THE RAPID TRANSIT ACT. 
 
 1891. 
 
Avery Architectural and Fine Arts Library 
 Gift of Seymour B. Durst Old York Library 
 
The Rapid Transit Act. 
 1891. 
 
 CHAP. 4. 
 
 AN ACT to provide for rapid transit railways in cities of 
 over one million inhabitants. 
 
 Approved by the Governor January 31, 1891, Passed, three-fifths being present. 
 
 Tlie People of the State of New York, represented in 
 Senate and Assembly, do enact as folloivs : 
 
 ^/ Section 1. In cities having over one million of inhabi- 
 y tants, according to the last preceeding national or state cen- 
 ' sus, where rapid transit commissioners shall have been ap- 
 pointed since the first day of December, eighteen hundred 
 and ninety under the provisions of chapter six hundred and 
 six of the laws of eighteen hundred and seventy-five, and 
 the amendments thereto, by the mayor of any such city, 
 said commissioners shall become commissioners of rapid 
 transit under the provisions of this act. If no such com- 
 missioners have been appointed since the first day of 
 December, eighteen hundred and ninety, and the date of 
 the passage of this act in any city in this state containing a 
 population of over one million inhabitants, according to the 
 last preceeding national or state census, then the mayor of 
 such city may at any time after the passage of thib act, 
 appoint five persons who shall be residents of such city, 
 who shall be commissioners of rapid transit under the pro- 
 visions of this act. The commissioners thus appointed are 
 hereby constituted a board of rapid transit railroad com- 
 missioners, in and for the city in which they are appointed. 
 They shall have and exercise the specific authority and 
 
powers hereinafter conferred, and also such other and 
 necessary })o\vers as may be requisite to the efficient per- 
 formance of the duties imposed upon the said board by this 
 act. If a vacancy shall at any time occur in any such 
 board of rapid transit railroad commissioners, such 
 vacancy shall be filled by the mayor of the city in wliich 
 said board exists, by the appointment of a citizen of said 
 city, who shall belong to the same political party as did the 
 commissioner whom such appointee succeeds. 
 
 § 2. Within twenty days after the passage of this act, 
 in the case of commissioners who become such by its terms, 
 and within twenty days after their appointment in tlie case 
 of commissioners appointed under its provisions, each of 
 the said . commissioners 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 the county within 
 which said l)oard is appointed. 
 
 ^ 3. Within thirty days after the passage of this act, 
 in the case of commissioners^ who become such by its terms, 
 and within twenty days after their appointment, in the 
 case of commissioners appointed under its provisions, the 
 said commissioners 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 
 an<l duties hereby conferred and imposed, and may from 
 time to time amend tlie same. Four members of the board 
 shall constitute a quorum for the transaction of business, 
 but a less number may. adjourn meetings. The said board 
 shall adopt a seal and keep a record of its i)roceedings, 
 which shall be a public record and be open to insi)ection at 
 all reasonable times. 
 
 ^ 4. The said board upon its own motion may i)roceed, 
 from time to time, to consider and determine whether it is 
 for the interest of the public and of tlie city in which it is 
 appointed, that a rapid transit railway or railways for the 
 conveyance and transportation of ])ersons and property 
 should be estabhslied tlieiein, and upon the recpiest in 
 writing of tlie local authoritic^s of any such city at any 
 time, the said board sliall i)ro(V(Ml fortliwitli to consider and 
 determine the same (questions, and in .each case the said 
 
3 
 
 board shall conduct such an inquest and investigation as 
 may be deemed necessary in tlie premises. If, after 
 such consideration and inquest, the said board shall deter- 
 mine that a rapid transit railway or railways, in addition 
 to any already existing, are necessary for tlie interest 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 
 construction as may be necessary to show the extent to 
 which any street, avenue or other public place is to be en- 
 croached uj^on and the property abutting thereon affected, 
 and the concurrent votes of at least four members of the 
 board shall be necessary for the purpose of determining 
 and establishing such route or routes and plan of construc- 
 tion. The said board, from time to time, may locate the 
 route or routes of such railway or railways over, under, 
 up()n, 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 proi)erty bounded on and the consent 
 also of the local authorities having control of that portion 
 of a street or highway upon which it is proposed to con- 
 struct or operate such railway or railways be first obtained, 
 or in case the consent of such jjroperty 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 hear- 
 ing of all parties interested, and confirmed by the court, 
 that such railway or railways ought to be constructed or 
 0})erated, be taken in' lieu of the consent of such property 
 owners ; except that no public park nor any lands or places, 
 lawfully set apart tor, or occupied by, any public building 
 of any city or county, or of the state of New York, or of 
 the United States, nor those portions of Grand, C^lasson, 
 Franklin avenues and Downing street in the city of 
 Brooklyn, lying between the southei'ly line of Lexington 
 av(Min(' ;md ni )i-t1iei'ly lin(^ of Atlantic avenue, nor that 
 
l)oi'tion of Classon avenue in said city lying between the 
 noitlieily line of Lexington avenue and southerly line of 
 Paik avenue, nor that portion of Washington 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 organ- 
 ized under the provisions of this act for the pur])ose 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 law^ful for said commiss- 
 ioners to locate the route of a railway 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 occupied 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. Nothing in this act shall 
 authorize the construction of an elevated railway on Broad- 
 way south of Thirty-third street, nor on Madison 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 
 the following named streets and places in the city of New 
 York, that is to say : Second avenue below Twenty-third 
 street ; Nassau street ; Printing House square, so called, 
 south of Frankfort street; Park Row, south of Try on row ; 
 Broad street and Wall street. 
 
 § 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 
 conclusions as adopted. It shall be the duty of such com- 
 mon council upon receiving such copy of plans and con- 
 
5 
 
 elusions to appoint a day not less than one week nor more 
 than ten days after the receipt thereof for the consideration 
 Of such i)l;in-; and conclusions, and the said common council 
 sliall, on the day so fixed, proceed witli tlie consideration 
 thereof and may continue an^ adjourn such consideration, 
 from time to time, until a final vote sliall he taken thereon, 
 as hei'einafter provided. Witliin four weeks after the 
 copy of such plans and conclusions adopted by the board 
 of rapid transit railroad commissioners shall have first been 
 received by said common council, a final vote shall be 
 taken thereon, by ayes and nays, in the form of a vote 
 upon a resolution to approve such plans and conclusions, 
 and to consent to the construction of a railway or railways 
 in accordance therewith. Upon the adoption of such 
 resolution''^" a majority vote of all the members of the com- 
 mon council and tlie 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 of 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 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 com- 
 mon council of such city, the approval of the aforesaid 
 plans and conclusions and the consent to tlie construction 
 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 said common council and with 
 like effect. Upon obtaining the approval and consent of 
 the local authorities, as above provided, the said board of 
 rapid transit railroadcommissioners shall 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 j)roposed to construct oi- operate such 
 railway or railways, or any part thereof, shall be ascertained 
 and determined from the assessment-roll of the city in 
 
 * So in the original. 
 
