15 
 
 Terminals 32 27 
 
 Tracks, 
 
 additional 32 26-28 
 
 of street railway, removal of 33 29 
 
 Trains 32 27 
 
 Tramways, 
 
 temporary 33 30 
 
 Transportation, see Corporations. 
 
 Treasurer of corporation 12 17 
 
 Trustees 
 
 not individually liable 21 21 
 
 Unknown owners, see Property. 
 
 Vacancies, see Board, Commissioners, Corpora 
 
 TIONS. 
 
 Votes 
 
 of board 
 
 on articles of association 11 15 
 
 on changes in amount of capital stock. . 20 20 
 
 in plans and specifications. . 14 18 
 
 on connections and extensions of route.. 32 26 
 
 to determine route and general plan of 
 
 construction ... 4 3 
 
 to fill vacancies in board 1 2 
 
 on modifications of contracts for con- 
 nections and extensions 32 29 
 
 to relieve from lien 34 36 
 
 of common council on plans and conclusions . . . 5 5 
 of directors on changes in plans and specifica- 
 tions 14 IS 
 
 on municipal construction, sec. 12 of am. of 1894 60 
 construction to be postponed to. 
 
 sec. 14 of am. of 1894 01 
 
 of stockholders on changes in amount of capital 
 
 stock 20 20 
 
 V< >I ( HERS 
 
 of board 37 39 
 
 of rapid transit commissioners 10 14 
 
 original, sec. 11 of 
 
 am. of 1894 . 59 
 
RAPID TRANSIT ACT OF 1891. 
 With Amendments. 
 
 Laws 1891, Chapter 4; as amended by Laws 1892, 
 chapter 102 ; and by Laws 1892, chapter 556 ; and 
 by Laws 1894, chapter 528 ; and by Laws 1894, 
 chapter 752, and by Laws 1895, ch. 519. 
 
 LAWS 1891, CHAP. 4. 
 
 ACT to provide for rapid transit railways in cities of over 
 one million inhabitants. 
 
 Approved by the Governor, January 3 r, 1891. Passed, three-fifths being present. 
 
 The People of the State of New York, represented in Senate 
 and Assembly, do enact as follows : 
 
 § 1. In each city having over one million of inhabitants, 
 according to the last preceding national or state census, there 
 shall be a board of rapid transit railroad commissioners in and 
 for such city, which shall consist of the mayor of such city, the 
 comptroller or other chief financial officer of such city, the 
 president of the chamber of commerce of the State of New 
 York, by virtue of his office, and the followed named persons, 
 
2 
 
 to wit : William Steinway, Seth Low, John Claflin, Alexan 
 der E. Orr and John H. Starin. The members of said board 
 shall be styled commissioners of rapid transit. Vacancies 
 which may take place in the offices so held by the persons 
 specifically named herein as such commissioners shall be filled 
 by a majority vote of the remaining members of said board. 
 The board thus constituted shall have and exercise the specific 
 authority and powers hereinafter conferred and also such other 
 and necessary powers as may be requisite to the efficient per- 
 formance of the duties imposed upon said board by this act. 
 {Laws 1 89 1, chap. 4, §1 ; as amended by L. 1894, chap. 752, £ 1.) 
 
 § 2. Each of the said commissioners other than the mayor 
 and comptroller or other chief financial officer of such city shall 
 take and subscribe an oath faithfully to perform the duties of 
 his office, which oath shall be filed in the office of the clerk of 
 any county within which there shall be a city of the class men- 
 tioned in the first section of this act. {Laws 1 89 1 , cJi. 4, ^ 2, as 
 amd by L. 1894, ch. 752, § 2.) 
 
 § 3. Within twenty days after the filing of the oaths of said 
 commissioners so required to make and file the same the com- 
 missioners of rapid transit in respect to each of such cities shall 
 meet and organize as a board. The board when so organized, 
 may frame and adopt by-laws not inconsistent with this act, 
 and establish suitable rules and regulations for the proper 
 exercise of the powers and duties hereby conferred and im 
 posed, and may, from time to time, amend the same. Four 
 members of the board shall constitute a quorum for the trans 
 action of business, but a less number may adjourn meetings. 
 The said board shall adopt a seal, and keep a record of its 
 proceedings, which shall be a public record and be open to 
 inspection at all reasonable times. {Laws 1891,^//. 4, § ^, as am d 
 
 by L. 1894, ck 752, § 3-) 
 
 § 4. The said board upon its own motion may proceed, 
 from time to time, to consider and determine whether it is for 
 the interest of the public and of the city in which it is ap 
 pointed, that a rapid transit railway or railways for the convey 
 ance and transportation of persons and property should be 
 established therein, and upon the request in writing of the 
 
3 
 
 local authorities of any such city at any time, the said board 
 shall proceed forthwith to consider and determine the same 
 questions, and in each case the said board shall conduct such 
 an inquest and investigation as may be deemed necessary in 
 the premises. If, after such consideration and inquest, the said 
 board shall determine that a rapid transit railway or railways, 
 in addition to any already existing, are necessary for the inter- 
 est of the public, and such city, it shall proceed to determine 
 and establish the route or routes thereof and the general plan 
 of construction. Such general plan shall show the general mode 
 of operation and contain such details as to manner of construc- 
 tion as may be necessary to show the extent to which any street, 
 avenue or other public place is to be encroached upon and the 
 property abutting thereon affected, and the concurrent votes of 
 at least ''six members of the board shall be necessary for the 
 purpose of determining and establishing such route or routes and 
 plan of construction. The said board, from time to time, may 
 locate the route or routes of such railway or railways over, under, 
 upon, through and across any streets, avenues and lands within 
 such city, including blocks between streets or avenues or, partly 
 over, under, upon, through and across any streets, avenues and 
 lands within such city and partly through blocks between streets 
 or avenues ; provided that the consent of the owners of one-half 
 in value of the property bounded on and the consent also of the 
 local authorities having control of that portion of a street or high- 
 way, uoon w hich it is proposed to construct or operate such rail- 
 way or railways be first obtained, or in case the consent of such 
 property owners can not be obtained, that the determination of 
 three commissioners appointed by the general term of the 
 supreme court in the district of the proposed construction, 
 given after due hearing of all parties interested, and confirmed 
 
 * It is enacted by section 10 of chapter 752 of the Laws of 1S94, that " when- 
 ever it is expressly provided in the act hereby amended that any act of the board 
 of rapid transit railroad commissioners shall be done by the concurrent vote of four 
 of the members of said board, the act hereby amended is further amended so as to 
 provide in such cases that such vote shall be that of six of such members." 'this 
 amendment operates upon the fourth, eleventh, fourteenth and twentieth sections 
 of the Rapid Transit Act of I So, I (chap. 4). 
 
4 
 
 by the court, that such railway or railways ought to be con- 
 structed or operated, be taken in lieu of the consent of such 
 property owners ; except that no public park nor any lands or 
 places, lawfully set apart for, or occupied by, any public build- 
 ing of any city or county, or of the state of New York, or of 
 the United States, nor those portions of Grand, Classon, Frank- 
 lin avenues and Downing street in the city of Brooklyn, lying 
 between the southerly line of Lexington avenue and northerly 
 line of Atlantic avenue, nor that portion of Classon avenue in 
 said city lying between the northerly line of Lexington avenue 
 and southerly line of Park avenue, nor that portion of Wash- 
 ington avenue in said city lying between Park and Atlantic 
 avenues, nor DeBevoise place, Irving place and Leffert's place, 
 Lee avenue, Nostrand avenue, Waverly avenue, Vanderbilt 
 avenue and Clinton avenue in said city of Brooklyn, nor that 
 portion of the city of Buffalo lying between Michigan and 
 Main streets, nor any part of Fifth avenue in the city of New 
 York, nor that portion of any street or avenue which is now 
 actually occupied by any elevated railroad structure, shall be 
 occupied by any corporation to be organized under the pro- 
 visions of this act for the purpose of constructing a railway in 
 or upon any of such public parks, lands or places, or upon or 
 along either of the said excepted streets or avenues. It shall 
 be lawful for said commissioners to locate the route of a rail- 
 way or railways, by tunnel under any such public parks, lands or 
 places, and to locate the route of any railway to be built, 
 under this act, across any of the streets and avenues now occu- 
 pied by an elevated railroad structure in the city of New York, 
 or across any of the streets or avenues excepted in this act at 
 any point at which, in its discretion, the board of rapid transit 
 railroad commissioners may deem necessary in the location of any 
 route or routes, or under, or under and along, any of said streets 
 or avenues now so occupied or so excepted in this act. Noth- 
 ing in this act shall authorize the construction of an elevated 
 railway on Broadway south of Thirty-third street, nor on Madi- 
 son avenue in the city of New York. It shall not be lawful to 
 grant, use or occupy, for the purposes of an elevated railroad, 
 except for the purpose of crossing the same, any portion of 
 
5 
 
 the following named streets and places in the city of New York, 
 that is to say: Second avenue below Twenty-third street; 
 Fourteenth street, between the easterly line or side of Seventh 
 avenue, and the westerly side of Fourth avenue ; nor Eleventh 
 street, west of Seventh avenue, nor any part of Bank street ; 
 Nassau street ; Printing House square, so called, south of 
 Franklin street ; Park row, south of Tryon row ; Broad street 
 and Wall street.* {Lazes 1891, ch. 4,^4, as avid by L. 1894, ch. 
 528, §1, and by L. 1894, ch. 752, § 10, and by L. 1895, ch. 519, 
 §1.). 
 
 § 5. After any determination by said board of any such 
 route or routes and of any general plan of construction of 
 said railway or railways, the said board shall transmit to the 
 common council of said city a copy of said plans and conclu- 
 sions as adopted. It shall be the duty of such common council 
 upon receiving such copy of plans and conclusions to appoint 
 a day not less than one week nor more than ten days after the 
 receipt thereof for the consideration of such plans and conclu- 
 sions, and the said common council shall, on the day so fixed, 
 proceed with the consideration thereof and may continue and 
 adjourn such consideration, from time to time, until a final 
 vote shall be taken thereon, as hereinafter provided. Within 
 four weeks after the copy of such plans and conclusions adopted 
 by the board of rapid transit lailroad commissioners shall have 
 first been received by said common council, a final vote shall 
 be tak^n thereon, by ayes and nays, in the form of a vote upon 
 a resolution to approve such plans and conclusions, and to con- 
 sent to the construction of a railway or railways in accordance 
 therewith. Upon the adoption of such a resolution by a ma- 
 jority vote of all the members of the common council and the 
 approval of the mayor, and in the case of the refusal or failure 
 of the mayor to approve such resolution, then by a two-thirds 
 vote of all the members of the common council, the said 
 plans and conclusions shall be deemed to have been finally 
 consented to and adopted, and such consent shall be deemed 
 
 * Other streets in the city of New York are exempted by the following statutes : 
 
 1. Laws 1S92, ch. 367. 
 
 2. Laws 18S8, ch. 256, as am'd by L. 1894, ch. 518. 
 
6 
 
 to be the consent of the local authorities of such city ; provided, 
 that where in any such city the exclusive control of any street, 
 road, highway or avenue which is to be used or occupied by 
 any railway or railways constructed under the provisions of 
 this act, is by law vested in any local authority other than the 
 common council of such city, the approval of the aforesaid 
 plans and conclusions and the consent to the construction of a 
 railway thereunder shall be given by such local authority in 
 place of and if required in addition to such approval and con- 
 sent by said common council and with like effect. Upon 
 obtaining the approval and consent of the local authori- 
 ties as . above provided, the said board of rapid transit 
 railroad commissioners shall also, unless such approval and 
 consent of local authorities shall have baen refused, 
 take the necessary steps to obtain, if possible, the said 
 consents of the property owners along the line of the said 
 route or routes. For the purposes of this act the value of 
 the property bounded on that portion of any street or highway 
 in, upon, over or under which it is proposed to construct or 
 operate such railway or railways, or any part thereof, shall be 
 ascertained and determined from the assessment-roll of the 
 city in which the said property is situated, confirmed or com- 
 pleted last before the local authorities shall have given their 
 consent as above provided. If such consents of property own- 
 ers can not be obtained, the said board may, in its own name, 
 make application to the general term of the supreme court in 
 the judicial district in which such railway is to be constructed 
 for the appointment of three commissioners to determine and 
 report after due hearing whether such railway ought to be con- 
 structed and operated. Two weeks' notice of such applica- 
 tion shall be given by daily publication thereof, Sundays and 
 holidays excepted, in six daily newspapers published in the 
 city where such proposed railway is to be constructed, if there 
 be so many newspapers published in said city, and if not, then 
 in all the daily newspapers published in said city. The news- 
 papers in w hich said publication shall be made shall be desig- 
 nated by the general term of the supreme court to which such 
 application is to be made on the application of the commission- 
 
7 
 
 ers without notice. The said general term, upon due proof of 
 the publication aforesaid, shall appoint three disinterested 
 persons who shall act as commissioners, and such commission- 
 ers within ten days after their appointment shall cause public- 
 notice to be given in the manner directed by the said general 
 term, of their first sitting, and may adjourn from time to time 
 until all their business is completed. Vacancies in such com- 
 mission may be filled by said general term after such notice 
 to persons interested as the general term may deem proper, 
 and the evidence taken before as well as after such vacancy 
 occurred shall be deemed to be properly before such commis- 
 sioners. The said commissioners shall determine after public 
 hearing of all parties interested whether such railroad ought to 
 be constructed and operated and shall report the evidence taken 
 to said general term, together with a report of their determina- 
 tion whether such road ought to be constructed and operated, 
 which report, if in favor of the construction and operation of 
 such road, shall, when confirmed by said court, be taken in lieu 
 of the consent of the property owners above mentioned. Such 
 report shall be made within sixty days after the appointment 
 of said commissioners, unless the said court, or a judge thereof, 
 shall extend such time. (Laws iSgi, c/i. 4, §5, as avid by L. 
 1895, ch. 519, §2.) 
 