6 
 
 which the said property is situated, confirmed or completed 
 last hefore the local authorities shall have given their con- 
 sent as ahove pi-ovided. If such consents of property 
 owners can not he ohtained, the said hoard 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 rail- 
 way ought to be constructed and operated. Two weeks' 
 notice of such application shall be given by daily imblica- 
 tion thereof in six daily newspapers published in the city 
 where such proposed railway is to be constructed, if there 
 he so many newspapers published in said city, and if not 
 then in all the daily newspapers published in said city. 
 The newspapers in which said publication shall be made, 
 shall be designated by the general term of the supreme 
 court to which such application is to be made on the ap-. 
 plication of the commissioners 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 commissioners 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 ])roi^er, 
 and the evidence taken before as well as after such vacancy 
 occurred shall be deemed to be properly before such com- 
 missioners. The said connnissioners shall determine after 
 j)ublic hearing of all parties interested whether such rail- 
 road ought to be constructed and operated and shall report 
 the evidence taken to said general term, together with a 
 report of their determination whether such road ought to 
 be constructed and operated, which report if in favor of 
 the construction and operation (^f such road shall, when 
 confirmed l)y 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 api>(>intm(Mit of said 
 connnissioners, unless the said coiu't or a jndgc^ tliereof shall 
 extend such time. 
 
i 
 
 § (). When the consents of the local authorities and the 
 / l)roperty owners, or in lieu thereof, the authorization of the 
 said supreme court upon the report of conunissioners, shall 
 have heen ohtained, the hoard of ra})id transit railroad 
 commissioners shall at once proceed to prepare detailed 
 plans and specifications for the construction of such rapid 
 transit railway or railways, including all devices and ap- 
 purtenances deemed hy it necessary to secure the greatest 
 efficiency, puhlic convenience and safety, including plans 
 and specifications for suitahle support, turnouts, switches, 
 sidings, connections, landing places, huildings, platforms, 
 stairways, elevators, telegraph and signal devices and other 
 suitable appliances incidental and requisite to what the said 
 board may a})prove as the 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- x^l^^ced under ground, whenever necessary so to do in 
 order to permit of the proper construction of any railway 
 herein provided for in accordance with the plans and speci- 
 fications of the said board. 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 
 subsurface structure, the work of construction at such 
 points shall be conducted in the city of New York, in ac- 
 cordance with the reasonable requirements and imder the 
 supervision of the commissioner of public works, and in 
 other cities in accordance with the reasonable requirements 
 and under the supervision of the officer or local authority 
 having the care of and the jurisdiction or control over such 
 subsurface structures so interfered with, disturbed or en- 
 dangered. All expenses incidental to such supervision and 
 to the work of reconstructing, readjusting and su]>porting 
 any such sewer, water pipe, gas ])ipe or other duly author- 
 ized subsurface structure shall be borne and i)aid by the 
 company constructing any sucli railway, depressed way, 
 subway or tunnel. 
 
 >^ 7. The said board after having secured the necessary 
 consents and after having prepared such detailed })lans and 
 
8 
 
 specifications as are by this act provided for, 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 franchise to construct, maintain and 
 and operate such railway or railways. Notice of the time 
 and place of such sale shall be published three times a week 
 for at least six successive weeks in at least three daily 
 newspapers published in said city. The board may pres- 
 cribe all such terms and conditions of sale as it may deem 
 to be foi' the interest of the public and of the city in which 
 the railway or railways are to be constructed. The adver- 
 tisement of sale shall contain only so much of the said 
 terms, plans and specifications for the construction as the 
 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 reasonable rules and regulations as the board 
 may prescribe. The terms of sale shall provide for the con- 
 struction of the railway or railways under the supei'vision 
 of the board, and for the approval of an engineer or en- 
 gineers to be appointed from time to time by the board, 
 and the corporation or cori)orations 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 re- 
 quire the successful bidder to deposit with the comi)troller 
 or chief fiscal officer of the city, in cash or approved secur- 
 ities, such amount as the board may deem sufficient to 
 constitute a guarantee of full compHance with the terms of 
 sale by the purchaser and by the corporation to be formed 
 for the purpose of building and operating said railway as 
 hereinafter provided. Said bids and all riglits which may 
 have been acxpiired thereunder sliall 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 com- 
 
9 
 
 plied with before such corporation is organized, and there- 
 upon 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 i)ublic officer witli whom such deposit shall have 
 been made, that said bid and all rights wliich 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 provi- 
 sions of this act regulating such sales. The terms of sale 
 shall require the construction of the road to be begun with- 
 in 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 commencement 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 pur- 
 pose of constructing said railway shall fail to begin or 
 finish the construction within the the'^ times for those pur- 
 poses respectively limited, all rights, privileges and fran- 
 chises of such corporation 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 people, or by said board of rapid transit 
 railroad commissioners, 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 con- 
 structed by such corporation; such suit shall have prefer- 
 ence over all other cases in all courts; and the proceeds of 
 such resale shall be applied first to the payment of the ex- 
 penses 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 fran- 
 chises of a corporation to exercise the same, and to construct, 
 maintain and operate such rapid transit railway or rail- 
 ways ^vith the powers and subject to the duties and 
 
 * So in the original. 
 
10 
 
 liabilities granted or imposed by tins act. The said terms 
 of sale must also specify the amount of the capital of 
 any such corporation, and nunjber of shares of capital 
 stock which such corporation shall be authorized to 
 issue, the percentage to be paid in cash by the sub- 
 scribers 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 mort- 
 gage upon its property and franchises, and the maximum 
 rates of fares and freight which such corporation may 
 charge and collect for the carriage of persons and property. 
 The said board may, if it considers that the ])ublic interest 
 requires it to do so, reject all all- bids and readvertise the 
 said rights, privileges and franchises for sale, with the 
 same or different terms of sale, as often as it may deem 
 necessary in the interest of such city, and shall finally 
 accept that l)id, which under all circumstances in its 
 opinion is most advantageous to tlie jniblic and such city ; 
 and no bid shall be accepted without the concurrent vote 
 of four 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 expira- 
 tion of the term, if sold for a term of years, shall not 
 impair any mortgage or other lien upon the i)roperty of 
 such cori)()ration or the rights of any creditor or creditors 
 of such corporation ; provided, liowever, that nothing 
 herein contained sliall be so construed as to extend the 
 term for wliich such rights, privileges and francliises are 
 sold. 
 
 ^ ^. Within one year, and not less than six months, 
 prior to the exi)iration of any term for which sucli l iglits, 
 privileges and franchises shall have been sold, said board 
 shall i)roceed to resell the i-ight to maintain and operate 
 the said railway. Such sale shall be made in the mamier 
 pi-escril){Ml for tlie original sale, and the board is empowered 
 to mak(i suitable ])rovisi()ns for securing to the corpoiation 
 then operating such lailway or lailways suitable compen- 
 sation for the railroad structure and appurtenances, and 
 
 * So in the original. 
 
11 
 
 for any other property, real or personal, whicli the said 
 cori)oration may own or of which it may be vested at the 
 ex})iration of the term for which such rights, privil(^j;x\s 
 and franchises were sold. Any corporation theretoioi r or- 
 ganized under the provisions of this act may he a purchase!" 
 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 organization of 
 a corporation on the original sale, except tliat 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. 
 
 >^ 9. The said board, by the concurrent vote of four 
 members thereof 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 
 performance by it of its duties as in this act prescribed. 
 
 ^ § 10. The board of estimate and apportionment, or 
 other board or public body on which is imposed the duty 
 and in w^hich is vested the power of making appropriations 
 of public moneys for the purposes of the city government 
 in any city in w^hich it is proposed to construct such rail- 
 way or railways, shall, from time to time, on requisition 
 duly made by the board of rapid transit railroad commis- 
 sioners, api)roi)riate such sum or sums of money as may be 
 requisite and necessary to properly enable it to do and per- 
 form or cause to be done and performed the duties herein 
 prescribed. And such appropriation shall be made forth- 
 with 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 apportion- 
 ment or such other board or public body fail to appropriate 
 such amount as the' board of rapid transit railroad commis- 
 sioners deem requisite and necessary, the said board of l apid 
 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 l^ody aforesaid, to determine what amount sliall 
 
12 
 
 be appropriated for the purposes required by this section, 
 and tlie decision of said general term sliall be final and con- 
 clusive. And no city shall be hable for any indebtedness 
 incurred by the said boaid of rai)id transit railroad com- 
 missioners in excess of such appropriation or ai)pro])riations. 
 It shall be the duty of the auditor and comi)troller of any 
 such city, after such appropriations sliall have been duly 
 made, to audit and i)ay the proper expenditures 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 purpose of providing 
 funds with which to pay the said sums, the comptroller of 
 said city is hereby authorized and directed to issue and sell 
 revenue bonds of such city in anticipation of I'eceipt of 
 taxes and out of the proceeds of such bonds to make the 
 payments in this section requred to be made. And the 
 amount necessary to pay the principal and interest of such 
 bonds shall be included in the estimates of moneys neces- 
 sary 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 so incurred and paid by any city as 
 in this section provided, and for Avhich 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 provided whose bid shall be acce])ted by the 
 board of rapid transit railroad commissioners, and the 
 terms of such sale sltall specify tlie tinu^ when such pay- 
 ment shall be made, as well as the amount thereof. The 
 commissioners shall be paid a reasonable compensation for 
 the duties performed by them in relation to each railway 
 located by them und^.r the provisions of this act. Tlie 
 amount of such compensation shall be determined by the 
 general term of the supreme court in the department in 
 which the railway is to be located u])on ai)plicati()n by the 
 board of rapid transit railroad commissioners after notice 
 to th(^ mayor of the city in whicli the railway is to be built. 
 The amount of such com])(^nsation shall be stated in the 
 terms of sale and shall be i)aid by the ])urchaser. 
 
13 
 
 § 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 man- 
 ner following : Articles of association shall l)e 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 pro- 
 visions 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 four members, and its 
 approval 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 certified copy, or a duplicate thereof, must be 
 filed in the office of the clerk of the county in whicl i such 
 railway or railways are to be constructed. Immediately 
 after the articles of association shall have been so made, 
 approved and filed, the board of rapid transit railroad com- 
 missioners 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 l)y not less than fifty persons, and such per- 
 centage of the amount subscribed as may have been fixed 
 by the board in tht3 terms of sale shrill 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 organizing the corporation, serving upon 
 or mailing to each subscril)er 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 
 
14 
 
 accepted by the said board of rapid transit railroad com- 
 missioners shall, if they elect to become subscribers to the 
 capital stock of such cori)orati()n, be entitled to a prefer- 
 ence for themselves and their associates in subscribing for, 
 and in the allotment of the shares of capital stock of such 
 corporation. 
 
 § 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 railroad commissioners shall appoint the the* in- 
 spectors of the first election. Each share of stock shall en- 
 title the holder to one vote for each director. The directoi-s 
 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 : 
 
 1. The term of office of the directors elected at any 
 subsequent 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 stock- 
 holders. 
 
 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 tlieir 
 election by the directors, and their duties and powers, and 
 among which officers there sliall 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 nonpayment of calls and for such other matters as 
 may be deemed proper by the board of rapid transit rail- 
 
 * So iu the original. 
 
 ll 
 
15 
 
 road commissioners and they nuist be approved hy a resolu- 
 tion of said board. 
 
 § 13. Within ten days after tlie said subscribers' meet- 
 ing a record of the proceedings thereof, containing a copy 
 of the subscrii)tion hst, a copy of tlie 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 signa- 
 ture 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 ofiice 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 rail- 
 way or railways are to be built, and thereupon and upon the 
 payment to the state treasurer 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 organiza- 
 tion of such corporation in all courts 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 
 corporation shall repay to the purchaser or purchasers at 
 the sale provided for in section seven of this act, the ex- 
 penses paid by him or them to the city pursuant to the 
 provisions of the terms of sale, witli interest to the date of 
 such re-payment. 
 
 ^ 14. The said board of rapid transit railroad commis- 
 sioners, if, in their judgment, the pid)lic interest requires, 
 may, at any time after the full organization of any such 
 corporation, by the concurrent vote of four members, 
 authorize such corporation to alter or add to the detailed 
 plans and specifications contained in its articles of associa- 
 
16 
 
 tion, 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 approved by a vote 
 of two-thirds of the directors of said corporation present 
 and voting at any special meeting duly called for the pur- 
 pose, by written notice stating the nature of the business 
 to be transacted at said meeting. When sucli authorization 
 by the board of rapid transit railroad commissioners shall 
 have been given, a certificate shall be prepared, and ac- 
 knowledged 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 specifications as are to be affected by the modifi- 
 cation, and also the plans and specifications as modified. 
 There shall also be contained in sUch certificate a declara- 
 tion of the approval of said board of rapid transit railroad 
 commissioners, attested in the same manner as the certifi- 
 cate 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 thereof shall be 
 filed in the office of the clerk in wliich the articles of asso- 
 ciation are filed. And thereupon said corporation shall be 
 authorized to construct its railway or railways and appur- 
 tenances in accordance with such modified plans and 
 specifications. 
 
 § 15. Every corporation organized under tliis act shall 
 have its principal office and be taxed on its property in the 
 city where its railway or railways are situated. 
 
 § 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 stockliolders 
 voting at sucli election, in such manner as may be pres- 
 cribed in the by-laws of the corporation, and they may and 
 shall continue to be dii'ectors until others are elected in their 
 places. In the election of directors, each stockholder sliall 
 be entitled to one vote for each share of stock held by liim. 
 Vacancies in the board of directors shall Ix^ filUnl in such 
 
 J 
 
17 
 
 manner as shall be prescribed by the by-laws of the cor- 
 poration. No person shall be a director unless he shall be 
 a stockholder owning one hundred shares of stock absolutely 
 in his own liglit. 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 cori)()i-ation sludl be 
 exhibited to the meeting, provided a majority of the stock- 
 holders present shall require it. 
 
 ^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. 
 
 § IS. Each stockholder of any corporation formed un- 
 der this act shall be individually liable to the creditors of 
 such cori)oration, to an amount equal to the amount unpaid 
 on the stock held by him, for all the debts and liabilities of 
 such corporation, until the whole amount of the capital 
 stock so held by him shall have been paid to the corpora- 
 tion; and all the stockholders of any such corporation shall 
 be jointly and severally 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 executions shall be returned 
 unsatisfied in whole or in part against the corporation, and 
 the amount due on such execution or executions shall l)e 
 the amount receiverable, with costs, against such stock- 
 holders; 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 reco\'ery by such laborer or servant shall have been 
 had, shall have a right to recover the same of the other 
 stockholders in said corporation, in ratable proportion to 
 the amount of the stock they shall resi)ectively hold. 
 