 § 6. When the consents of the local authorities and the prop- 
 erty owners, or, in lieu thereof, the authorization of the said 
 general term of the supreme court upon the report of com- 
 missioners, shall have been obtained, the board of rapid transit 
 railroad commissioners shall at once proceed to prepare detailed 
 plans and specifications for the construction of such rapid 
 transit railway or railways in accordance with the general plan 
 of construction, including all devices and appurtenances 
 deemed by it necessary to secure the greatest efficiency, 
 public convenience and safety, including the number, loca- 
 tion and description of stations and plans and specifications 
 for suitable supports, turnouts, switches, sidings, connections, 
 landing places, buildings, platforms, stairways, elevators, tele- 
 graph and signal devices, and other suitable appliances inci- 
 dental and requisite to what the said board may approve as the 
 
s 
 
 best and most efficient system of rapid transit in view of the 
 public needs and requirements, and the said board may in its 
 discretion include in said plans, provisions for subways or 
 tunnels for sewer, gas or water pipes, electric wires and other 
 conductors proper to be placed under ground, whenever neces- 
 sary so to do, in order to permit of the proper construction of 
 any railway herein provided for in accordance with the 
 plans and specifications of the said board. Stations and station 
 approaches may be under or over streets of the route or cross- 
 streets. The board may from time to time, alter such detailed 
 plans and specifications, but always so that the same shall ac- 
 cord with the general plan of construction ; but whenever a 
 contract shall have been made for the construction of any rail- 
 way herein provided for, no such alteration shall be made by the 
 board without the consent of the contractor and his sureties, ex- 
 cept as liberty shall have been reserved in such contract by said 
 board for such alteration. Whenever the construction of any 
 railway, depressed way, subway or tunnel under the provisions 
 of this act shall interfere with, disturb or endanger any sewer, 
 water pipe, gas pipe, or other duly authorized sub-surface 
 structure, the work of construction at such points shall 
 be conducted in the city of New York in accordance with 
 the reasonable requirements of the commissioner of public 
 w r orks, and in other cities in accordance with the rea- 
 sonable requirements and under the supervision of the 
 officer or local authority having the care of, and the jurisdiction 
 or control over, such sub-surface structures so interfered with, 
 disturbed or endangered. All expenses incidental to such 
 supervision and to the work of reconstructing, readjusting and 
 supporting any such sewer, water pipe, gas pipe, or other duly 
 authorized sub-surface structure, shall be borne and paid by the 
 company which shall have acquired the right, privilege and 
 franchise to construct, maintain and operate such railway, pur- 
 suant to a sale of the same at public auction, as hereinafter 
 provided, if any such sale shall be made by said board. {Laws 
 1 891, di. 4, § 6, as amd by L. 1894, cJi. 752, § 4, and by L. 1895, 
 ch, 519, §3-) 
 
 § 7. If, after having secured the necessary consents and after 
 
having prepared such detailed plans and specifications as are 
 by this act provided for, it shall not have been determined by 
 vote of the people as provided by sections twelve and 
 thirteen of chapter seven hundred and fifty-two 
 of the laws of eighteen hundred and ninety-four 
 that such railway of railways shall be constructed for 
 and at the expense of such city as hereafter provided, 
 said board shall sell at public auction in the city 
 where said railway or railways are to be built and for the 
 account and benefit of said city the right, privilege and fran- 
 chise to construct, maintain and operate such railway or rail- 
 ways. Notice of the time and place of such sale shall be pub- 
 lished three times a week for at least six successive weeks in at 
 least three daily newspapers published in said city. The board 
 may prescribe all such terms and conditions of sale as it may 
 deem to be for the interest of the public and of the city in 
 which the railway or railways are to be constructed. The ad- 
 vertisement of sale shall contain only so much of the said terms, 
 plans and specifications for the construction as the said board 
 may think proper, but such advertisement must state at what 
 place the full terms, plans and specifications may be examined, 
 and they shall be subject to examination under such reason- 
 able rules and regulations as the board may prescribe. The 
 terms of sale shall provide for the construction of the rail- 
 way or railways under the supervision of the board, and for 
 the approval of an engineer or engineers to be appointed, from 
 time to time, by the board, and the corporation or corpora- 
 tions to be organized for the purpose of constructing and 
 operating such railway or railways as in this act provided shall 
 pay such engineer or engineers such salary as may, from time 
 to time, be fixed by the said board of rapid transit railroad 
 commissioners. Such engineer or engineers shall hold their 
 office at the pleasure of the said board. The terms of sale 
 shall require the successful bidder to deposit with the comp- 
 troller or chief fiscal officer of the city, in cash or approved 
 securities, such amount as the board may deem sufficient to 
 constitute a guarantee of full compliance with the terms of 
 sale by the purchaser and by the corporation to be formed for 
 
10 
 
 the purpose of building and operating said railway as herein- 
 after provided. Said bids and all rights which may have been 
 acquired thereunder shall become null and void and of no 
 effect, at the option of said board, should there be a failure to 
 organize a corporation to exercise such rights, privileges and 
 franchises as required by said terms of sale and this act, or for 
 any violation of any of the requirements of said terms of sale 
 which should be complied with before such corporation is 
 organized, and thereupon any deposit which may have been 
 made pursuant to such terms of sale shall be paid into the 
 treasury of such city upon a certificate being made and filed 
 by said board with the public officer with whom such deposit 
 shall have been made, that said bid, and all rights which may 
 have been acquired thereunder, have become null and void 
 and of no effect ; and said rights, privileges and franchises 
 shall be again sold by said board, subject to all the provisions 
 of this act regulating such sales. The terms of sale shall 
 require the construction of the road to be begun within a 
 time to be specified in said terms of sale, and to be finished 
 within a certain time thereafter, to be specified therein, and 
 may prescribe the time within which portions of the same shall 
 be begun and finished. The said terms of sale may reserve to 
 the board the power to extend the times for the commence- 
 ment and completion of the construction of said railway, or 
 of portions of the same, if, in its discretion, the said board 
 deem such extension to be for the best interests of the city. 
 In case the corporation formed for the purpose of constructing 
 said railway shall fail to begin or finish the construction within 
 the times for those purposes respectively limited, all rights, 
 privileges and franchises of such corporations to maintain and 
 operate said railway shall be forfeited, and upon such forfeiture 
 being adjudged by the court in a suit brought for that purpose 
 in the name of the mayor, aldermen and commonalty of the 
 city of New York, or such other appropriate corporate title of 
 said city or by said board of rapid transit railroad commis- 
 sioners, then the said board shall have power to advertise and 
 resell said rights, privileges and franchises and so much of the 
 road as shall have been constructed by such corporation ; such 
 
11 
 
 suits shall have preference over all other cases in all courts ; and 
 the proceeds of such resale shall be applied first to the pay- 
 ment of the expenses of the resale, and then to the discharge of 
 any liens which may have been created upon such property, 
 and the balance shall be paid over to the said corporation. The 
 terms of sale must provide for the organization by the pur- 
 chaser or purchasers of such rights, privileges and franchises of 
 a corporation to exercise the same, and to construct, maintain 
 and operate such rapid transit railway or railways, with the 
 powers and subject to the duties and liabilities granted or 
 imposed by this act. The said terms of sale must also specify 
 the amount of the capital of any such corporation, and number 
 of shares of capital stock which such corporation shall be 
 authorized to issue, the percentage to be paid in cash by the 
 subscribers on subscribing for such shares, the maximum 
 amount of the bonded indebtedness which such corporation be 
 authorized to incur, and which may be secured by mortgage 
 upon its property and franchises, and the rates of fares and 
 freights which such corporation may charge and collect for the 
 carriage of persons and property. But the rate of fare for any 
 passenger on said railway from any point on the same north- 
 ward or southward within the city of New York shall not ex- 
 ceed five cents under any provision of this act. The said 
 board may, if it considers that the public interest requires 
 it to do so, reject all bids and readvertise the said rights, 
 privileges and franchises for sale, with the same or dif- 
 ferent terms of sale, as often as it may deem necessary 
 in the interest of such city, and shall finally accept 
 that bid which, under all circumstances, in its opinion, is 
 most advantageous to the public and such city ; and no bid 
 shall be accepted without the concurrent vote of six members 
 of the board. The terms of sale on any such resale must 
 contain all the provisions required by this act to be inserted 
 in the original terms of sale. Such sale may be adjourned 
 from time to time at the discretion of the board. All sales 
 of such rights, privileges and franchises shall be made for a 
 definite term of years, but the expiration of the term, if sold 
 for a term of years, shall not impair any mortgage or other 
 
lien upon the property of such corporation or the rights of 
 any creditor or creditors of such corporation ; provided, how- 
 ever, that nothing herein contained shall be so construed as 
 to extend the term for which such rights, privileges and fran- 
 chises are sold. {Laws 1891, ch. 4, § 7, as amd by L. 1894, ch. 
 752, § 5, and by L. 1895, ch. 519, § 4.) 
 
 § 8. Within one year, and not less than six months, prior to 
 the expiration of any term for which such rights, privileges 
 and franchises shall have been sold, said board shall proceed to 
 resell the right to maintain and operate the said railway. 
 Such sale shall be made in the manner prescribed for the origi- 
 nal sale, and the board is empowered to make suitable pro- 
 visions for securing to the corporation then operating such 
 railway or railways suitable compensation for the railroad 
 structure and appurtenances, and for any other property, real 
 or personal, which the said corporation may own or of which 
 it may be vested at the expiration of the term for which such 
 rights, privileges and franchises were sold. Any corporation 
 theretofore organized under the provisions of this act may be a 
 purchaser on such resale ; but if no such corporation be the 
 purchaser, a new corporation shall be formed to maintain and 
 operate said road in the manner prescribed for the organiza- 
 tion of a corporation on the original sale, except that the plans 
 and specifications according to which said railway has been 
 constructed need not be set out at large, but may be referred 
 to as forming part of the articles of association of said new 
 corporation. {Laws 1891, ch. 4, § 8.) 
 
 § 9. The said board may rent such offices and employ such 
 engineers, attorneys and other persons, from time to time, as 
 it may, in its discretion, deem necessary to the proper perform- 
 ance by it of its duties as in this act prescribed. It may sue 
 in the name and behalf of the city for which it acts as a board. 
 It may in the name of and in behalf of the said city bring ac- 
 tion of specific performance or may apply by mandamus to 
 compel the performance within its city by any corporation or 
 person of any duty or obligation with reference to or arising 
 out of the construction or operation of any railroad under, or 
 by reason of, any grant made or right acquired under this act 
 
13 
 
 or the acts amendatory hereof or supplementary hereto, or out 
 of or by reason of any contract made or authorized by any 
 board of rapid transit commissioners within its city, or it may 
 in behalf of and in the name of said city bring actions to recover 
 damages for any violation of contract or duty, or for any wrong 
 committed by any such corporation or person by reason of any 
 non-performance or violation of duty under the provisions of 
 this act, or under any contract or stipulation made in pursuance 
 of any provisions of this act. Every action or proceeding 
 brought by the said board, and' every action or proceeding in 
 which an injunction is had or sought against the board or the 
 said city, or against any corporation or person who or which 
 shall have entered into a contract under the provisions of this 
 act, or any act supplementary hereto, or amendatory hereof, by 
 reason of any act or thing done, proposed or threatened under 
 or by virtue of any provision of this act, or any act supple- 
 mentary hereto, or amendatory hereof, or is sought against 
 any corporation or person claiming or claiming to act under 
 any grant or franchise under this act, or any act supplemen- 
 tary hereto, or amendatory hereof, and every action or pro 
 ceeding in which the constitutionality of any part of this act, 
 or of any act supplementary hereto, or amendatory hereof, shall 
 or may be brought in question, shall have a preference above 
 all causes not criminal on the calendar of every court, and may 
 be brought on for trial or argument upon notice of eight days 
 for any day of any term on which the court shall be in session. 
 {Laws 1S91, cJi. 4, £ 9, as anfd by L. 1894. cA. 752, 6, and by 
 L. 1895, c/i. 5 19, £ 5.) 
 
 10. The board of estimate and apportionment or other 
 board or public body on which is imposed the duty, and in 
 which is vested the power, of making appropriations of public 
 moneys for the purposes of the city government in any city in 
 which it is proposed to construct such railway or railways shall, 
 from time to time, on requisition duly made by the board of 
 rapid transit railroad commissioners, appropriate such sum or 
 sums of money as may be requisite and necessary to properly 
 enable it to do and perform, or cause to be done and performed, 
 the duties herein prescribed, and to provide for the com pen sa- 
 
14 
 
 tions of such commissioners, and such appropriation shall 
 be made forthwith upon presentation of a requisition from 
 the board of rapid transit railroad commissioners,which shall state 
 the purposes for which such moneys are required by the said 
 board. In case the said board of estimate and apportionment 
 or such other board or public body fail to appropriate such 
 amount as the board of rapid transit railroad commissioners 
 deem requisite and necessary, the said board of rapid transit 
 railroad commissioners may apply to the general term of the 
 supreme court, in the department in which the railway is to 
 be or has been constructed, on notice to the board of estimate 
 and apportionment, or such other board or public body afore- 
 said, to determine what amount shall be appropriated for the 
 purposes required by this section, and the decision of said 
 general term shall be final and conclusive ; and no city shall 
 be liable for any indebtedness incurred by the said board of 
 rapid transit railroad commissioners in excess of such appro- 
 priation or appropriations. It shall be the duty of the auditor 
 and comptroller of any such city, after such appropriations 
 shall have been duly made, to audit and pay the proper expen- 
 ditures and compensation of said commissioners upon vouchers 
 therefor, to be furnished by the said commissioners, which 
 payments shall be made in like manner as payments are now 
 made by the auditor, comptroller, or other public officers, of 
 claims against and demands upon such city ; and for the pur- 
 pose of providing funds with which to pay the said sums, 
 the comptroller or other chief financial officer of said city is 
 hereby authorized and directed to issue and sell revenue bonds 
 of such city in anticipation of receipt of taxes, and out of the 
 proceeds of such bonds to make the payments in this section 
 required to be made. The amount necessary to pay the prin- 
 cipal and interest of such bonds shall be included in the esti- 
 mates of moneys necessary to be raised by taxation to carry 
 on the business of said city, and shall be made a part of the 
 tax levy for the year next following the year in which such 
 appropriations are made. All expenses of the said board of 
 rapid transit railroad commissioners, including the compensation 
 of said commissioners, so incurred and paid by any city as in this 
 
15 
 
 section provided, and for w hich any city shall be liable, shall 
 be repaid, with interest, by the bidder or bidders at the public 
 sale of the rights, privileges and franchises, as in this act pro- 
 vided, in case said board shall so sell the same, whose bid shall 
 be accepted by the board of rapid transit railroad commission- 
 ers, and the terms of such sale shall specify the time when such 
 payment shall be made, as well as the amount thereof. The 
 commissioners, other than the mayor and comptroller or other 
 chief financial officer of such city, shall be paid a reasonable 
 compensation for the duties performed by them, from time to 
 time, under the provisions of this act. The amount of such 
 compensation shall be determined by the general term of the 
 supreme court in the department in which said city shall be 
 located upon application by said board after notice to the 
 mayor of such city. {La^s 1891, ck. 4, ^ 10, as am d by L. 1894, 
 ch. 752, § 7.) 
 