 § The stock of every corporation formed under this 
 act shall be deemed personal estate, and shall be transfer- 
 
18 
 
 able in the manner prescribed by the by-laws of the com- 
 pany, but no share shall be transferable until all previous 
 calls thei'eon shall have been fully |)aid in. 
 
 § 20. Any corpoi-ation formed under this act may in- 
 crease or reduce its capital stock from time to time upon ob- 
 taining the approval of the board of rapid transit railroad 
 commissioners l)y a concurrent vote of four 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 stock- 
 holders called by the directors of the corporation for that 
 purpose, by a notice in 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 ot the 
 approval of said board of rapid transit railroad commis- 
 sioners attested in the same manner as the certificate of 
 full organization. 
 
 § 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 holding the same, and shall be liable as a 
 stockholder accordingly; and the estate and funds in the 
 hands of such executor, administrator, guardian or trustee 
 shall be liable in like manner, and to the same extent, as 
 the testator or intestate or tlie ward or person interested in 
 such trust fund would have been if he had been living and 
 comi)etent to act, and held the same stock in his own 
 name. 
 
 § 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 
 
19 
 
 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 there- 
 upon become liable to pay such laborer the amount so 
 due him for such labor, and an action may l)e main- 
 tained against said corporation therefor. Such notice 
 shall be given by said laborer to said corporation with- 
 in twenty days after the performance of the ninnber of 
 d^ys' labor for which the claim is made. Such notice shall 
 be in writing, and shall state the amount and number of 
 days' labor, and the time when the same was performed 
 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 
 sucii 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 commenced within thirty days after notice is 
 given to such company by such laborer as above provided. 
 
 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 rail- 
 way, or railways, and such as may be necessary for stations, 
 depots, engine-house, car-liouses, machine-shops, and other 
 appurtenances specified in the articles of association ; and in 
 case any such coi-poration can not agree with the owner or 
 owners of such property it shall have the right to ac(iuire 
 title to the same in i)ursuance of the terms of and in the 
 manner prescribed in title one of chapter twenty-three of 
 the Code of Civil Procedure, known as th(^ condemnation 
 law. 
 
 ^ 24:. Every corporation formed under this act shall 
 have power : 
 
 ]. To take and hold such voluntary grants of real es- 
 tate and other property as shall be made to it, to aid in the 
 construction, maintenance and accommodation of its rail- 
 
20 
 
 way 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, 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 
 and other acconnnodations necessary to accomplish the ob- 
 jects of its incorporation ;. but nothing hei-ein contained 
 shall be held as repealing or in any way affecting the act 
 entitled An act authorizing the construction of railroa*ds 
 upon Indian lands," passed May twelve, eighteen hundred 
 and thirty-six. 
 
 3. To cross, intersect, join and unite its railway or rail- 
 ways Avith any other railway before constructed at any 
 point on its route, and upon the grounds of such other rail- 
 way company, with the necessary turnouts, sidings and 
 switches and other conveniences in furtherance of the ob- 
 jects of its connections. And. every corporation whose 
 railway is or shall be hereafter intersected by any new rail- 
 way shall unite with the owners of such new railway in 
 forming such intersertions and connections, and grant the 
 facilities aforesaid ; and if the two corporations can not 
 agree upon the amount of compensation to be made there- 
 for the same shall be ascertained and deternined by 
 commissioners to be appointed by the court, in the manner 
 provided in this act in respect to acquiring title to real es- 
 tate. And if tlie two cori)orations can not agree upon the 
 points and manner of such crossings and connections, the 
 board of rapid transit railroad connnissioners sliall deter- 
 mine the same on the api)lication of either cori)()ration. 
 
 4. To take and convey persons and property on its rail- 
 way or railways by the power or force of steam, or by any 
 motor other than animal i)ower, and to receive compensation 
 therefor not inconsistent with the provisions of this act and 
 the terms of sale under which the said cor])()ration shall 
 have acquired its rights, ])rivileges, and franchises. 
 
 5. To enter upon and underneath the several streets, 
 avenues public places and lands designated by the said board 
 of rapid transit I'ailroad commissioners, and enter into and 
 ui)()n the soil of the same; to construct, maintain, operate 
 and use, in a('cordance with the plan adopted by said board 
 
■ 
 
 '21 
 
 a railway or railways 111)011 the route or routes and to the 
 points decided upon, and to secure the necessary founda- 
 tions and erect the coluins, piers and other structui-es which 
 may be required to secure safety and stabihty in tlie con- 
 struction and maintainance of the railways constructed upon 
 the plan adopted by the said board and which may be nec- 
 essary for operating the same; except that nothing in this 
 act shall authorize the construction of a railway crossing 
 the track of any steam railway now in actual operation at 
 the grade thereof, or the erection of piers or supports for 
 any elevated railway upon a railway track now actually in 
 use in any street or avenue; and it shall be lawful to make 
 such excavations and openings along the route through . 
 such railway or railways shall be constructed as shall be 
 necessary from time to time; in all cases the surface of said 
 streets around such foundations, piers and colums 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 railway 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 pubhc 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 temporary privi- 
 leges as the proper authorities may grant to such corpora- 
 tions 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 
 any amount sO borrowed, but the amount of such bonds 
 outstanding at any one time shall not exceed the amount 
 hmited by the articles of association. 
 
 § 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 ahadge, which shall indicate his 
 office, and the initial letter of the style of the corporation 
 hy which he is employed. No conductor or collector, with- 
 out such hadge, 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. 
 
 § 26. Any such corporation 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 there- 
 . for, and as to the time, rate of speed, manner and condi- 
 tions of carrying the same, it shall be lawful for the 
 governor of this state to appoint 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 afore- 
 said ; hut 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 trams, 
 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 pas- 
 senger trains are run, the corporation shall furnish an ex- 
 tra train for the mail, and be allowed an extra com])ensa- 
 tion for the expenses and wear and tear thereof, and for 
 the service to be fixed as aforesaid. 
 
 § 27. If any passenger shall refuse to pay his fare, it 
 shall be lawful for the conductor of the train and the ser- 
 vants of the corporation to put him and his baggage out of 
 the cars, using no unnecessary force, at any usual stopping 
 place, on stopi)ing the train. 
 
 g 28. Every such corporation shall start and run its 
 cars for the trans])ortation of passengers and property at 
 regular times, to be fixed by public notice ; and shall furnish 
 sufficient accommodations for the transportation of all 
 such ])ass(^ngers and property as shall, within a reasonable 
 time previous thereto, be ofi'ered for transportation at the 
 place of starting and the junction of other railroads, and at 
 
23 
 
 usual stopping places established for receiving and dis- 
 charging way passengers and freight for that train ; and 
 sliall take, traiisi)ort and discharge such passengers and 
 property at, from and to such })laces, on the due payment 
 of the freight or fare legally authorized therefor ; and shall 
 be liable to the party aggrieved in an action for damages, 
 for any neglect or refusal in the premises. 
 
 § 29. If any i)erson sliall, wliile in charge of a locomo- 
 tive engine running upon the railway of any such corpora- 
 tion, 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. 
 
 § 30. If any person or persons shall willfully do, or 
 cause to be done, any act or acts whatever, whereby any 
 building, construction or work of any railway corporation, 
 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 per- 
 sons so offending shall be guilty of a misdemeanor, and 
 shall forfeit and pay to the said corporation treble the 
 amount of damages sustained in consequence of such 
 offense. 
 