 ^ 11. A corporation or corporations to construct and operate 
 such rapid transit railway or railways, and to enjoy and exercise 
 the rights, privileges and franchises in this act provided for 
 shall be created and organized in the manner following: Arti- 
 cles of association shall be duly signed and acknowledged by 
 not less than twenty-five persons, and such articles shall set 
 forth the name of the proposed corporation and duration 
 thereof. Said articles must also state that they are made and 
 filed under and in pursuance of this act for the purpose of taking 
 and exercising the rights, privileges and franchises so purchased 
 as aforesaid, according to the terms of sale ; and such terms of 
 sale and all plans and specifications must be made a part of said 
 articles, annexed thereto and filed therewith. The said articles 
 must also contain such other provisions as the said board may 
 deem requisite and necessary, not inconsistent with the terms 
 of sale or with this act. The said articles must be approved by 
 said board, by the concurrent vote of six members, and its ap- 
 proval must be endorsed thereon and attested by the seal of the 
 board and the signature of its presiding officer, and must then 
 be filed in the office of the secretary of state, and a duly cer- 
 tified copy, or a duplicate thereof, must be filed in the office of 
 the clerk of the county in which such railway or railways are to 
 
L6 
 
 be constructed. Immediately after the articles of association 
 shall have been so made, approved and filed, the board of rapid 
 transit raihoad commissioners shall cause books of subscription 
 to the capital stock of any such corporation to be opened, and 
 shall give public notice of the opening of such books and of 
 the time and place at which subscriptions will be received ; and 
 when the full amount of such capital stock shall have been 
 subscribed by not less than fifty persons, and such percentage 
 of the amount subscribed as may have been fixed by the board 
 in the terms of sale shall have been paid in, in cash, to such 
 bank or trust company as the board may select, the' said board 
 shall call a meeting of the subscribers for the purpose of organ- 
 izing the corporation, serving upon or mailing to each subscriber 
 a notice of such meeting at least ten days before the time 
 appointed for holding the same ; and the person or persons 
 whose bid shall have been accepted by the said board of rapid 
 transit railroad commissioners shall, if they elect to become 
 subscribers to the capital stock of such corporation, be entitled 
 to a preference for themselves and their associates in subscribing 
 for, and in the allotment of the shares of capital stock of such 
 corporation. {Laws 1891, ch. 4, § Ir > as avid by L. 1894, ch. 
 752, § 10.) 
 
 § 12. At such meeting of subscribers thirteen directors of 
 the corporation shall be elected, each of whom shall be a holder 
 in his own right of at least one hundred shares of the capital 
 stock of the corporation, and the board of rapid transit rail- 
 road commissioners shall appoint the inspectors of the first 
 election. Each share of stock shall entitle the holder to one 
 vote for each director. The directors so selected shall hold 
 office for one year and until others are elected in their places. 
 At such meeting by-laws must be adopted not inconsistent with 
 this act, which by-laws shall, among other things, provide for : 
 
 [. The term of office of the directors elected at any subse- 
 quent meeting of stockholders, which term shall not exceed 
 one year. 
 
 2. The manner of filling any -vacancy which may occur in 
 any office or in the board of directors. 
 
 3. The time and place of the annual meeting of stockholders. 
 
17 
 
 4. The manner of calling and holding special meetings of 
 stockholders. 
 
 5. The number of stockholders who shall attend either in 
 person or by proxy, at any stockholders' meeting in order to 
 constitute a quorum. 
 
 6. The officers of the corporation, the manner of their elec- 
 tion by the directors, and their duties and powers, and among 
 which officers there shall be included a president, a secretary 
 and a treasurer. 
 
 7. The manner of electing or appointing inspectors of 
 election. 
 
 8. The manner of amending the by-laws. 
 
 The by-laws may also provide for the forfeiture of shares for 
 the non payment of calls and for such other matters as may be 
 deemed proper by the board of rapid transit railroad commiv 
 sioners and they must be approved by a resolution of said 
 board. (Lazes 1891, ch. 4, § 12.) 
 
 £ 13. Within ten days after the said subscribers' meeting a 
 record of the proceedings thereof, containing a copy of the 
 subscription list, a copy of the by-laws adopted, and the names 
 of the directors chosen, shall be prepared and duly certified 
 by the person presiding over, and person acting as secretary of 
 said meeting. There shall be attached thereto a certificate of 
 the board of rapid transit railroad commissioners, attested by 
 its seal and the signature of its presiding officer, that said board 
 has approved the by-laws adopted at the subscribers' meeting, 
 and that said corporation has been organized in accordance 
 with the provisions of this act. The said record and certificate 
 shall be filed by said board in the office of the secretary of state, 
 and a duly certified copy or duplicate thereof shall be filed in 
 the office of the clerk of the county in which said railway or 
 railways are to be built, and thereupon and upon the payment 
 to the state treasure*" of a tax of one-eighth of one per centum 
 of the par value of the capital stock of said corporation, such 
 corporation shall be deemed to be fully organized. A copy of 
 said certificate, duly certified by the secretary of state, or by 
 the county clerk in whose office it is filed, shall be presumptive 
 evidence of the due organization of such corporation in all courts 
 
18 
 
 and proceedings. Upon the production of the certified copy 
 of said certificate, and upon the order of such corporation, the 
 bank or trust company in which the percentage of subscriptions 
 to the capital stock shall have been deposited, shall pay over to 
 any such corporation the amount of such deposit, and said cor- 
 poration shall repay to the purchaser or purchasers at the sale 
 provided for in section seven of this act, the expenses paid by 
 him or them to the city pursuant to the provisions of the terms 
 of sale, with interest to the date of such re-payment. {Laws 
 1891, ch. 4, § 13.) 
 
 § 14. The said board of rapid transit railroad commissioners, 
 if, in their judgment, the public interest requires, may, at any 
 time after the full organization of any such corporation, by the 
 concurrent vote of six members, authorize such corporation 
 to alter or add to the detailed plans and specifications con- 
 tained in its articles of association, provided the plans and 
 specifications as so modified do not change the route or routes 
 of said railway and be not inconsistent with the general plan 
 of construction adopted under the provisions of section four 
 of this act, and provided also such modifications be first ap- 
 proved by a vote of two-thirds of the directors of said corpora- 
 tion present and voting at any special meeting duly called for 
 the purpose, by written notice stating the nature of the busi- 
 ness to be transacted at said meeting. When such authoriza- 
 tion by the board of rapid transit railroad commissioners shall 
 have been given, a certificate shall be prepared, and acknowl- 
 edged by the president and a majority of the directors of said 
 corporation, stating the nature of the modification, and that 
 the same has been approved by the board of directors in the 
 manner above set forth, to which certificate there shall be 
 attached a copy of so much of the original plans and specifica- 
 tions as are to be affected by the modification, and also the 
 plans and specifications as modified. There shall also be con- 
 tained in such certificate a declaration of the approval of said 
 board of rapid transit railroad commissioners, attested in the 
 same manner as the certificate of full organization. The said 
 certificate, plans and specifications shall then be filed in the 
 office of the secretary of state, and a certified copy or duplicate 
 
L9 
 
 thereof shall be filed in the office of the clerk in which the 
 articles of association are filed. And thereupon said corpora- 
 tion shall be authorized to construct its railway or railways 
 and appurtenances in accordance with such modified plans and 
 specifications. {Laws 1891, ch. 4, § 14, as avid by L. 1894, ch. 
 752, § 10.) 
 
 § 15. Every corporation organized under this act shall have 
 its principal office and be taxed on its property in the city 
 where its railway or railways are situated. But no taxes of any 
 kind or nature shall be levied or imposed upon that portion of 
 any railway constructed under this act which is in process of 
 construction, and not in actual operation for the transportation 
 of passengers or freight, but this exemption from taxation 
 during construction shall not apply to any portion or portions 
 of said railway after the date on which said portion or portions 
 shall have been opened to the public for the transportation of 
 passengers or freight. (Lazes 1891, ch. 4, £ 15, as atrid by L. 
 1892, ch. 556, § 3.) 
 
 § 16. The affairs of said corporation shall be managed by a 
 board of thirteen directors, who shall be chosen annually, by a 
 majority of the votes of the stockholders voting at such elec- 
 tion, in such manner as may be prescribed in the by-laws of the 
 corporation, and they may and shall continue to be directors 
 until others are elected in their places. In the election of 
 directors, each stockholder shall be entitled to one vote for each 
 share of stock held by him. Vacancies in the board of directors 
 shall be filled in such manner as shall be prescribed by the - by- 
 laws of the corporation. No person shall be a director unless 
 he shall be a stockholder owning one hundred shares of stock 
 absolutely in his own right, and qualified to vote for directors 
 at the election at which he shall be chosen. At every election 
 of directors the books and papers of such corporation shall be 
 exhibited to the meeting, provided a majority of the stock- 
 holders present shall require it. {Laws 1S91, ch. 4 § 16.) 
 
 § 17. The directors shall require the subscribers to the capital 
 stock of the company to pay the amount by them respectively 
 subscribed in money at such times and in such instalments as 
 they may deem proper, not inconsistent with the by-laws and 
 the articles of association. {Lazes 1891, ch. 4 ^ 17.) 
 
20 
 
 § 1 8. Each stockholder of any corporation formed under 
 this act shall be individually liable to the creditors of such cor- 
 poration, to an amount equal to the amount unpaid on the 
 stock held by him, for all the debts and liabilities of such cor- 
 poration, until the whole amount of the capital stock so held 
 by him shall have been paid to the corporation ; and all the 
 stockholders of any such corporation shall be jointly and sev- 
 erally liable for the debts due or owing to any of its laborers 
 and servants, other than contractors, for personal services, for 
 thirty days' service performed for such corporation, but shall 
 not be liable to an action therefor before an execution or exe- 
 cutions .shall be returned unsatisfied in whole or in part against 
 the corporation, and the amount due on such execution or 
 executions shall be the amount recoverable, with costs, against 
 such stockholders ; before such laborer or servant shall charge 
 such stockholder for such thirty days' service, he shall give him 
 notice in writing within twenty days after the performance of 
 such service, that he intends so to hold him liable, and he shall 
 commence such action therefor within thirty days after the 
 return of such execution unsatisfied, as above mentioned ; and 
 every such stockholder against whom any such recovery by 
 such laborer or servant shall have been had, shall have a right 
 to recover the same of the other stockholders in said corpora- 
 tion, in ratable proportion to the amount of the stock they 
 shall respectively hold. {Laws 1891, ch. 4 £ 18.) 
 
 § 19. The stock of every corporation formed under this act 
 shall be deemed personal estate, and shall be transferable in the 
 manner prescribed by the by-laws of the company, but no share 
 shall be transferable until all previous calls thereon shall have 
 been fully paid in. (Laws 1 891 , ch. 4 § 19.) 
 
 § 20. Any corporation formed under this act may increase 
 or reduce its capital stock from time to time upon obtaining 
 the approval of the board of rapid transit railroad commis- 
 sioners by a concurrent vote of six members thereof. Such 
 increase or reduction must be approved by a vote in person, or 
 by proxy, of two-thirds in amount of all the stockholders of the 
 corporation, at a meeting of such stockholders called by the 
 directors of the corporation for that purpose, by a notice in 
 
21 
 
 writing to each stockholder, to be served on him in the manner 
 provided for service of the notice of the subscribers' meetings 
 provided for in section eleven of this act. Such notice shall 
 state the time and place of the meeting, and its object, and the 
 amount to which it is proposed to increase or reduce the capital 
 stock. A statement of the increase or reduction shall be signed 
 by the president and a majority of the directors and shall be 
 filed in the office of the secretary of state and of the clerk of 
 the county in which the original articles of association are filed. 
 There must be attached thereto a certificate of the approval 
 of said board of rapid transit railroad commissioners attested 
 in the same manner as the certificate of full organization. 
 {Laws 1 891, ch. 4 § 20, as amd by L. 1894, ch. 752 § 10.) 
 
 ^ 21. No person holding stock in any such corporation, as 
 executor, administrator, guardian or trustee, and no person 
 holding such stock as collateral security, shall be personally 
 subject to any liability as a stockholder of such corporation ; 
 but the person pledging such stock shall be considered as hold- 
 ing the same; and shall be liable as a stockholder accordingly ; 
 and the estate and funds in the hands of such executor, admin- 
 istrator, guardian or trustee shall be liable in like manner, and 
 to the same extent, as the testator of intestate or the ward or 
 person interested in such trust fund would have been if he had 
 been living and competent to act, and held the same stock in 
 his own name. {Laws 1891, ch. 4 § 21.) 
 
 ^ 22. As often as any contractor for the construction of 
 any part of a railway, which is in progress of construction 
 under the provisions of this act, shall be indebted to any 
 laborer for thirty or any less number of days' labor per- 
 formed in constructing said road, such laborer may give 
 notice of such indebtedness to said corporation in the manner 
 herein provided ; and said corporation shall thereupon become 
 liable to pay such laborer the amount so due him for such 
 labor, and an action may be maintained against said corpora- 
 tion therefor. Such notice shall be given by said laborer to 
 said corporation within twenty days after the performance of 
 the number of days' labor for w hich the claim is made. Such 
 notice shall be in writing, and shall state the amount and 
 
22 
 
 number of days' labor, and the time when the same was per- 
 formed and the name of the contractor from whom due, and 
 shall be signed by such laborer or his attorney, and shall be 
 served on an engineer, agent or superintendent employed by 
 such corporation having charge of the section of the road on 
 which such labor was performed personally, or by leaving the 
 same at the office or usual place of business of such engineer, 
 agent or superintendent with some person of suitable age. 
 But no action shall be maintained against any corporation 
 under the provisions of this section, unless the same be com- 
 menced within thirty days after notice is given to such com- 
 pany by such laborer as above provided. (Laws 1 891 , ch. 4 
 
 § 22.) 
 
 § 23. Every such corporation shall have the right to ac- 
 quire and hold such real estate or easement or other interest 
 therein, or rights appertaining thereto, as may be necessary to 
 enable it to construct, maintain and operate the said railway 
 or railways, and such as may be necessary for stations, depots, 
 engine-house, car-houses, machine-shops, and other appurte- 
 nances specified in the articles of association ; and in case any 
 such corporation can not agree with the owner or owners of 
 such property it shall have the right to acquire title to the 
 same in pursuance of the terms of and in the manner pre- 
 scribed in title one of chapter twenty-three of the Code of 
 Civil Procedure, known as the condemnation law. (Laws 1891, 
 ch. 4, § 23.) 
 
 § 24. Every corporation formed under this act shall have 
 power : 
 
 1. To take and hold such voluntary grants of real estate 
 and other property as shall be made to it, to aid in the con- 
 struction, maintenance and accommodation of its railway or 
 railways, but the real estate received by voluntary grant shall 
 be held and used for the purposes of such grant only. 
 
 2. To purchase, lease, hold and use all such real estate and 
 other property as may be necessary for the construction and 
 maintenance of its railway or railways, and the stations or 
 other accommodations necessary to accomplish the objects of 
 its incorporation ; but nothing herein contained shall be held as 
 
23 
 
 repealing* or in any way affecting the act, entitled M An act 
 authorizing the construction of railroads upon Indian lands," 
 passed May twelve, eighteen hundred and thirty-six. 
 
 3. To cross, intersect, join and unite its railway or rail- 
 ways with any other railway at any point on its route 
 and upon the grounds of such other railway company, 
 with the necessary turnouts, sidings and switches and other 
 conveniences in furtherance of the objects of its connec- 
 tions. And every corporation whose railway is or shall be 
 hereafter intersected by any new railway, shall unite with the 
 owners of such new railway in forming such intersections and 
 connections, and grant the facilities aforesaid ; and if the two 
 corporations can not agree upon the amount of compensation 
 to be made therefor, the same shall be ascertained and deter- 
 mined by commissioners to be appointed by the court, in the 
 manner provided in this act in respect to acquiring title to real 
 estate. And if the two corporations can not agree upon the 
 points and manner of such crossings and connections, the 
 board of rapid transit railroad commissioners shall determine 
 the same on the application of either corporation. 
 