 § 31. The legislature may, at any time, annul or dis- 
 solve any corporation formed under this act ; but such disso- 
 lution 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. 
 
 § 32. The said board of rapid transit railroad commis- 
 sioners 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 any 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 all the members of said board fix and determine the 
 route or routes by which any such railway company may 
 connect with ot4ier steam railways, or the stations thereof, 
 or with steam ferries, or may extend its lines within said 
 city and may authorize any such railway company to lay 
 an additional tiack or tracks on, above, under or contiguous 
 to a portion or the whole of the route or routes of its rail- 
 way or railways within said city and to acquire terminal or 
 
24 
 
 other facilities necessary for the accommodation of the 
 travehng pubhc on any street or place except the place now 
 known as Battery park on which said railway shall be 
 located; and the said board shall fix and determine the loca- 
 tions and plans of construction of the railways upon such 
 route or routes and of such tracks and facilities, the times 
 within which they shall be respectively constructed, the 
 compensation to be made therefor to the city by said rail- 
 way company, and such other terms, conditions and re- 
 quirements as to the said board may ai)pear just and proper. 
 A certificate shall be prepared by the said board, attested by 
 its seal and the signatures of its presiding officer, setting 
 forth in detail the action taken by the said board with res- 
 pect to such connecting or extended route or routes and 
 such tracks and facilities, and the terms, conditions and 
 requirements aforesaid. Such certificates shall be delivered 
 to said railway corporation upon the receipt by said board 
 of a written acceptance of said terms, conditions and re- 
 quirements, 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 railways of said railway cori)ora- 
 tion are situated, and thereupon, and upon fulfillment by 
 such railway corporation, so far as it relates to such con- 
 nections, additional track or tracks, or facilities, of such of 
 the requirements and conditions as are necessary to be ful- 
 filled in such cases, under section eighteen of article three 
 of the constitution of this state, and upon fulfillment by 
 such railway corporation of such other terms, conditions 
 and requirements enumerated in said certificate, as the said 
 board may reauire 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 i)ow- 
 ers conferred by this act upon corporations specially form- 
 ed thereunder, with res])ect to its railways authorized to be 
 constructed as aforesaid, and when any route or routes, 
 additional track or tracks, or terminal or other facili- 
 ties, shall be so fixed and determed, and a certificate as 
 aforesaid shall have been duly filed, such railway com- 
 pany may construct the same with all the rights, and 
 
25 
 
 with like effect as though the same had been a 
 part of the original route of its railway then in actual 
 operation. But the construction and ()})eration of such 
 connections, extensions, additional track or tracks, or 
 facilities, are hereby authorized only u})on the condition 
 that the consent of the owners of (me-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 con- 
 struct 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 tlie same notice si)ecified in 
 section five of this act, appoint three commissioners, who 
 shall determine after a hearing of all ])arties interested, 
 whether the same ought to be constructed or operated, and 
 their determination, confirmed by the court, may be taken 
 in lieu of the consent of the proi)erty owners. 
 
 § 33. Wherever the route selected by the said board of 
 rapid transit railroad commissioners for the construction 
 of such railway shall intersect, cross or coincide with any 
 railway track or tracks occupying the surface of any street 
 or avenues, any coi'poration oi'ganized under this act is 
 hereby authorized, for the purpose of constructing the 
 said work, to remove the track or tracks of any such sur- 
 face railway or railways, 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 
 railways, and upon the construction of such railway built 
 under and in conformity with the provisions of this act, 
 where such removals or changes have been made, the same 
 shall be restored, 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 
 damage which such company or companies may sustain, 
 shall be ascertained by a commission to be ai)pointed the 
 same as in the case where lands are taken for the purposes 
 of a railway route or routes as herein! )ef ore i)r()vided in 
 this act. All such removals and restorations shall be made 
 at the proper cost and charge of such corporation as may 
 
26 
 
 have entered upon the occupancy of such street or streets. 
 Nothing contained in this act shall authorize any corpora- 
 tion form ed th ereunder to use the tracks of any horse 
 railway. ^ J i 
 
 § 34. This act shall not he construed to repeal or in any 
 manner 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 railways 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 rail- 
 road law, except so far as the said acts, or either of them, 
 would if this act had not heen passed, authorize the ap- 
 pointment hereafter of any commissioners apphed 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 
 containing a population of over one million inhahitants, 
 according to the last proceeding 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 roules, 
 pursuant to the provisions of either of said acts. This act 
 shall not he 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 acquiivd, exercised or en- 
 joyed hy any corporation heretofore duly incori)orated and 
 organized or deriving ])()Avers 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 ac(fuired or hen^tofore autliorized to he ac(iuired, 
 exercised or enjoyed hy any street surface railroad corpora- 
 tion, except as herein otherwise expressly provided, and 
 this act shall not he construed to repeal or in any manner 
 affect clui])ter one hundred and forty of the laws of eighteen 
 hundred and fifty, entitled "An act to authorize the for- 
 mation of railroad corporations, and to regulate the same,'' 
 or (Mth(4" of the several acts amendatory thereof or suple- 
 mentary thereto. Tliis act shall not he construed to repeal 
 or in any manner affect chapter five hundred and sixty- 
 
five of the laws of eighteen huiKh-ed and ninety, known as 
 the railroad law, except hereinabove exi)ressly i)r()vided, or 
 except so far as the provisions of tlie same confHct with 
 the provisions of this act. 
 
 § 35. No railroad shall be constructed or operated upon 
 the surface of any street, avenue or highway in the city 
 of New York under the jn'ovisions or authority of this act. 
 
 § 36. All acts and parts of acts local or general incon- 
 sistent with this act are hereby repealed. 
 
 § 37. This act shall take effect immediately. 
 
 I State of New York, ) _ 
 Office of the Secretary of State. \ ' 
 
 I have compared the preceding with the original law on file in this office, and 
 do hereby certify that the same is a correct transcript therefrom and of the whole 
 of said original law. 
 
 FRANK RICE, 
 
 Secretary of State. 
 
28 
 
 Whereas^ On the 23d day of December, 1890, application was 
 made to me, Hugh J. Grant, Mayor of the City of New York, by 
 George P. Read and others, being more than fifty reputable house- 
 holders and taxpayers of the City and County of New York, which 
 said application was duly verified upon oath before a justice of the 
 Supreme Court, by which it appears that there is need in the City 
 and* County of New York of a steam railway or railways for the 
 transportation of passengers, mails and freight, and by which I am 
 requested in pursuance of the provisions of Chapter GOO of the 
 Laws of 1875, and the several acts amendatory thereof to appoint 
 five commissioners, who shall be residents of the said City and 
 County of New York, and who shall have full power and authority 
 to do and provide all that they are directed to do and provide by 
 the said Act of 1875; and 
 
 Whereas^ It is provided in and by the first section of the said 
 Chapter 600 of the Laws of 1875, that upon the presentation of 
 such an application to the mayor of any city in this State whenever 
 a proposed' railway shall be wholly within the limits of the said city, 
 such mayor shall appoint such commissioners. 
 
 No7t\ therefore, I, the' said Hugh J. Grant, Mayor of the City c»f 
 New York, within thirty days after the presentation to me of the 
 said application, do hereby appoint William Steinway, John H. 
 Starin, Samuel Spencer, Eugene L. Bushe and Frederick P. Olcott, 
 each of whom is a resident of the City and County of New York, as 
 commissioners with full power and authority to do and provide all 
 that they are directed to do and provide under the provisions of the 
 said Act, Chapter 000 of the Laws of 1875, and the various acts 
 amendatory thereof. 
 