 4. To take and convey persons and property on its railway 
 or railways by the power or force of steam, or by any motor 
 other than animal power, and to receive compensation therefor 
 not inconsistent with the provisions of this act, and the terms 
 of sale under which the said corporation shall have acquired 
 its right b, privileges and franchises. 
 
 5. To enter upon and underneath the several streets, ave- 
 nues, public places and land designated by the said board of 
 rapid transit railroad commissioners, and enter -into and upon 
 the soil of the same ; to construct, maintain, operate and use, 
 in accordance with the plan adopted by said board, a railway 
 or railways upon the route or routes and to the points decided 
 upon, and to secure the necessary foundations and erect the 
 columns, piers and other structures which may be required to 
 secure safety and stability in the construction and maintenance 
 of the railways constructed upon the plan adopted by the said 
 board, and which maybe necessary for operating the same; 
 except that nothing in this act shall authorize the construction 
 
24 
 
 of a railway crossing the track of any steam railway in actual 
 operation at the grade thereof, and it shall be lawful to make 
 such excavations and openings along the route through which 
 such railway or railways shall be constructed as shall be neces- 
 sary from time to time ; in all cases the surface of said streets 
 around such foundations, piers and columns shall be restored 
 to the condition in which they were before such excavations 
 were made, as near as may be, and under the direction of the 
 proper local authorities; and in all cases the use of the streets, 
 avenues, places and lands designated by the said board, and 
 the right of way through the same, for the purpose of a rail- 
 way or railways, as herein authorized and provided, shall be 
 considered, and is hereby declared, to be a public use, consistent 
 with the uses for which the roads, streets, avenues and public 
 places are publicly held ; but no such corporation shall have 
 the right to acquire the use or occupancy of public parks or 
 squares in such county, or the use or occupancy of any of the 
 streets or avenues, except such as may have been designated 
 for the route or routes of such railway, and except such tem- 
 porary privileges as the proper authorities may grant to such 
 corporations to facilitate such construction. 
 
 6. From time to time to borrow such sums of money as 
 may be necessary for completing and finishing or operating 
 their railroad, and to issue and dispose of their bonds for such 
 purposes ; but the amount of such bonds outstanding at any 
 one time shall not exceed the amount limited by the articles 
 of association. {Laws 1891, ch. 4, § 24, as airid by L. 1892, 
 ch. 556, §4.) 
 
 § 25. Every conductor, baggage master, engineer, brake- 
 man or other servant of any railroad corporation employed in 
 a passenger train, or at stations for passengers, shall wear upon 
 his hat or cap a badg^, which shall indicate his office, and the 
 initial letter of the style of the corporation by which he is 
 employed. No conductor or collector, without such badge, 
 shall be entitled to demand or receive from any passenger any 
 fare or ticket, or to exercise any 'of the powers of his office ; 
 and no officer or servant without such badge shall have 
 authority to meddle or interfere with any passenger, his 
 baggage or property. {Laws 1 891, ch. 4, § 25.) 
 
25 
 
 § 26. Any corporation or person operating a railroad 
 under any provision of this act or of any act supplementary 
 hereto or amendatory hereof shall, when applied to by the 
 postmaster-general, convey the mails of the United States on 
 their road or roads respectively ; and in case the parties cannot 
 agree as to the rate of transportation therefor, and as to the 
 time, rate of speed, manner and conditions of carrying the 
 same, it shall be lawful for the governor of this state to ap- 
 point three commissioners, who, or a majority of them, after 
 fifteen days' notice in writing of the time and place of meeting 
 to the corporation, shall determine and fix the prices, terms 
 and conditions aforesaid ; but such price shall not be less for 
 carrying said mails in the regular passenger trains than the 
 amount which such corporation would receive as freight on a 
 like weight of merchandise transported in their merchandise 
 trains, and a fair compensation for the post-office car. And in 
 case the postmaster-general shall require the mail to be carried 
 at other hours, or at a higher speed than the passenger trains 
 are run, the corporation shall furnish an extra train for the mail 
 and be allowed an extra compensation for the expenses and 
 wear and tear thereof, and for the service to be fixed as afore- 
 said. (Laws 1 891 , cli. 4, § 26, as avidly L. 1895, ch. 519, £ 6.) 
 
 § 27. If any passenger shall refuse to pay his fare, it shall 
 be lawful for the conductor of the train and the servants of the 
 corporation to put him and his baggage out of the cars, using 
 no unnecessary force, at any usual stopping place, on stopping 
 the train. (Lazes 1 891 , di. 4, £ 27.) 
 
 ^ 28. Every such corporation shall start and run its cars for 
 the transportation of passengers and property at regular times, 
 to be fixed by public notice ; and shall furnish sufficient ac- 
 commodations for the transportation of all such passengers 
 and property as shall, within a reasonable time previous there- 
 to, be offered for transportation at the place of starting and 
 the junction of other railroads, and at usual stopping places 
 established for receiving and discharging way passengers and 
 freight for that train ; and shall take, transport and discharge 
 such passengers and property at, from and to such places, on 
 the due payment of the freight or fare legally authorized there- 
 
26 
 
 for ; and shall be liable to the party aggrieved in an action for 
 damages, for any neglect or refusal in the premises. {Laws 
 1 89 1, ch. 4, § 28.) 
 
 § 29. If any person shall, while in charge of a locomotive 
 engine running upon the railway of any such corporation, or 
 while acting as the conductor of a car or train of cars on any 
 such railroad, be intoxicated, he shall be deemed guilty of a 
 misdemeanor. {Laws 1 891 , ch. 4, § 29.) 
 
 § 30. If any person or persons shall wilfully do, or cause 
 to be done, any act or acts whatever, whereby any building, 
 construction or work of or on any part of any railroad either 
 constructed or operated under any provision of this act or of 
 any act supplementary hereto or amendatory hereof, or 
 under any provision of any contract made under this act 
 or any act supplementary hereto or amendatory hereof, 
 or any engine, machine or structure, or any matter or thing 
 appertaining to the same, shall be stopped, obstructed, im- 
 paired, weakened, injured or destroyed, the person or persons 
 so offending shall be guilty of a misdemeanor, and shall forfeit 
 and pay to the owner of such building, construction, works, 
 engine, machine, structure, matter or thing treble the amount 
 of damages sustained in consequence of such offence. {Laws 
 1 89 1, ch. 4, § 30, as auid by L. 1895, ch. 519, § 7.) 
 
 § 31. The legislature may, at any time, annul or dissolve 
 any corporation formed under this act ; but such dissolution 
 shall not take away or impair any remedy given against any 
 such corporation, its stockholders or officers, for any liability 
 which shall have been previously incurred. {Laws 1891, ch. 4, 
 
 § 3I-) 
 
 § 32. The said board of rapid transit railroad commissioners 
 may also from time to time, upon application of any railway 
 corporation owning or actually operating a railroad wholly or 
 in part within the limits of the city in which the said board 
 has power to act, if in the judgment of said board the public 
 interests so demand, by the concurrent vote of six of the 
 members of said board fix and determine the route or routes by 
 which any such railway company may connect with other 
 steam railways, or the stations thereof, or with steam ferries, 
 
B7 
 
 or may extend its lines within said city, and may authorize any 
 such railway company to lay an additional track or tracks on, 
 above, under or contiguous to a portion or the whole of the 
 route or routes of its railway or railways within said city and 
 to acquire terminal or other facilities necessary for the accom- 
 modation of the traveling public on any street or place except 
 the place now known as Battery park on which said railway 
 shall be located ; and may also authorize any such railway com- 
 pany to lay its tracks and operate its railway to any terminal or 
 terminals within the said city, and to transport over the same 
 passengers or freight or both, and to run over the same either 
 passenger trains or freight trains or mixed trains ; and the said 
 board shall fix and determine the locations and plans of con- 
 struction of the railways upon such route or routes and of such 
 tracks and facilities, the times within which they shall be respect- 
 ively constructed, the compensation to be made therefor to the 
 city by said railway company, and such other terms, conditions 
 and requirements as to the said board may appear just and 
 proper, — provided, however, that every such determination, au- 
 thorization and license shall be made upon the condition that 
 such corporation shall, from the time of the commencement of 
 the operation of any such railway or track or tracks under such 
 determination, authorization or license, annually pay to the 
 said city a sum or rental, and that the amount of such sum 
 or rental for a period of not more than thirty-five years, be- 
 ginning with such operation of any such railway track or tracks, 
 shall be prescribed by the said board in such determination, 
 authorization or license, and that every such determination, 
 authorization and license shall provide for the readjustment 
 of the amount of such sum or rental at the expiration of the 
 period for which the same shall be so prescribed and for read- 
 justment from time to time in the future of the amount of such 
 annual payment at intervals each of not more than thirty-five 
 years. A certificate shall be prepared by the said board, 
 attested by its seal and the signature of its presiding officer, 
 setting forth in detail the action taken by the said board with 
 respect to such connecting or extended route or routes and 
 such tracks and facilities, and the terms, conditions and require- 
 
28 
 
 ment aforesaid, including provisions as to the said annual pay- 
 ments and the future readjustments thereof. Alike certificate 
 shall be prepared in like manner upon every modification of the 
 terms of the contract as hereinafter provided. Each such certifi- 
 cate shall prescribe the terms and conditions of the readjust- 
 ments of such annual payments and may provide for the deter- 
 mination of such amount upon such readjustments by arbitration 
 or by the Supreme Court. Such certificate shall be delivered to 
 said railway corporation upon the receipt by said board of a writ- 
 ten acceptance of said terms, conditions and requirements, duly 
 executed by said railway corporation, so as to entitle it to be 
 recorded. The said certificate shall be filed in the office 
 of the secretary of state, and a duly certified copy thereof 
 shall be filed in the office of the clerk of the county 
 in which the said city is situated, and thereupon, and upon fulfil- 
 ment by such railway corporation, so far as it relates to 
 such connections, additional track or tracks, or facilities, 
 of such of the requirements and conditions as are necessary to 
 be fulfilled in such cases, under section eighteen of article three 
 of the constitution of this state, and upon fulfilment by such 
 railway corporation of such other terms, conditions and require- 
 ments enumerated in said certificate, as the said board may 
 require to be fulfilled as a condition precedent to commencing 
 said work, said railway company shall in such cases possess in 
 addition to existing franchises all the powers conferred by this 
 act upon corporations specially formed thereunder, with respect 
 to its railways authorized to be constructed as aforesaid, and 
 when any route or routes, additional track or tracks, or ter- 
 minal or other facilities, shall be so fixed and determined, and a 
 certificate as aforesaid shall have been duly filed, such railway 
 company may construct the same with all the rights, and with 
 like effect as though the same had been a part of the original 
 route of its railway then in actual operation. The certificate 
 or certificates prepared by the board of rapid transit railroad 
 commissioners as aforesaid when delivered to and accepted by 
 such railway corporation, shall be deemed to constitute a con- 
 tract between the said city and said railway company according 
 to the terms of the said certificate ; and such contract shall be 
 
enforceable by the said board acting in the name of and in behalf 
 of the said city or by the said company according to the terms 
 thereof, but subject to the provisions of this act. The terms of 
 such contract may from time to time, with the consent of such 
 company, be modified by the board of rapid transit railroad 
 commissioners by the vote of six of its members. But the con- 
 struction and operation of such connections, extensions, addi- 
 tional track or tracks, or facilities, are hereby authorized only 
 upon the condition that the consent of the owners of one-half 
 in value of the property bounded on, and the consent also of 
 the local authorities having the control of that portion of a 
 street or highway upon, above or under which it is proposed 
 to construct or operate the same, be first obtained, or in case 
 the consent of such property owners cannot be obtained, the 
 general term of the supreme court in the district in which they 
 are proposed to be constructed, may, upon application, in the 
 same manner and on the same notice specified in section five 
 of this act, appoint three commissioners, who shall determine 
 after a hearing of all parties interested, whether the same ought 
 to be constructed or operated, and their determination, con- 
 firmed by the court, may be taken in lieu of the consent of the 
 property owner. {Laws 1891, ck. 4, £ 32, as atn d by L. 1895, 
 cli. 519, § 8. ) 
 
 j< 33. Wherever or whenever the route selected by the said 
 board of rapid transit railroad commissioners for the construc- 
 tion of such railway shall intersect, cross or coincide with any 
 railway track or tracks occupying the surface of any street or 
 avenues, or the construction or operation of said railway shall 
 interfere with any pipes, sewers, subways, or underground con- 
 duits or ways, any corporation organized under this act, or any 
 contractor or person constructing any railway or part of a rail- 
 way under any contract made with the board of rapid transit 
 railroad commissioners, is hereby authorized, for the purpose of 
 constructing the said work, to remove the track or tracks of 
 any such surface railway or railways, or any such pipes, sewers, 
 subways, or underground conduits or ways, but the same shall be 
 done in such manner as to interfere as little as possible with 
 the practical operation or workings of such surface railway or 
 
3u 
 
 railways, or the works or business of the owners of any such 
 pipes, sewers, subways, or underground conduits or ways, and 
 upon the construction of such railway built under and in con- 
 formity with the provisions of this act, where such removals or 
 changes have been made, said track or tracks, pipes, sewers, 
 subways or underground conduits or ways shall be re- 
 stored, as nearly as may be, to the condition in which they were 
 previous to the construction of any such railway built under the 
 provisions of this act, and any damages which such company 
 or companies or owners may sustain, shall be ascertained 
 by a commission to be appointed the same as in the case where 
 lands are taken for the purpose of a railway route or routes as 
 hereinbefore provided in this act. For the purpose of the con- 
 struction or operation of any railway under the provisions of 
 this act, the board of rapid transit railroad commissioners 
 may remove or cause to be removed, any pipes, sewers, subways 
 or underground conduits or ways underneath any street, high- 
 way, park, or public place, provided, however, that the same 
 shall be replaced as soon as practicable, either in the same posi- 
 tion as before or in a secure and convenient position underneath 
 such street, highway, or public place. All such removals and re- 
 storations shall be made at the proper cost and charge of such 
 corporation, contractor, or person as may have made such re- 
 movals, but subject to the provisions of its, his, or their contract, 
 if any, with the board of rapid transit railroad commis- 
 sioners. Nothing contained in this act shall authorize any 
 corporation formed thereunder to use the tracks of any 
 horse railway. For the purpose of facilitating construction, and 
 to diminish the period of occupancy of any street for the trans 
 portation of material, any contractor acting under a contract 
 made in pursuance of this act, or of any act supplementary 
 hereto or amendatory hereof, may with the approval of the 
 board of rapid transit railroad commissioners lay upon or over 
 the surface of any street, temporary tramways to be used only 
 for the removal of excavated materials or the transportation of 
 material for use in the construction. Provided, however, that 
 any such tramway shall be forthwith removed upon the direc- 
 tion of the board of rapid transit railroad commissioners ; and 
 
81 
 
 provided further, that this provision shall not be construed to 
 authorize the construction or operation of any street railroad, 
 or to grant to any corporation, association or individual the 
 right to lay down railroad tracks. {Laws 1891, ch. 4, ^ 33, as 
 amdby L. 1895, cJi. 519, § 9.) 
 
 § 34. In case the people shall determine by vote, as 
 provided in sections twelve and thirteen of chapter 
 seven hundred and fifty-two of the laws of eighteen 
 hundred and ninety-four, that any such railway or railways 
 shall be constructed for and at the expense of such city, 
 then and in that event it shall be the duty of said board 
 to consider the routes, plans and specifications, if any, 
 previously laid out and adopted by them or their predeces- 
 sors, and for which the consents have been obtained referred 
 to in section five of this act ; and either to proceed with 
 the construction of such railway or railways, and provide 
 for the operation of the same, as hereinafter provided, 
 or to change and modify the said routes, plans or speci- 
 fications in such particulars as to said board may seem to be 
 desirable, or to adopt other or different routes, plans and 
 specifications for such railway or railways, provided, always 
 that in all cases in which any such change or modification shall 
 be of such a character as to require the consents thereto 
 referred to in section five of this act, and in all cases where 
 other or different routes or general plans may have been so 
 adopted the said board shall proceed to secure the consents 
 required to be obtained by section five of this act as therein 
 set forth. As soon as such consents, where necessary, shall 
 have been obtained, and the detailed plans and specifications 
 have been prepared as provided in section six of tiiis act, the 
 said board, for and in behalf of said city, shall enter into a 
 contract with any person, firm or corporation, which in the 
 opinion of said board shall be best qualified to fulfil and carry 
 out said contract, for the construction of such road or roads, 
 upon the routes and in accordance with the plans and speci- 
 fications so adopted, for such sum or sums of money, to be 
 raised and paid out of the treasury of said city, as hereinafter 
 provided, and on such terms and conditions, not inconsistent 
 
32 
 
 with the aforesaid plans and specifications, as said board shall 
 determine to be best for the public interests. And said board 
 may contract for the construction of the whole road, or all the 
 roads provided for by the aforesaid plans in a single contract, 
 or may by separate contracts, executed from time to time, pro- 
 vide for the construction of parts of said road or roads, or for the 
 construction at first of two or more tracks over a part or parts 
 of such road or roads, and afterwards of one or more additional 
 tracks over a part or parts of such road or roads, as the necessi- 
 ties of said city and the increase of its population may in the 
 judgment of said board require. The board may also in a con- 
 tract for a part of such a road insert a provision that at a future 
 time upon the requirement of the board the contractor shall 
 construct the remainder or any part of the remainder of said 
 road, as the growth of population or the interests of the city 
 may in the judgment of the board require, and may in such 
 contract insert a provision of a method for fixing and ascer- 
 taining at such future time the amount to be paid to the con- 
 tractor for such additional construction, and to the end of such 
 ascertainment may provide for arbitration or for determination 
 by a court of the amount of such compensation, or of any 
 other details of construction which shall not be prescribed in 
 the contract, but which shall be deemed necessary or convenient 
 by said board. Any such contract may provide, if the public 
 interest shall, in the opinion of the board, justify the provision, 
 that the construction of any section or portion of the road may, 
 with the consent of the board, be suspended during the term of 
 operation of the railroad as hereinafter mentioned, or any part 
 of such term, provided, that during such term or part of term 
 the contractor shall use in lieu of such portion of the road a 
 railroad owned or leased by the contractor or a portion or sec- 
 tion thereof, which shall, with the railroad or portion of railroad 
 constructed by it under its contract with the board, form 
 a continuous and convenient route. Such contract shall also pro- 
 vide that the person, firm or corporation so contracting to 
 construct said road or roads shall, at his or its own cost and 
 expense, equip, maintain and operate said road or roads for a 
 term of years to be specified in said contract, not less than 
 
33 
 
 thirty-five, nor more than fifty years, and upon such terms and 
 conditions as to the rates of fare to be charged and the char- 
 acter of service to be furnished and otherwise as said board 
 shall deem to be best suited to the public interests, and sub- 
 ject to such public supervision and to such conditions, regula- 
 tions and requirements as may be determined upon by said 
 board, provided, that in case the contract shall provide for con- 
 struction at different times or at intervals of time of different 
 parts of a road, or if the contract shall provide for the use by the 
 contractor of an existing railroad as part of a continuous route 
 as aforesaid, then and in any such case the board of rapid transit 
 railroad commissioners may in its discretion prescribe periods 
 for the operation of the different parts of said road so that at 
 one period of time in the future the board may be enabled to 
 make a single operating contract or lease of the entire road. 
 Such contract shall further provide by proper stipulations and 
 covenants on the part of the said city, that the said city shall 
 secure and assure to the contractor, so long as the contractor 
 shall perform- the stipulations of the contract, the right to con- 
 struct and to operate the road as prescribed in the con- 
 tract, free of all right, claim, or other interference, w hether 
 by injunction, suit for damages, or otherwise, on the part 
 of any owner, abutting owner, or other person. Such con- 
 tract shall further provide that the person, firm or corporation 
 so contracting to construct, maintain and operate said road 
 shall annually pay into the treasury of said city, as rental for 
 the use of said road, a sum which shall not, except as herein- 
 after provided, be less than the annual interest upon the bonds 
 to be issued by said city for the construction of said road as 
 hereinafter provided for, and in addition to said interest, a 
 further sum which shall be equal to a percentage of not less 
 than one per centum upon the whole amount of said bonds, — 
 provided, that in estimating such annual interest and additional 
 percentage there shall be deducted from the amount or said 
 bonds the amount thereof issued to pay for rights, terms, ease- 
 ments, privileges or property other than lands acquired in fee. 
 Such rental and the term for the operation of said road shall 
 begin as to said road or any section thereof when the same 
 
54 
 
 shall be declared by the board of rapid transit railroad com- 
 missioners to be completed and ready for operation. For the 
 purpose of estimating such one per centum per annum upon 
 the ascertainment of the amount of such rental, there shall be 
 included such portion of the said bonds as shall have been 
 issued to pay interest on bonds theretofore issued un- 
 der the provisions of this act, except bonds issued to 
 pay for rights, terms, easements, privileges, or property 
 other than lands acquired in fee. The aforesaid annual 
 rental shall be paid at such times during each year as 
 said board shall require, and shall be applied first to the pay- 
 ment of the interest on said bonds, as the same shall accrue and 
 fall due, and the remainder of said rental- not required for the 
 payment of said interest shall be paid into the sinking fund, 
 for the payment of the city debt, if there shall be such sinking 
 fund in said city, or, if there be none such, then said balance of 
 said rental shall be securely invested, and with the annual accre- 
 tions of interest thereon, shall constitute a sinking fund for the 
 payment and redemption at maturity of the bonds issued, as 
 hereinafter provided. Said contract may also provide for a 
 renewal or renewals of the lease of said road upon the expira- 
 tion of the original term and of any renewals of the same 
 upon such terms and conditions as to said board may seem just 
 and proper, and may also contain provisions for the valua- 
 tion of the whole or a part of the property of said contract- 
 ing person, firm or corporation, employed in and about the 
 equipment, maintenance and operation of said road, and for 
 the purchase of the same by the city, at such valuation, or a 
 percentage of the same, should said lease not be so re- 
 newed at any time. Said contract may provide for the 
 construction of said road in sections, and except as herein other- 
 wise provided, shall specify when the construction of said road, 
 or sections of the same shall be commenced, and, in 
 each case, the date of completion. It shall also state the 
 date on which the operation of the road, or of any section 
 thereof, shall commence. The person, firm or corporation so 
 contracting for the construction, equipment, maintenance and 
 operation of said road, shall give a bond to said city, 
 
in sucli amount as said board of rapid transit rail- 
 road commissioners shall require, and with sureties to be ap- 
 proved by said board, who shall justify in the aggregate in 
 double the amount of said bond. Said bond shall be a continu- 
 ing security, and shall provide for the prompt payment by 
 said contracting person, firm or corporation, of the amount of 
 annual rental specified in the aforesaid contract, and also for 
 the faithful performance by said contracting person, firm or cor- 
 poration, of all the conditions, covenants and requirements speci- 
 fied and provided for in said contract. The said contracting 
 person, firm or corporation shall also simultaneously with the 
 execution and delivery of said contract, deposit with the comp- 
 troller or other chief financial officer of such city the sum of one 
 million dollars in cash or in securities of a value not less than one 
 million dollars, which securities shall be of the character of 
 those in which the savings banks of this state are authorized by 
 law to invest moneys, and shall be approved by the board of 
 rapid transit railroad commissioners, which cash or securities 
 shall, under such terms and conditions as shall be provided in the 
 said contract, be further security for the faithful performance 
 by such contracting person, firm or corporation of all the 
 covenants, conditions and requirements specified and provided 
 for in said contract relating to the construction and equip- 
 ment of said road, and the city in and for which said road shall 
 be constructed shall also have a first lien upon the rolling stock 
 and other property of said contracting person, firm or cor- 
 poration, constituting the equipment of said road and used or 
 intended for use in the maintenance and operation of the 
 same, as further security for the faithful performance by such 
 contracting person, firm or corporation of the covenant, condi- 
 tions and agreements of said contract on his, their, or its part 
 to be fulfilled and performed, and in case of the breach of 
 any such covenant, condition and agreement said lien shall be 
 subject to foreclosure by action, at the suit of such city, in the 
 same manner, as far as may be, as is then provided by law in the 
 case of foreclosure by action of mortgages on real estate. The 
 said board of rapid transit railroad commissioners maw how- 
 ever, from time to time, by a concurrent vote of six of the 
 
30 
 
 members of said board, relieve from such lien, any of the property 
 to which the same may attach, upon receiving additional secu- 
 rity which may be deemed by said board so voting to be the 
 equivalent of that which it is proposed to release and other- 
 wise upon such terms as to such board so voting shall seem 
 just. Upon the completion of the construction and equipment 
 of said road to the satisfaction of said board, and when the 
 operation of the same shall have commenced pursuant to said 
 contract, it shall be the duty of the comptroller or other chief 
 financial officer to pay to the said contracting person, firm or 
 corporation said sum of one million dollars in cash or the said 
 securities so to be deposited as above provided, and said con- 
 tracting person, firm or corporation shall' also be then entitled 
 to be credited upon the rental which he, they or it shall have 
 contracted to pay to said city for the use of said road a sum 
 which shall be equal, as the case may be, either to the interest 
 on the sum of one million dollars for the time of such deposit 
 at the rate of interest provided for in the bonds which shall 
 have been issued and sold by the city to provide for the con- 
 struction of said road or to the interest, dividends, or other in- 
 come which said city shall have received from the said securi- 
 ties. The said contract shall further provide that in case of 
 default in paying the annual sum or rental therein pro- 
 vided for, or in case of the failure or neglect on the part 
 of said contracting person, firm or corporation, faithfully 
 to observe, keep and fulfill the conditions, obligations and re- 
 quirements of said contract, the said city, by its board of rapid 
 transit railroad commissioners, may take possession of said road 
 and the equipment thereof, and as the agent of said contract- 
 ing person, firm or corporation, either maintain and operate 
 said road, or enter into a contract with some other person, firm 
 or corporation for the maintenance and operation thereof, re- 
 taining out of the proceeds of such operation, after the pay- 
 ment of the necessary expenses of operation and maintenance 
 the annual rental hereinbefore referred to, and paying over the 
 balance, if any, to the person, firm or corporation with whom 
 the first contract above mentioned was made, and if such pro- 
 ceeds of the operation of said road, after the payment of the 
 
37 
 
 necessary expenses of maintenance and operation, including 
 the keeping in repairs of the rolling stock and other equipment, 
 shall in any year be less than the annual rental hereinbefore 
 referred to and provided in the first contract, then and in that 
 case, the said contracting person, firm or corporation and his 
 or its bondsmen, shall be and continue jointly and severally 
 liable to the aforesaid city for the amount of such deficiency 
 until the end of the full term for which the said first contract 
 was originally made. No contract entered into under author- 
 ity of this act shall be assigned without the written consent of 
 the said board of rapid transit railroad commissioners con- 
 curred in by all the members of said board. It shall be 
 deemed to be part of every such contract that, in case the board 
 of rapid transit railroad commissioners shall cease to exist, 
 the legislature may provide what public officer or officers of 
 the city shall exercise the powers and duties belonging to the 
 board of rapid transit railroad commissioners under or by 
 virtue of any such contract, and that in default of such pro- 
 vision, such powers and duties shall be deemed to be vested in 
 the mayor of the city. Even* such contract shall provide that 
 if the contracting person, firm or corporation shall fail to con- 
 struct or to operate the railway according to the terms of the 
 contract, and shall, after due notice of its default, omit for 
 more than a reasonable time to comply with the provisions of 
 such contract, the board of rapid transit railroad commissioners 
 may b. ing an action in the name and in behalf of the city to for- 
 feit and vacate all the rights of such contracting person, firm 
 or corporation under such contract, and for damages and other- 
 wise as may be necessary for the sufficient and just protection 
 of the rights of the city ; or may, upon such terms as to the 
 board of rapid transit railroad commissioners seem just and 
 with such person or corporation as to the said board may seem 
 proper, make another operating contract and lease of the said 
 road for the residue of the term of the contractor in default ; 
 and may bring action in the name and on behalf of the city to 
 recover from the contractor the amount due from the contrac- 
 tor, less the amount which shall have been received by the city 
 under or by virtue of such new contract, and for all other dam- 
 
38 
 
 ages sustained by the city by reason of such default. Any railway 
 corporation, organized under the laws of this State, or any ex- 
 isting railway corporation owning or actually operating a rail- 
 way wholly or in part within the limits of the city, in and for 
 which said board has power to act, shall be competent and is 
 hereby authorized to enter into a contract for the the conduc- 
 tion and operation of any railway pursuant to the provisions 
 of this chapter. {New section, Laws 1894, ch. 752, § 9, as amd 
 by L. 1895, ch. 5I9,*§ 10.) 
 
 § 35. The person, firm or corporation operating such road, 
 shall be exempt from taxation in respect to his, their or its 
 interest therein under said contract and in respect to the rolling 
 stock and other equipment of said road, but this exemption 
 shall not extend to any real property which may be owned 
 and employed by said person, firm or corporation in connection 
 with the construction or operation of said road. {New section, 
 Lazvs 1894, ch. 752, § 9.) 
 
 § 36. The said board of rapid transit railroad commissioners 
 before awarding any contract or contracts shall advertise for 
 proposals for such contracts by a notice to be printed twice a 
 week for three successive weeks in no less than four of the 
 daily newspapers published in said city, and in such newspapers 
 published elsewhere than in said city as said board shall deter- 
 mine. Such notice shall set forth and state the points within 
 said city, between which said road or roads is or are to run, the 
 general method of construction, the route or routes to be fol- 
 lowed, the term of years for which it is proposed to make such 
 contract, and such other details and specifications as said board 
 shall deem to be proper. Said notice shall state the time and 
 place at which said proposals will be opened, and the said 
 board shall attend at the time and place so specified, and shall 
 publicly open all proposals that shall have been received, but 
 the said board shall not be bound to accept any proposals so 
 received, but may reject all such proposals and readvertise for 
 proposals in the manner hereinbefore provided, or may accept 
 any of such proposals as will, in the judgment of such board, best 
 promote the public interest, and award a contract accordingly. 
 {New section, Lazvs 1894, ch. 752, ^9, as ani d by L. 1895, 
 ch. 519, 11.) 
 