 In witness whereof, I have hereunto set my hand in this the City 
 of New York, on the 23d day of December in the year of our Lord 
 one thousand eight hundred and ninety. 
 
 HUGH J. GRANT, 
 
 Mayor. 
 
 State of New York, ) 
 City and County of New York, \ 
 
 I, LEONARD A. GIEGERICH. Clerk of the said City and 
 County, and Clerk of the Supreme Court of said State for said 
 County, do certify, that I have compared the preceding with the 
 original appointment of Commissioners William Steinway, John H. 
 Starin, Samuel Spencer, Eugene L. Bushe, and Frederick P. Olcott, 
 by the Mayor of the City of New York, under Chapter 000 of the 
 Laws of 1875 (filed December 24, 1890), on file in my office, and 
 that the same is a correct transcript therefrom, and the whole of 
 such original. 
 
 In witness whereof, I have hereunto subscribed my name, and 
 affixed my official seal, this 3Gth day of February, 1891. 
 
 fsEAL.l LEONARD A. GIEGERICH, 
 
 Clerk. 
 
29 
 
 CITY AND COUNTY OF NEW YORK, ss : 
 
 I, WILLIAM STEIN WAY, one of the Commissioners ap- 
 pointed by the Mayor of the City of New York, under the pro- 
 visions of Chapter GOG of the Laws of 1875 by appointment dated 
 the twenty-third day of December, 1890, do solemnly swear that I 
 will support the Constitution of the United States and the Consti- 
 tution of the State of New York, and that I will faithfully discharge 
 the duties of the office of Commissioner aforesaid, according to 
 the best of my ability, and that I will faithfully perform the duties 
 of mv office. 
 
 WILLIAM STEINWAY. 
 
 Sworn to before me this 29th \ 
 day of December, 1890. f 
 
 WM. J. DUGGET, 
 
 Comr. of Deeds, 
 
 N. Y. County. 
 
 Kjiow all )ne?i by these presents: That we, William Steinway» 
 Oswald Ottendorfer and the American Surety Company of New 
 York are held and firmly bound unto the People of the State of New 
 York, in the penal sum of twenty-five thousand dollars (§25,000), 
 lawful money of the United States of America, to be paid unto the 
 said People of the State of New York. 
 
 For which payment well and truly to be made and done, we 
 bind ourselves, our heirs, executors, administrators, successors and 
 assigns, jointly and severally firmly by these presents. 
 
 Sealed with our seals and dated this 29th day of December, in 
 the year of our Lord eighteen hundred and ninety. 
 
 WJureaSy the above bounden William Steinway has been duly 
 appointed to the office of a Commissioner under the provisions of 
 Chapter GOG of the Laws of 1875. 
 
 Now the condition of this obligation is such that if the above 
 bounden William Steinway shall in all things well, truly and faith- 
 fully perform the duties that may be legally required of him to per- 
 form and do, during his continuance in the said office of a Commis- 
 sioner, under the provisions of Chapter GOG of the Laws of 1875, 
 then this obligation to be void ; otherwise to remain in full force 
 and virtue. 
 
 WILLIAM STEINWAY, [si ai,.] 
 
 OSWALD OTTENDORFER, [seal] 
 AMERICAN SURETY COMPANY, [seal.] 
 By HENRY D. LYMAN, 
 
 Vice- President. 
 ' ■ FRED. F. NUGENT, 
 
 Secretary. 
 
 Sealed and delivered in the presence of 
 
 WM. J. DUGGETT as to 
 
 OSWALD OTTENDORFER and WM. STEINWAY. 
 H. S. HINTOX as to 
 
 AM. S. CO. 
 
30 
 
 State of New York. ) 
 
 ' ss ' 
 
 City and County of New York, \ 
 
 OSWALD OTTENDORFER, in the within bond named, being 
 duly sworn, doth depose and say : That he is a resident of and 
 freeholder within this State, and that he is worth the sum of fifty 
 thousand dollars ($50,000), over and above all the debts and liabili- 
 ties which he owes or has incurred, and exclusive of property ex- 
 empt by law from levy and sale under an execution. 
 
 OSWALD OTTENDORFER. 
 
 Sworn to before me this 29th ) 
 day of December, 1890, j 
 
 WM. J. DUGGETT. 
 
 Commissioner of Deeds, 
 
 N. Y. Co. 
 
 State of New York, ) 
 
 ' V ss ' 
 
 City and County of New York, \ ^ " 
 
 On this 29th day of December, 1890, before me, a Commissioner 
 of Deeds, personally appeared the above named William Steinway 
 and Oswald Ottendorfer, known to me to be the same persons de- 
 scribed in and who executed the above bond, and they severally 
 acknowledged to me that they executed the same. 
 
 WM. J. DUGGETT, 
 
 Commissioner of Deeds, 
 
 New York County. 
 
 STATE CITY AND COUNTY OF NEW YORK, ss.: 
 
 On this 30th day of December, 1890, before me personally ap- 
 peared Henry D. Lyman, Vice-President of the American Surety 
 Company, with whom I am personally acquainted, who being by me 
 duly sworn, said that he resided in New York Ciiy and that he is 
 the Vice-President of the American Surety Company of New York; 
 that he knew the corporate seal of said Company ; that the seal 
 affixed to the foregoing instrument is such corporate seal ; that it 
 was affixed by an order of the Board of Directors of said Company, 
 and that he signed said instrument as Vice-President of said Com- 
 pany by like authority, and that the liabilities of said Company do 
 not exceed its assets as ascertained in the manner provided in Sec- 
 tion 3, Chapter 480 of the Session Laws of 1881 ; and the said 
 Henry D. Lyman further said that he was accjuainted with Fred. F. 
 Nugent, and knew him to be the Secretary of said Company that 
 the signature of said Fred. F. Nugent, subscribed to the said 
 instrument is in the genuine handwriting of the said Fred. F. 
 Nugent, and was thereto subscribed by the like order of the said 
 Board of Directors, and in the presence of him, the said Henry B. 
 Lyman, Vice-President. 
 
 11. G. HINTON, 
 Notary Public, 
 Kings County, N. Y. 
 
 Certificate filed in New York Co. 
 
•31 
 
 At a meeting of the Board of Directors of the American Surety 
 Company, held at the office of the Company, on the 9tli day of 
 June, 188C, on motion it was 
 
 Ke solved, That in pursuance of Chapter 41G, I^aws of 1886, 
 amending Section 811 of the Code of Civil Procedure, the Presi- 
 dent or Vice-President be and either of them is hereby authorized 
 and empowered to sign, execute and deliver any and all bonds and 
 undertakings for and on behalf of the Company, and to attach 
 thereto the seal of the Company, the same to be attested by the 
 Secretary or Assistant Secretary." 
 
 CITV AND COUNTY OF NEW ^'ORK,ss.: 
 
 I, FREDERICK F. NUGENT, Secretary of the American 
 Surety Company, have compared the foregoing resolution with the 
 original thereof, as recorded in the Minute Book of the said Com- 
 pany, and do certify that the same is a correct and true transcript 
 therefrom, and the whole of said original resolution. 
 