§ 37- For tne purpose of providing the necessary means for 
 such construction, at the public expense, of any such road or 
 roads and the necessary means to pay for lands, property, 
 rights, terms, privileges and easements, whether of owners, 
 abutting owners, or others, which shall be acquired by the city 
 for the purposes of the construction or the operation of such 
 road or roads as hereinafter provided, and of meeting the 
 interest on the bonds in this section hereinafter provided for 
 accruing thereon prior to the completion and readiness for 
 operation of the portion of such road or roads for the con- 
 struction of which such bonds shall have been respectively 
 issued, the board of estimate and apportionment, or other local 
 authority in said city, in which such road or roads are to be 
 constructed, having power to make appropriations of moneys 
 to be raised by taxation therein, from time to time, and as the 
 same shall be necessary, and upon the requisition of said board 
 of rapid transit railroad commissioners, shall direct the comp- 
 troller, or other chief financial officer of said city, and it shall 
 thereupon become his duty, to issue the bonds of said city at 
 such a rate of interest, not exceeding three and one-half per 
 centum per annum, as said board of estimate and apportion- 
 ment, or other local authority directing the issue of such bonds, 
 may prescribe. Said bonds shall provide for the payment of 
 the principal and interest in gold coin of the United States of 
 America. They shall not be sold for less than the par value 
 thereo.', and the proceeds of the same shall be paid out and 
 expended for the purposes for which the same are issued, upon 
 vouchers certified by said board of rapid transit railroad com- 
 missioners. Said bonds shall be free from all- taxation for city 
 and county purposes, and shall be payable at maturity out of 
 the sinking fund for the payment of the city debt, if there be 
 such a sinking fund of said city ; but if there be no such sink- 
 ing fund, then out of a sinking fund to be established and cre- 
 ated out of the annual rentals of said road as hereinbefore pro- 
 vided. But this provision that the said bonds shall be payable 
 out of such sinking fund shall not diminish or affect the obliga- 
 tion of said city as a debtor upon said bonds, or any other ri^ T ht 
 or remedy of any holder or owner of any such bonds, to collect 
 
40 
 
 the principal or interest thereof. The amount of bonds author- 
 ized to be issued and sold by this section shall not exceed fifty 
 millions of dollars, par value, without the consent of the legis- 
 lature first had and obtained, provided, however, that such 
 amount shall be increased by a sum not exceeding five millions 
 of dollars, if the board of rapid transit railroad commissioners 
 shall certify that such increase is made necessary by payments 
 required for any lands, property, rights, terms, easements or 
 privileges which shall be acquired by the said city as herein- 
 after provided. {New section, Laws 1894, eh. 752, § 9, as amd 
 by L. 1895, eh. 5 19, § 12.) 
 
 § 38. . The board of rapid transit railroad commissioners, for 
 and on behalf of the said city in which such road or roads may 
 be constructed, may, from time to time, with the concurrence of 
 six members of said board and the consent, in writing, 
 of the bondsmen or sureties of the person, firm or corporation 
 which has contracted to construct, equip, maintain and oper- 
 ate said road or roads, or any of them, agree with said con- 
 tracting person, firm or corporation upon changes in and mod- 
 ifications of said contract, or of the plans and specifications 
 upon which said road or roads is or are to be constructed, but 
 no change or modifications in the plans and specifications con- 
 sented to and authorized pursuant to section five of this act 
 shall be made without the further consent and authorization 
 provided for in said section ; but in no event shall the annual 
 rental to be paid to said city, for the use of said road, be re- 
 duced below the minimum rate hereinbefore provided. {New, 
 section, Laws 1894, ch. 752, J g,asam'd by L. 1895,^//. 519, £ 13.) 
 
 § 38 The Board of Directors of any company in- 
 
 corporated for the purpose of constructing, maintaining or 
 operating a bridge or bridges connecting a city of more than 
 one million inhabitants with any other city in this State, and 
 by the act of incorporation of which authority shall have been 
 
 * This section was added to the Rapid Transit Act of 1S91 by chapter 102 Of 
 the Laws of 1892. Another section numbered 38 was subsequently inserted in the 
 Act by Laws 1894, chapter 752, and hence there were, up to the date of the 
 amendment of 1895 (Laws of 1895, chapter 519), two sections of the amended Act 
 similarly numbered. 
 
41 
 
 conferred or intended to be conferred, to construct, maintain 
 or operate, as a part of or in connection with its bridge, an 
 approach or approaches thereto extending generally in an 
 easterly and westerly direction, may determine in lieu of con- 
 structing such approach or approaches, to build, maintain 
 and operate an elevated railway, t]ie route of which shall be 
 coincident with the route of such approach or approaches as 
 defined in said act, and shall adopt a general plan for the con- 
 struction thereof, and which shall show the general mode of 
 operation, and contain such details as to manner of construc- 
 tion as may be necessary to show the extent to which any 
 street, avenue, or other public place is to be encroached upon 
 and the property abutting thereon affected, a copy of which 
 plan shall be transmitted to the common council of the city in 
 which the same is to be located. Such proceedings shall there- 
 upon be had by such common council as are provided bi- 
 section five of this act, as though such plans had been trans- 
 mitted by the rapid transit commissioners as contemplated in 
 said section. Provided, that where in any such city the 
 exclusive control of any street, route, highway or avenue, 
 which is to be occupied by any railway or railways constructed 
 under the provisions of this section is by law vested in any 
 local authority other than the common council of such city, 
 the approval of the aforesaid plans, and consent to the con- 
 struction of a railway thereunder shall be given by such local 
 authority in place of, and if required in addition to such 
 approval and consent by such common council, and with like 
 effect. Upon obtaining the approval and consent of the local 
 authorities as in said section provided, the said board of 
 directors shall take the necessary steps to obtain, if possible, 
 the consent of the property owners along the line of the said 
 route or routes, and all proceedings in respect of such consent- 
 or when such consents cannot be obtained shall be similar in 
 all respects to the proceedings in said section provided. Any 
 consent of the local authorities to construct or operate such 
 railway shall be given only upon the condition that the rate of 
 fare upon such elevated railway shall not exceed five cents 
 for each passenger, and that payment of such fare shall entitle 
 
42 
 
 each passenger to or from said elevated railroad to free transit 
 across the bridge or bridges with which it is intended to con- 
 nect the same. When the consents of the local authorities and 
 the property owners, or in lieu thereof, the authorization of 
 the supreme court upon the report of the commissioners shall 
 have been obtained, and the said company shall have accepted 
 such condition it shall have all the powers of corporations 
 formed under this act, it shall be authorized to build, construct, 
 maintain and operate such elevated railway or railways, but 
 all provisions of this act, or of any act requiring the sale of the 
 right, privilege and franchise of constructing, maintaining and 
 operating such railway or railways, or requiring a corporation 
 or corporations to be organized for the purpose of acquiring 
 such right, privilege and franchise, and all other provisions of 
 this act or of any act inconsistent with this section, are hereby 
 declared inapplicable to such elevated railway and to such 
 company. The entire route of any elevated railway con- 
 structed under the provisions of this section shall not exceed 
 three miles in length, nor shall any part of said railway except 
 at the termini thereof, be less than sixteen feet above any 
 street, avenue or public place, or less than fourteen feet above 
 any existing elevated railway which may be crossed, intervened 
 or intersected thereby. The said railway may be located and 
 constructed so as to cross any intersecting street, avenue, high- 
 way or place otherwise exempted, except that no public park 
 shall be occupied or crossed thereby, the structure of such 
 elevated railway shall be liable to taxation as provided by law 
 for similar structures. (Laws 1892, cJi. 102, aiii d as to its 
 number by L. 1895, cJi. 519, ^ 14.) 
 
 ^ 39. For the purpose of constructing or operating any 
 road for the construction and operation of which a contract 
 shall have been made by the board of rapid transit railroad 
 commissioners, including necessary stations and station ap- 
 proaches, or for the purpose of operating or securing the oper- 
 ation of the same free of interference and right of interfer- 
 ence and of action and right of action for damages or other- 
 wise, whether by abutting owners or others, or to provide, lay 
 or maintain conduits, pipes, ways or other means for the trans- 
 
4:; 
 
 mission of electricity, steam, water, air or other source or means 
 of power or of signals or messages necessary or convenient for 
 or in the construction or operation of such road, or for the 
 transportation of materials necessary for such construction or 
 operation, or to provide a temporary or permanent way 
 or course for any such conduit, pipe or other means 
 or source of transportation, the said board for and in 
 behalf of said city may acquire, as in this act provided, any real 
 estate, and any rights, terms, and interest therein, and any and all 
 rights, privileges, franchises and easements, whether of owners 
 or abutting owners or others, including any rights of owners, 
 abutting owners, or others to interfere with the construction or 
 operation of such road or to recover damages therefor, which, 
 in the opinion of the board, it shall be necessary to acquire or 
 extinguish for the purpose of constructing and operating such 
 road free of interference or right of interference. The word 
 " property " hereinafter used shall be deemed to include any 
 such real estate, and any rights, terms and interest therein, 
 and any such rights, privileges, franchises and easements, 
 whether of owners, abutting owners, or others. (New section > 
 Laics 1894, ch. 752, § 9, as ani d by L. 1895, ch. 519, § 1 5.) 
 
 £ 40. It shall and may be lawful for said board, and for all 
 persons acting under its authority, to enter in the daytime into 
 and upon any and all lands and property which it shall deem 
 necessary to be acquired, or to which there may be appurtenant 
 rights, terms, franchises, easements or privileges which it shall 
 deem necessary to be acquired or extinguished by said city, for 
 the purpose of making the maps or surveys hereinafter men- 
 tioned, and also to enter in like manner and for the same pur- 
 pose upon any property adjacent to and within five hundred 
 feet of the property to be so surveyed ; and the said board shall 
 cause three similar maps or plans to be made of each parcel ot 
 property which it may deem necessary so to be acquired, or to 
 which there may be appurtenant rights, terms, franchises, ease- 
 ments or privileges necessary so to be acquired or extinguished, 
 designating each of said parcels by a number, and upon each 
 map or plan so made or in a memorandum accompanying the 
 same and to be deemed part thereof the said board shall cause 
 
44 
 
 to be clearly indicated the particular estate or estates, rights, 
 terms, privileges, franchises or easements to be acquired or 
 extinguished for the purposes of this act, in relation to each 
 and every piece or parcel of property described upon said map 
 or plan. The said board shall have power to cause a triplicate 
 set of maps or plans and memoranda as herein provided for to 
 be made as often and at such times as said board shall deter- 
 mine, and each set of maps or plans and memoranda so made 
 shall contain the particulars above enumerated within such 
 district as said board shall in each case provide. The maps or 
 plans and memoranda herein provided for, when approved and 
 adopted by said board, shall have written thereon a certificate 
 of such approval, signed by the members of said board adopt- 
 ing and approving the same, and one copy thereof shall be filed 
 in the department of public works, or other chief executive de- 
 partment having principal charge of the streets, there to remain 
 as a public record, and the other two of said maps or plans 
 and memoranda shall be transmitted to the counsel to the 
 corporation or other principal legal adviser of said city. 
 The said board may from time to time make and file 
 further maps or plans and memoranda amending those al- 
 ready filed, but not so as to defeat or impair any property 
 or interest which shall have been already acquired, or to revive 
 any interest or right which may have been already extin- 
 guished by the said city. {New section, Laws 1894, eh. 752, 
 § 9, as anid by L. 1895, eh. 519, § 16.) 
 
 §41. Whenever and as often as the said board shall deem it 
 to be necessary and proper that the said city should acquire 
 any such property and shall have caused to be made, as pro- 
 vided in the last preceding sections, the maps or plans and 
 memoranda specifying and defining the said property to be 
 acquired, or to which are appurtenant the rights, terms, fran- 
 chises, easements or privileges to be acquired or extinguished, 
 and shall have certified, and filed and transmitted the several 
 copies of such maps or plans as in the last section prescribed, 
 the said board may direct the counsel to the corporation or 
 other principal legal adviser of said city, to take legal pro- 
 ceedings to acquire the same for the said city, and the said 
 
counsel to the corporation, or other principal Legal adviser, 
 shall thereupon take proceedings as in this act provided. 
 (New section, Laics 1894, ch. 752, >J 9, as amd by L. 1895, ck. 
 
 42. The said counsel to the corporation, or other principal 
 legal adviser of said city, shall cause one of the maps or plans, 
 so as aforesaid transmitted to him, to be filed in the office of 
 .the register of the county, or if there be no such register, then 
 in the office of the county clerk of the county in w hich said 
 city is situated. The map hereinafter denominated the third 
 map, being the other one of the two so as aforesaid transmitted 
 to said counsel to the corporation, or other legal adviser, 
 shall be disposed of as hereinafter provided. (New section^ 
 Laws 1894, ck. 752, § 9.) 
 
 § 43. After the said set shall have been filed as 
 hereinbefore provided in the office of the register or county 
 clerk of said county, the said counsel to the corporation, or 
 other principal legal adviser, for and on behalf of the said city, 
 shall, and he may from time to time, upon first giving the notice 
 required by the next section of this act, apply to the 
 supreme court at any special or general term thereof, to be 
 held in the judicial district in which said city is situated, for 
 the appointment of commissioners of appraisal. Upon each such 
 application he shall present to the court a petition, signed by a 
 majority of the members of said board and verified in 
 the manner prescribed by law for the verification of 
 pleadings, according to the practice of said court, 
 setting forth the action or determination theretofore 
 taken or had by said board, with respect to the property 
 to be acquired, and the filing of said maps or plans and 
 memoranda and praying for the appointment of such com- 
 missioners of appraisal. Such petition shall contain a gen- 
 eral description of all the property to, or in or over or 
 appurtenant to which any title, interest, right, franchise, ease- 
 ment, term or privilege is sought to be acquired or extin- 
 guished, and of every right, franchise, easement, or privilege 
 sought to be acquired, by the said city for public purposes, 
 each lot or parcel being more particularly described by a 
 
46 
 
 reference to the number of said lot or parcel as given on said 
 maps, and the title, interest, right, easement, term or privilege 
 sought to be acquired, or extinguished, to or in or over or ap- 
 purtenant to each of said lots or parcels shall be stated in said 
 petition. (Mew section, Laws 1894, ch. 752, § 9, as amd by 
 L. 1895, ch. 519. § 18.) 
 