 Given under my hand, and seal of the Company at the City of 
 New York, this 29th day of December, 1890. 
 
 [seal.] FRED. F. NUGENT, 
 
 Secretary. 
 
 State of New York, ) 
 City and County of New York, j ^^'^ 
 
 I, LEONARD A. GEIGERICH, Clerk of the said City and 
 County, and Clerk of the Supreme Court of said State for said 
 County, do certify, that I have compared the preceding with the 
 original bond (filed and recorded January 2, 1891) and oath of office 
 (filed January 2, 1891,) of William Steinway as a Commissioner 
 under C^hapter 006, Laws of 1875, on file in my office, and that the 
 same are correct transcripts therefrom, and the whole of such 
 originals. 
 
 In witness whereof, I have hereunto subscribed my name, and 
 affixed my official seal, this 26th day of February, 1891. 
 
 [seal ] LEONARD A. GIEGERICH, 
 
 Clerk. 
 
 [ENDORSED.! 
 
 William Steinway and others to the People of the. State of New 
 York. Bond of Commissioner under Chapter 606 of the 
 Laws of 1875. ' Approved — Abm. R. Lawrence, Justice 
 Supreme Court, January 2, 1891. 
 
 CITV AND COUNTY OF NEW YORK, ss.: 
 
 I, JOHN H. STARIN, one of the Commissioners appointed by 
 the Mayor of the City of New York, under the provisions of 
 Chapter 606 of the Laws of 1875, by appointment, dated the 
 twenty-third day of December, 1890, do solemnly swear that 
 
32 
 
 I will support the Constitution of the United States and the Con- 
 stitution of the State of New York, and that I will faithfully dis- 
 charge the duties the office of Commissioner aforesaid, according to 
 the best of my ability, and that I will faithfully perform the duties 
 of my office. 
 
 JOHN H. STARIN. 
 
 Sworn to before me this 30th ) 
 day of December, 1890. ) 
 HORACE B. FREEMAN, 
 Notary Public, 
 
 City and County of New York. 
 
 Knoiv all men by these presents : That we, John H. Starin, Sam. 
 Sloan and Percy R. Pyne, are held and firmly bound unto the 
 People of the State of New York in the penal sum of twenty-five 
 thousand dollars, lawful money of the United States of America, 
 to be paid unto the said People of the State of New York. 
 
 For which payment, well and truly to be made and done, we 
 bind ourselves, our heirs, executors, administrators and assigns 
 jointly aiid severally firmly by these presents. 
 
 Sealed with our seals, and dated this 30th day of December, in 
 the year of our Lord eighteen hundred and ninety. 
 
 JVhereas, The above bounden, John H. Starin, has been duly 
 appointed to the office of a commissioner under the provisions of 
 Chapter 006 of the Laws of 1875, 
 
 Now the condition of this obligation is such that if the above 
 bounden John H. Starin shall in all things well, truly and faithfully 
 perform the duties that may be legally required of him to perform 
 and do, during his continuance in the said office of a commissioner 
 under the provisions of Chapter 600 of the Laws of 1875, then this 
 obligation to be void; otherwise to remain in full force and virtue. 
 
 JNO. H. STARIN, 
 SAM. SLOAN, 
 PERCY R. PYNE. 
 
 Sealed and delivered ia the presence of 
 L. R. MILLER. 
 
 SEAL. 
 SEAL. 
 SEAL. 
 
 State of New York, 
 
 ' ^ ss. 
 
 City and County of New York, \ 
 
 SAMUEL SLOAN, in the within bond named, being duly 
 sworn, doth depose and say: That he is a resident of and freeholder 
 within this State, and that he is worth the sum of fifty thousand 
 dollars (§50,000), over and above all the debts and liabilities which 
 he owes or has incurred and exclusive of property exempt by law 
 from levy and sale under an execution. 
 
 SAM. SLOAN. 
 
 Sworn to before me this 30th | 
 day of December, 1800. S 
 LUDLOW R. MILLER, 
 Notary I'ublic, 
 
 Appointctl from Kings County. 
 
 Certificate filed in New York Count v. 
 
33 
 
 State of New York, / 
 City and County of New York, ) ^ " 
 
 PERCY R. PYNE, in the within bond named, being duly sworn, 
 doth depose and say: That he is a resident of and freeholder within 
 this State, and that he is worth the sum of fifty thousand dollars 
 ($50,000), over and above all the debts and liabilities which he owes 
 or has incurred, and exclusive of property exempt by law from levy 
 and sale under an execution. 
 
 PERCY R. PYNE. 
 
 S\\T)rn to before me this 30th ) 
 day of December, 1890. . f 
 LUDLOW R. MILLER, 
 Notan- Public,. 
 
 Appointed from Kings County. 
 
 Certificate filed in New York Countv. 
 
 State ok New York, / . 
 City and County of New York, f ^^'^ 
 
 On this 30th day of December, 1890, before me, a notary public, 
 personally appeared the above-named John H. Starin, Samuel 
 Sloan and Percy R. Pyne, known to me to be the same persons de- 
 scri^bed in, and who executed the above bond, and they severally 
 acknowledged to me that they executed the same. 
 
 LUDLOW R. MILLER, 
 Notary Public, 
 
 Appointed from Kings Co. 
 
 Certificate filed in New York County. 
 
 State of New York, / 
 
 ss " 
 
 City and County of New York, \' " " 
 
 I, LEONARD A. OIEGERICH, Clerk of the said City and 
 County, and Clerk of the Supreme Court of said State for said 
 County, do certify, that I have compared the preceding with the 
 original bond (filed and recorded January 2, 1891,) and oath of 
 office (filed January 2, 1891,) of John H. Starin as a Commissioner 
 under Chapter 60«i, Laws 1875, on file in my office, and that the 
 same are correct transcripts therefrom, and the whole of such 
 originals. 
 
 /// 7i'itness whereof^ I have hereunto subscribed my name, and 
 affixed mv official seal, this 26th dav of Februarv, 1891. 
 
 [seal.] LEONARD A. OIEGERICH, 
 
 CUrk. 
 
 [ENDORSED.] 
 
 John H. Starin and others to the People of the State of New York. 
 Bond of Commissioner under Chapter G0<) of the Laws of 
 18T5. Approved — Abm. R. Lawrence, Justice Supreme 
 Court, January 2, 1891. 
 
34 
 
 CITY AND COUNTY OF NEW YORK, ss.: 
 
 I. SAMUEL SPENCER, one of the Commissioners appointed 
 by the Mayor of the City of New York, under tlie provisions of 
 Chapter OOH of the Laws of 1875, by appointment dated the twenty- 
 third day of December, 1800, do solemnly swear that I will support 
 the Constitution of the United States and the Constitution of the 
 State of New York, and that 1 will faithfully discharge the duties 
 of the office of Commissioner aforesaid, according to the best of my 
 ability, and that I will faithfully perform the duties of mv office. 
 
 SAMUEL SPENCER. 
 
 Sworn to before me this 81st ) 
 day of December, 18P0. f 
 
 THOMAS E. RUSH, 
 Com'r of Deeds, 
 
 N. Y. Citv. 
 
 Know all men by these presents : That we, Samuel Spencer and 
 the United States Guarantee Company (a corporation organized 
 under the Laws of New York) and the Guarantee Company of 
 North America (a corporation created by the Laws of the Dominion 
 of Canada, and duly licensed to transact business within the State 
 of New York, are held and firmly bound unto the People of the 
 State of New York, in the penal sum of twenty-five thousand dol- 
 lars, lawful money of the United States of America, to be paid 
 unto the said People of the State of New York. 
 