 § 44. The said counsel to the corporation, or other principal 
 legal adviser shall give, or cause to be given, notice by publication 
 in two public newspapers published in the said city, of his 
 intention to make application to the said court for the ap- 
 pointment of such commissioners of appraisal, which notice 
 shall state the time and place of such application, shall briefly 
 state the object of the application and shall describe the prop- 
 erty sought to be acquired or affected. A statement of the 
 location and boundaries of the several lots or parcels of prop- 
 erty and rights, franchises, easements, or privileges sought to be 
 taken or affected, and a brief statement as to each of said lots or 
 parcels of the title, interest, rights, easements, terms or privi- 
 leges therein or appurtenant thereto, sought to be acquired or 
 extinguished with a reference to the dates and places of filing 
 the said maps or plans and memoranda shall be a sufficient 
 description of the property sought to be so taken or affected. 
 Such notice shall be so published daily, Sundays and holidays 
 excepted, in said newspapers for six weeks immediately previous 
 to the time fixed in said notice for the presentation of each 
 petition. {New section, Laws 1894, ch. 752, § 9, as amd by 
 L. 1895, r//.- 5 19, ^ 19.) 
 
 ^ 45. At the time -and place mentioned in said notice, unless 
 the said court shall adjourn said application to a a subsequent 
 date, and in that event at the time to which the same may be 
 adjourned, the court, upon due proof to its satisfaction of the 
 publication aforesaid, and upon filing the said petition, shall 
 make an order for the appointment of three disinterested free- 
 holders, residents in said city, as commissioners of appraisal, to 
 ascertain and appraise the compensation to be made to the 
 owners of property so to be taken or extinguished for the pur- 
 poses indicated in this act. Such order shall fix the time and 
 place for the first meeting of the commissioners. {New section, 
 Laws 1894, cli. 752, £ 9.) 
 
47 
 
 § 46. The said commissioners shall take and subscribe the 
 oatli required by the twelfth article of the constitution of the 
 state of New York, and shall forthwith file the same in the 
 office of the clerk of the count}- in which said city is situated. 
 {New section, Laws 1894, ch, 752, § 9.) 
 
 § 47. On filing said oath in the manner provided in the last 
 section, the said city shall be and become seized and possessed 
 in fee or absolute ownership of all those parcels of property, 
 rights, terms, franchises, easements and privileges which are 
 in the maps or plans and memoranda referred to in sec- 
 tion forty of this act, described as parcels of property, rights, 
 franchises, easements, or privileges which are to be acquired, 
 and also shall become seized and possessed of all the rights, 
 terms, franchises, easements or privileges appurtenant to any 
 lots or parcels of property indicated on said maps or plans as 
 parcels in regard to which it is deemed necessary to acquire 
 such rights, terms, franchises, easements or privileges, or the 
 said rights, terms, franchises, easements or privileges shall be 
 extinguished as the case may be ; and the said board for the 
 said city, may immediately or at any time or times thereafter, 
 take possession or enter into the enjoyment of the said property, 
 rights, terms, franchises, easements and privileges or of any 
 part or parts thereof without any suit or proceeding at 
 law for that purpose and the said board for the said 
 city, or any person or persons acting under their or its author- 
 ity, may enter upon and use, occupy, and enjoy in perpet- 
 uity all the parcels of property and all the rights, terms, fran- 
 chises, easements or privileges appurtenant to any of the par- 
 cels of property and all rights, franchises, easements, and priv- 
 ileges, described on said maps or plans or in said memoranda, 
 for any of the purposes authorized and. provided for by this 
 act. But on such filing of the said oath the said city shall be 
 and become forthwith liable to the respective owners of the 
 several parcels of property and the several rights, terms, fran- 
 chises, easements and privileges appertaining thereto, and of 
 the said rights, franchises, easements, and privileges acquired as 
 aforesaid, for the true and respective values thereof, together 
 with interest thereon from the time of filing the said oath, pro- 
 
4S 
 
 vided, however, that no such interest shall be payable to any 
 owner of any such property, right, term, franchise, easement or 
 privilege during any period during which the said city or the 
 said board of rapid transit railroad commissioners may by any 
 resistance, whether by legal proceedings or otherwise of such 
 owner or with his authority, be prevented from taking posses- 
 sion thereof or enjoying the same ; and provided further, that 
 no action shall be brought to recover the amount of such value 
 or interest unless w r ithin eighteen months after the filing of 
 such oath, a report shall not have been duly made by commis- 
 sioners of appraisal as herein provided, or such report shall not 
 have been confirmed by the Supreme Court as herein pro- 
 vided, so that the said city shall be liable to forthwith pay the 
 amount by such report ascertained to be due for such value or 
 interest. (Nezu section, Laws 1894, ch. 752, § 9, as am V by L. 
 1895, ch. 519, § 20.) 
 
 § 48. Any one of said commissioners of appraisal may issue 
 subpoenas and administer oaths to witnesses, and they or any 
 one of them, in the absence of the others, may adjourn the pro- 
 ceedings, from time to time in their discretion, but they shall 
 continue to meet from time to time as may be necessary to hear, 
 consider and determine upon all claims which may be presented 
 to them under any of the provisions of this act. In case of the 
 death, resignation, refusal or neglect to serve of any commis- 
 sioner of appraisal, the remaining commissioner or commission- 
 ers shall, upon ten days' notice, to be given by advertisement 
 in the newspapers mentioned in section forty-four of this act, 
 apply to the supreme court, at a special or general term thereof, 
 to be held in the judicial district in which said city is situated, 
 for the appointment of a commissioner or commissioners to fill 
 the vacancy or vacancies so occasioned. In case of the death, 
 resignation or refusal to serve of all the commissioners of 
 appraisal, the said counsel to the corporation or other princi- 
 pal legal adviser to said city shall, on giving the notice required 
 in this section, apply to the said court for the appointment of 
 other commissioners of appraisal. It shall be the duty of the 
 commissioners of" appraisal to procure from the counsel to the 
 corporation or other principal legal adviser the third set 
 
49 
 
 of maps or plans and memoranda provided for in sections 
 forty and forty-two of this act. They shall view the property 
 laid down on said map, and shall hear the proofs and allegations 
 of any owner, lessee or other person in any way entitled to or in- 
 terested in the property to be acquired or extinguished, or any 
 part or parcel thereof, and also such proofs and allegations as 
 may be offered on behalf of the said city. They shall reduce 
 the testimony, if any, taken before them to writing, and after 
 the testimony is closed, they, or a majority of them, all 
 having considered the same, and having an opportunity to 
 be present, shall, without unnecessary delay, ascertain and 
 determine the compensation which ought justly to be made 
 by the said city to the owners or persons interested in the 
 property acquired or extinguished by said proceedings. The 
 said commissioners of appraisal shall make reports of their 
 proceedings to the supreme court, as in the next section pro- 
 vided with the minutes of the testimony taken before them, if 
 any, and they shall be entitled to the payment hereinafter pro- 
 vided for their services and expenses, to be paid from the fund 
 hereinafter specified. The said commissioners may make a 
 single report or may make reports from time to time as they 
 shall reach their several decisions as to different parcels of 
 property. {New section, Lcpws 1894, cli. 752, ^ 9, as a/rid by L. 
 1895, cli. 519, ^ 21.) 
 
 49. The said commissioners shall prepare a report or reports, 
 to which shall be annexed the third set of map or 
 plans and memoranda referred to in section forty-two of 
 this act and therein denominated the third set 
 or a copy thereof certified by them. Each said 
 report shall contain :i brief description of the property 
 so taken or affected, with a reference to the map upon 
 which the same is required to be indicated ; a statement of the 
 sums estimated and determined upon by them, as a just com- 
 pensation for the same to be made by the city to the owners or 
 persons interested therein and the names of such owners and 
 persons ; but in all and each and every case or cases where one 
 or more of the owners and persons interested, or their respective 
 estates or interests, are unknown, or not fully known, to the 
 
50 
 
 commissioners of appraisal, it shall be sufficient for them to set 
 forth and state in general terms the respective sums to be 
 allowed and paid to the owners of and persons interested 
 therein, generally, without specifying the names or estates or 
 interests of such owner or persons interested, or any or either 
 of them. {New section, Lazes 1894, ch. 752, § 9, as avid by L. 
 1895, ch. 519, §22.) 
 
 § 50. Each said report, signed by said commissioners, or a 
 majority of them, shall be filed in the office of the clerk of the 
 county in which said city is situated, and the commissioners of 
 appraisal shall, in each case, notify the counsel to the corpora- 
 tion, or other principal adviser to said city, as soon as any such 
 report is filed. {New section, Lazes 1894, ch. 752, § 9, as atrid 
 by L. 1895, ch. 519, §23.) 
 
 § 51. The counsel to the corporation, or other principal 
 legal adviser, or, in case of his neglect to do so within ten days af- 
 ter receiving notice of such filing, then any person interested in 
 the proceedings, shall give notice that the said report will be pre- 
 sented for confirmation to the supreme court, at a special term 
 thereof, to be held in the judicial district in which said city is 
 situated, at a time and place to be specified in said notice. The 
 said notice shall contain a statement of the time and place of 
 the filing of the report, and shall be published in two daily news- 
 papers published in such city, for at least two weeks im- 
 mediately prior to the presentation of said report for confirma- 
 tion. {New section, Lazes 1894, ch. 752, § 9, as atrid by L. 
 1895, ch. 519, § 24.) 
 
 § 52. The application for the confirmation of each such re- 
 port shall be made to the supreme court at a special term thereof, 
 held in the judicial district in which said city is situated. Upon the 
 hearing of the application for the confirmation thereof, the said 
 court shall confirm such report and make an order containing a 
 recital of the substance of the proceedings in the matter of the 
 appraisal, with a general description of the property appraised 
 and for which compensation is to be made, and shall also direct 
 to whom the money is to be paid, and whether or not any part 
 thereof, and, if so, what part, is to be deposited with the comp- 
 troller or other chief financial officer of said city with the chain- 
 
5 J 
 
 berlain of said city, or if there be no chamberlain, with a bank 
 or trust company to be designated by said court. Such report 
 when so confirmed shall, except in the case of an appeal, as 
 hereinafter provided, be final and conclusive, as well upon the 
 said city as upon owners and all persons interested in or entitled 
 to said property, and also upon all other persons whomsoever. 
 [New section, Laws 1894, ch. 752, ^ 9, as atnd by L. 1895, ck, 
 
 53. The said city shall, within four calendar months after 
 the confirmation of any report of the commissioners of ap- 
 praisal, pay to the respective owners and bodies politic or 
 corporate mentioned or referred to in said report, in whose 
 favor any sum or sums of money shall be estimated and 
 reported by said commissioners, the respective sum or sums so 
 estimated and reported in their favor respectively, with legal 
 interest thereon from the date of filing the oath of said com- 
 missioners, and in case of neglect or default in the payment of 
 the same within the time aforesaid, the respective person or 
 persons or bodies politic or corporate, in whose favor the same 
 shall be so reported, his, her or their executors, administrators, 
 successors or assigns at any time or times after application first 
 made by him, her or them to the comptroller or other chief 
 financial officer of said city for payment thereof, may sue for 
 and recover the same, with lawful interest as aforesaid, and the 
 costs of suit, in any proper form of action against the said city 
 in any court having cognizance thereof, and in which it shall be 
 sufficient to declare generally for so much money due to the 
 plaintiff or plaintiffs therein by virtue of this act for property 
 taken or extinguished for the purposes herein ^mentioned, and 
 the report of said commissioners, with proof of the right and 
 title of the plaintiff or plaintiffs to the sum or sums demanded 
 shall be conclusive evidence in such suit or action. [New 
 section. Laws 1894, ck. 752, £ 9, as anid by A. 1895. ch. 519, 
 § 26. i 
 
 ^ 54. Whenever the owner or owners, person or persons 
 interested in any property taken or affected in sucli proceeding, 
 or in whose favor any such sum or sums or compensation shall 
 be so reported, shall be under the age of twenty-one years, or 
 
52 
 
 of unsound mind or absent from the city, and also in all cases 
 where the name or names of the owner or owners, person or 
 persons, interested in any such property shall not be set forth 
 or mentioned in said report, or where the said owner or owners, 
 person or persons, being named therein, can not, upon diligent 
 inquiry, be found, or where there are adverse or conflicting 
 claims to the money awarded as compensation, it shall be law- 
 ful for the said city to pay the sum or sums mentioned in said 
 report, payable, or that would be coming to such owner or 
 owners, person or persons, respectively, with interest, as afore- 
 said, to the cnamberlain of said city, or, if there be no chamber- 
 lain, then to any bank or trust company designated by the court 
 in the order confirming the report of 'the commissioners ot 
 appraisal, to the credit of such owner or owners, person or per- 
 sons, and such payment shall be as valid and effectual in all 
 respects as if made to the said owner or owners, person or 
 persons, interested therein, respectively, according to their just 
 rights ; and. provided, also, that in all and each and every such 
 case and cases where any sum or sums or compensation reported 
 by the commissioners in favor of any person or persons, or par- 
 ties whatsoever, whether named or not named in said report, 
 shall be paid to any person or persons, or party or parties, whom- 
 soever, when the same shall of right belong and ought to have 
 been paid to some other person or persons, or party or parties, 
 it shall be lawful for the person or persons, or party or parties, 
 to whom the same ought to have been paid, to sue for and 
 recover the same, with lawful interest and costs of suit, as so 
 much money had and received to his, her or their use by the 
 person or persons, party or parties, respectively, to whom the 
 same shall have been so paid. {New Section, Lazes 1894, cli. 
 752, § 9-) 
 
 § 55. Every owner or person in any way interested in any 
 property taken or extinguished as contemplated in this act, if 
 he intends to make claim for compensation for such taking or 
 extinguishment, shall within three years after the appointment 
 of the commissioners of appraisal exhibit to the said commis- 
 sioners a statement of his claim, and shall thereupon be entitled 
 to offer testimony and to be heard before them touching such 
 
claim and the compensation proper to be made him, and to 
 have a determination made by such commissioners of appraisal 
 as to the amount of such compensation. Every person neg- 
 lecting or refusing to present such claim within said time shall 
 be deemed to have surrendered his claim for such compensa- 
 tion, except so far as he may be entitled, as such owner or 
 person interested, to the whole or a part of the sum of money 
 awarded by the commissioners of appraisal as a just compensa- 
 tion for taking or extinguishing the property owned by said 
 person, or in which the said person is interested. {New section, 
 Lazes 1894, c/i. 752, £ 9.) 
 
 ^ 56. Payment of the compensation awarded by said com- 
 missioners of appraisal to the persons named in their report ( if 
 not infants or persons of unsound mind), shall, in the absence 
 of notice to the said city or other claimants to such award, pro- 
 tect the said city. [New section, Lazes 1894, c/i. 752, § 9.) 
 
 § 57. Said commissioners of appraisal may in their discre- 
 tion take up any specified claim or claims, and finally ascertain 
 and determine the compensation to be made thereon, and 
 make a separate report with reference thereto, annexing to 
 said report a copy of so much of the set of maps or plans 
 and memoranda referred to in section forty-two of this act 
 as indicates the property so reported on. Such report 
 shall, as to claims therein specified, be the report re- 
 quired in this act, and the subsequent action with reference 
 thereto, shall be had in the same manner as though no other 
 claim were embraced in said proceeding, which, however, shall 
 continue as to all claims upon which no such determination 
 and report is made. {New section, Lazes 1894, cli. 752, ^ 9, as 
 am dby L. 1895, cii. 519, § 27.) 
 
 £ 58. Within twenty days after notice of the confirmation 
 of the report of the commissioners, as provided for in section 
 fifty-two of this act, which notice may, as to parties who have 
 not appeared before the commissioners, be given in the m. in- 
 ner provided in section fifty-one of this act, either party may 
 appeal to the general term of the supreme court in the depart- 
 ment in which such commissioners were appointed, from the 
 appraisal and report of the commissioners and the order con- 
 
5-i 
 
 firming the same. Such appeal shall be heard upon due no- 
 tice thereof being given, according to the rules and practice of 
 said court. On the hearing of such appeal the court may di- 
 rect a new appraisal and determination of any question passed 
 upon, by the same or new commissioners, in its discretion, and 
 from any determination of the general term either party, if 
 aggrieved, may take an appeal, which shall be heard and deter- 
 mined by the court of appeals. In the case of a new appraisal 
 the second report shall be final and conclusive on all the 
 parties and persons interested. If the amount of compensa- 
 tion to be made by such city is increased by the second report, 
 the difference shall be paid by the comptroller or other chief 
 financial officer of said city, to the parties' entitled to the same, 
 or shall be deposited with the chamberlain, or bank or trust 
 company, as the court may direct, and if the amount is dimin- 
 ished the difference shall be refunded to the said city by the party 
 to whom the same may have been paid, and judgment there- 
 for may be rendered by the court on the filing of the second 
 report against the party liable to pay the same. But the tak- 
 ing of an appeal by any person or persons shall not operate to 
 stay the proceedings under this act except as to the particular 
 property with which the said appeal is concerned. Such ap- 
 peal shall be heard upon the evidence taken before said com- 
 missioners, and any affidavits as to irregularities, and three 
 printed copies of such evidence shall be furnished by the said 
 city to the party taking the appeal, within ten days after the 
 appeal is perfected, and such appeal may be heard on the evi- 
 dence so furnished, and may be taken without security thereon. 
 {New section, Laws 1894, eh. 752, § 9.) 
 
 § 59. The supreme court in the judicial district in which 
 said city is situated shall have power at any time to amend any 
 defect or informality in any of the special proceedings author- 
 ized by this act as maybe necessary, and to direct such further 
 notices to be given to any party in interest as it deems proper, 
 and also to appoint other commissioners in place of any who 
 shall die, or refuse, or neglect to serve or be incapable of serving, 
 or be removed. And the said court may at any time remove 
 any commissioner of appraisal who in its judgment shall be in- 
 
55 
 
 capable of serving, or who shall for any reason in its judgment 
 be an unfit person to serve as such commissioner. The cause 
 of such removal shall be specified in the order making the same. 
 If in any particular it shall at any time be found necessary to 
 amend any pleading or proceeding or to supply any defect 
 therein arising in the course of any special proceeding author- 
 ized by this act, the same may be amended or supplied in such 
 manner as shall be directed by the supreme court, which is 
 hereby authorized to make such amendment or correction. 
 Wherever in this act reference is made to the General Term of 
 the Supreme Court, it shall be deemed to include the Appellate 
 Division of the Supreme Court for the district in which said 
 city is situated, whenever said General Term shall be superseded 
 thereby. (New section, Lows 1894, ch. 752, ^ 9, as atrid by 
 L. 1895, ch. 519, § 28. ) 
 
 ,^ 60. All property acquired under the provisions of this act 
 shall be and shall be deemed to have been acquired for public 
 uses and purposes, and for the purpose of affording increased 
 facilities for rapid transit between points within the city ac- 
 quiring such property. (New section, Laws 1894, ch. 752, § 9.) 
 
 ^ 61. The moneys necessary and sufficient to be paid for 
 any property, acquired in any manner under the provisions of 
 this act, together with all expenses necessarily incurred in sur- 
 veying, locating, and acquiring title to such property, and for 
 surveying and locating the same, and for preparing the neces- 
 sary maps and plans in connection therewith, shall be raised 
 and paid out of the proceeds of bonds issued and sold as pro- 
 vided by section thirty-seven of this act, and all such expenses 
 so incurred in surveying, locating and acquiring title, and 
 for preparing necessary maps and plans and also those 
 incurred as provided in the next section shall be deemed a part 
 of and included in the cost of constructing the road or roads, 
 the construction of which rendered it necessary to acquire the 
 property in the course of the acquisition of which such ex- 
 penses may be incurred. {New section. Laws 1894, ch. 752, ^ 9, 
 as atrid by L. 1895, ch. 519, § 29.) 
 
 £ 62. The commissioners of appraisal appointed in pursu- 
 ance of this act shall receive as compensation the sum of ten 
 
56 
 
 dollars per day for each day actually employed. They may 
 employ the necessary clerks, stenographers and surveyors. 
 The counsel to the corporation or other principal legal adviser 
 to said city shall, either in person or by such counsel as he 
 shall designate for the purpose, appear for and protect the 
 interests of the city in all such proceedings in court and before 
 the commissioners. The fees of the commissioners and 
 the salaries and compensation of their employes, and all 
 other necessary expenses in and about the said proceedings 
 provided for by this act, and such allowance for counsel fees as 
 may be made by order of the court, and all reasonable 
 expenses incurred by said counsel to the corporation, or 
 other principal legal adviser of said counsel designated by him 
 for the proper presentation and defense of the interests of 
 said city before said commissioners and in court, shall be paid by 
 the comptroller or other chief financial officer of said city out of 
 the funds referred to in the last preceding section. But such 
 fees and expenses shall not be paid until they have been taxed 
 before a justice of the supreme court in the judicial district in 
 which said city is situated upon five days' notice to the coun- 
 sel to the corporation, or other chief legal adviser of said city. 
 Such allowance shall, in no case, exceed the limits prescribed 
 by section thirty-two hundred and fifty-three of the code of 
 civil procedure. {New section, Laws 1894, ch. 752, § 9.) 
 
 § 63. In case it shall be determined by vote of the people as 
 provided by sections twelve and thirteen of chapter seven 
 hundred and fifty-two of the laws of eighteen hundred and 
 ninety-four to construct by and at the city's expense, then 
 and in that event the road or roads so constructed shall be 
 and remain the absolute property of the city so constructing 
 it or them, and shall be and be deemed to be a part of the 
 public streets and highways of said city, to be used and en- 
 joyed by the public upon the payment of such fares and 
 tolls, and subject to such reasonable rules and regulations as 
 may be imposed and provided for by the board of rapid 
 transit railroad commissioners jn said city. {New section, 
 Laws 1894, ch. 752, ^ 9, as aniei by L. 1895, ch. 519, § 30.) 
 
 § 64. This act shall not be construed to repeal or in any man- 
 
57 
 
 ncr affect chapter six hundred and six of the laws of eighteen 
 hundred and seventy-five, entitled " An act to further provide 
 for the construction and operation of a steam railway or rail- 
 ways in the counties of this state," or the acts amendatory 
 thereof or supplementary thereto, or article five of chapter five 
 hundred and sixty-five of the laws of eighteen hundred and 
 ninety, known as the railroad law, except so far as the said acts 
 or either of them, would if this act had not been passed, author- 
 ize the appointment hereafter of any commissioners applied 
 for as provided in section one of said act of eighteen hundred 
 and seventy-five, or in section one hundred and twenty of said 
 act of eighteen hundred and ninety, in any city or cities con- 
 taining a population of over one million inhabitants, according 
 to the last preceding national or state census or authorize any 
 commissioners already appointed pursuant to the provisions of 
 such act or acts in any such city or cities, to fix, determine or 
 locate any new route or routes, pursuant to the provisions of 
 either of said acts. This act shall not be construed in any 
 manner to affect the exercise or enjoyment at any time, and 
 from time to time hereafter, of any right or rights heretofore 
 acquired, exercised or enjoyed by any corporation heretofore 
 duly incorporated and organized or deriving powers and rights 
 under the laws of this state. This act shall not affect or impair 
 the exercise or enjoyment of any right or rights now possessed 
 or heretofore acquired or heretofore authorized to be acquired, 
 exercised or enjoyed by any street surface railroad corporation, 
 except as herein otherwise expressly provided, and this act shall 
 not be construed to repeal or in any manner affect chapter one 
 hundred and forty of the laws of eighteen hundred and fifty, 
 entitled " An act to authorize the formation of railroad corpo- 
 rations, and to regulate the same," or either of the several acts 
 amendatory thereof or supplementary thereto. This act shall 
 not be construed to repeal or in any manner affect chapter five 
 hundred and sixty-five of the laws of eighteen hundred and 
 ninety, known as the railroad law, except as hereinabove ex- 
 pressly provided, or except so far as the provisions of the same 
 conflict with the provisions of this act. Hut nothing in this 
 section contained shall prevent the board of rapid transit rail- 
 
5S 
 
 road commissioners from laying out a route for a railway and 
 constructing a railway, and such board shall have the right to 
 lay out such route and construct such railway, over, under, 
 along or across any street in, along, under or over which there 
 shall be any existing railway, provided that the route so laid 
 out by the said board and the railway so constructed by it 
 shall so pass over or under or at the side of such existing rail- 
 way as not to interfere with its operation. {Laws 1 891, ch. 4, 
 § 34, as am'd by L. 1894, ch. 752, § 9, and by L. 1895, ch. 519, 
 §3L) 
 
 § 65. No railroad shall be constructed or operated upon the 
 surface of any street, avenue or highway in the city of New 
 York under the provisions or authority' of this act. 1 Laics 
 1 89 1, ch. 4, § 35, as anid by L. 1894, ch. 752, § 9.) 
 
 § 66. All acts and parts of acts local or general inconsistent 
 with this act are hereby repealed. {Lazes 1891, ch. 4, § 36, 
 as amd by L. 1894, ch. 752, § 9.) 
 
 ^ 67. This act shall take effect immediately. {Laws 1891, 
 ch. 4, £ 37 ; as anid by L. 1894, ch. 752, § 9.) 
 
 NOTE. — The following sections of the Act of 1894 (Chapter 
 752), do not, in terms, amend any portion of the Rapid Transit 
 Act of 1 89 1, although the whole Act of 1894 is, in fact, an 
 amendment of the earlier statute. These sections are accord 
 ingly numbered with respect to their position in the Act of 
 1894, and without reference to the numbering of the sections 
 in the original act. 
 
 § 11. The commissioners of rapid transit heretofore ap- 
 pointed under the act hereby amended, or who became such 
 commissioners by its terms, upon the organization of the board 
 which shall succeed them pursuant to said act as hereby 
 amended, shall cease to be such commissioners and shall trans- 
 fer and deliver to the board of rapid transit railroad commis- 
 sioners, provided for by the act hereby amended, as so 
 amended, all furniture, books, maps, records, plans and other 
 papers and property of what kind soever appertaining or be- 
 
59 
 
 longing to or in the custody of the board of which they were r 
 commissioners, or in their possession, or under their control as 
 such commissioners, or held by them, or for which they are 
 responsible in their official capacity. The expenses incurred 
 by said commissioners for which an appropriation or appropri- 
 ations shall have been made pursuant to section ten of the act 
 hereby amended, shall be paid upon vouchers to be furnished 
 by said commissioners and otherwise, as provided in said sec- 
 tion. Said commissioners shall also be entitled to receive a 
 reasonable compensation for the services which have been ren- 
 dered by them, which may have been, or which shall be, deter- 
 mined on their application in the manner provided for in said 
 section. The comptroller, or other chief financial officer of 
 said city, is hereby authorized and directed to issue and sell 
 revenue bonds of such city in anticipation of the receipt of 
 taxes, and out of the proceeds of such bonds to pay said com- 
 pensation so ascertained and determined, and the amount 
 necessary to pay the principal and interest of said bonds shall 
 be included in the tax levy of said city for the year next fol- 
 lowing the issue and sale of the same. {New section. Laws 
 1894, c/i. 752, ^ 11. 
 
 § 12. The said board of rapid transit railway commissioners 
 shall cause the question whether such railway or railways shall 
 be constructed by the city and at the public expense, to be 
 submitted to the vote of the qualified electors of the city 
 within which such railway or railways is or are to be con- 
 structed, and to that end it shall be the duty of the said 
 board, after completion of the detailed plans and specifica- 
 tions, as required by the act hereby amended, at least thirty 
 days prior to the next general election, to file with the public 
 officer or officers within the county in which such city is 
 located, who may be charged with the duty of printing the 
 ballots to be used at such election, a request that separate 
 ballots be printed and supplied to such electors, one-halt in 
 number of which shall read : " For municipal construction of 
 rapid transit road," and the other half in number of said bal- 
 lots shall read : " Against municipal construction of rapid tran- 
 sit road." Upon such request being so filed, such ballots shall 
 
60 
 
 be printed and supplied to such electors at such general elec- 
 tion, and separate ballot boxes shall be provided for the recep- 
 tion of the same in each election district within such city, and 
 the provisions of chapter six hundred and eighty of the laws 
 ot eighteen hundred and ninety-two, entitled " An act in rela- 
 tion to the elections constituting chapter six of the general 
 laws," and any act or acts amendatory thereof or supplemental 
 thereto shall apply thereto as far as the nature of the case may 
 allow. No ballot which may be provided under this sectior 
 shall be deemed invalid by reason of any error in dimensions, 
 style of printing, or other formal defect, or through having 
 been dep.osited in the wrong ballot box, but all of such ballots 
 shall be canvassed and returned as if such formal defect ha 
 not existed, or as if they had been deposited in the box pro 
 vided for the purpose. Upon the canvass of such votes by 
 the board of county canvassers of the county in which such 
 city is located, it shall be the duty of said board to file with 
 the county clerk of said county a statement which shall de- 
 clare the total number of votes cast in said city " for municipal 
 construction of rapid transit road," and the total number so 
 cast therein " against municipal construction of rapid transit 
 road." And the said railway or railways shall be constructed 
 by the said city and at the public expense, if it shall be found 
 from such statements so filed that there is a majority of the 
 votes so cast in favor of such municipal construction. {New 
 section, Lazes 1894, ck. 752, § 12.) 
 
 § 13. In case the majority of votes cast at such election 
 shall be in favor of such municipal construction of said railway 
 or railways, it shall be the duty of said board of rapid transit 
 railway commissioners within thirty days after the official 
 • declaration of the said vote to proceed to construct the said 
 railway or railways, and to make and let all contracts required 
 for the performance of the work necessary to be done and per- 
 formed in and about the construction thereof. All such con- 
 tracts must, before execution, be approved as to form by the 
 counsel to the corporation, or other chief legal adviser for said 
 city. {Nciv section, Laws 1894, c/i. 752, $ 13.) 
 
§ 14. This act shall take effect immediately ; except that 
 the building of said road, or the sale of the franchises as pro- 
 vided for in sections seven and thirty-four of the act hereby 
 amended, as so amended, is postponed until, and made de- 
 pendent upon, the determination of that question by the vote 
 of the people as called for by sections twelve and thirteen of 
 his act. {New section. Laws 1894, ch. 752, § 14.)