 For which payment well and truly to be made and done, we 
 bind ourselves, our heirs, executors, administrators, successors and 
 assigns, jointly and severally firmly by these presents. 
 
 Sealed with our seals and dated this second day of January, in 
 the year of our Lord eighteen hundred and ninety-one. 
 
 Whereas^ The above bounden Samuel Spencer has been duly 
 appointed to the office of a Commissioner under the provisions of 
 Chapters OOO of the Laws of 1875. 
 
 Now the condition of this obligation is such that if the above 
 bounden, Samuel Spencer shall in all things well, truly and faith- 
 fully perform the duties that may be legally required of him to 
 perform and do, during his continuance in the said office of a Com- 
 missioner, under the provisions of Chapter 600 of the Laws of 1875, 
 then this obligation to be void ; otherwise to remain in full force 
 and virtue. 
 
 SAMUEL SPENCER. [skai..] 
 UNITED STATES GUARANTEE COMPANY, 
 
 ..LOGAN C. MURRAY, (sk.m. ] 
 
 \st Vice-/^rt'sii/cnt. 
 DANIEL J. TOMPKINS. 
 
 Sec rf tar v. 
 
 THE GUARANTEE COMPANY OF NOKTH AMERICA, 
 U. C. MURRAY, [seal ] 
 
 Dt ire tor. 
 DAM El. j. TOMPKINS, 
 
 Sfcrctary. 
 
 N. N'. Branch Roard. 
 
 Sealed and delivered in the presence of 
 WALTi:k 15. IlOkNE. 
 
35 
 
 State of New York ) . . . 
 City and County of New York, \j '• ■• 
 
 On this second day of January, 1801, before me, a notary pub- 
 lic, personally appeared the above named Samuel Spencer, known 
 to me to be the same person described in, and who executed the 
 above bond, and acknowledged to me that he executed the same. 
 
 WALTER B. HORNR, 
 
 Notary Public, 
 
 Kmgs Co. 
 
 Certificate filed in New York Co. 
 
 Residence, 56 Hewes Street, Brooklyn, E. D. 
 
 State of New York, ) 
 City and County of New York, ij ^ •• 
 
 Be it remembered that on the second day of January, in the 
 year one thousand eight hundred and ninety-one, before me, the 
 subrcriber, a notary public in and for said City and County person- 
 ally came Daniel J. Tompkins, known to me to be the Secretary of 
 the United States Guarantee Company, the corporation described 
 in and which executed the annexed instrument, who being by me 
 duly sworn did depose and say : that he resides in the City of 
 Brooklyn, in the State of New York, that he is the Secretary of the 
 said United States Guarantee Company and knows the corporate 
 seaLthereof ; that the seal affixed to the annexed instrument is the 
 corporate seal of said Company, and was thereto affixed by order of 
 the Board of Directors of said Company, and that he signed his 
 name thereto by the like order as Secretary of said Company. 
 And deponent further said that he is acquainted with Logan C. 
 Murray and knows him to be the 1st Vice-President of said Com- 
 pany, and that the signature of the said Logan C. Murray sub- 
 scribed to the annexed instrument is in the genuine handwricing of 
 the said Logan C. Murray and was thereto subscribed by the like 
 order of the said Board of Directors, and in the presence of said 
 deponent, and that the assets of the said Company exceed its 
 liabilities of all kind by more than the sum of two hundred and 
 fifty thousand dollars. 
 
 /// ivitness whereof, I have hereunto set my hand and affixed 
 my notarial seal this second day of January, in the year one thou- 
 sand eight hundred and ninety-one. 
 
 [seal.] THOS. D. RAMBAUT, 
 
 Notary Public, 
 
 Kings and New York Counties. 
 
 State of New York, ; 
 
 ss ' 
 
 City and County of New York, \ " 
 
 Be it remembered that on this second day of January, in the 
 year one thousand eight hundred and ninety-one, before me, the 
 subscriber, a notary public in and for the said City and County, 
 personally came Daniel J. Tompkins, known to me to be the Secre- 
 tary of the Branch Board of Directors at New York of the Guaran- 
 tee' Company of North America, the corporation described in and 
 which executed the annexed instrument. : who, being by me duly 
 
36 
 
 sworn, did depose and say : that he resides in the City of 
 Brooklyn, in the State of New York, that he is the Secretary of 
 the Branch Board of Directors at New York of the said Guarantee 
 Company of North America and knows the corporate seal thereof ; 
 that the seal affixed to the annexed instrument is'the corporate seal 
 of said Company, and was affixed thereto by order of the said 
 Branch Board of Directors of said Company, and that he signed 
 his name thereto by the like order, as Secretary of said Branch 
 Board. 
 
 And the deponent further said that he is acquainted with Logan 
 C. Murray and knows him to be one of the Directors of said Branch 
 Board, and that the . signature of the said Logan C. Murray sub- 
 scribed to the said annexed instrument is in the genuine hand- 
 writing of said Logan C. Murray, and was thereto subscribed by the 
 like order of the said Branch Board of Directors, and in the presence 
 of said deponent, and that the assets of said Company exceed the 
 liabilities of all kinds by more than the sum of five hundred thou- 
 sand dollars. 
 
 In luitness whereof^ I have hereunto set my hand and affixed my 
 notarial seal this second day of January, in the year one thousand 
 eight hundred and ninety-one. 
 
 [seal.] THOS. D. RAMBAUT, 
 
 Notary Public, 
 
 Kings and New York Counties. 
 
 State of New York, ) 
 City and County of New York, \ 
 
 I, LEONARD GIEGERICH, Clerk of the said City and 
 County, and Clerk of the Supreme Court of said State for said 
 County, do certify, that I have compared the preceding with the 
 original bond (filed and recorded January 2d, 1891) of Samuel 
 Spencer, and oath of office of same as Commissioner under Chap- 
 ter 606, Laws 1875, on file in my office, and that the same are cor- 
 rect transcripts therefrom, and the whole of such originals. 
 
 In witness w/icreof, I have hereunto subsrcribed my name, and 
 affixed my official seal, this 26th day of February, 1S91. 
 
 [seal.] LEONARD A. GIEGERICH, 
 
 Clerk. 
 
 [ENDORSED.] 
 
 Samuel Spencer and others to the People of the State of New 
 York. Bond of Commissioner under Chapter 606 of the 
 Laws of 1875. Apjiroved Jan'y 2, 1801 — Abm. R. Law- 
 rence, Justice Supreme Court. 
 
 CITY AND COUNTY OF NEW YORK, ss. : 
 
 I, EUGENE L. BUSHE, one of the Commissioners appointed 
 by the Mayor of the City of New York, under the provisions of 
 Chapter 606 of the Laws of 1875, by appointment, dated the 
 twenty-third day of December, 1800, do solemnly swear that I will 
 
37 
 
 support the Constitution of the United States and the Constitution 
 of the State of New York, and that I will faithfully discharge the 
 duties of the office of Commissioner aforesaid, according to the 
 best of my ability, and that I will faithfully perform the duties of 
 my office. 
 
 EUGENE L. BUSHE. 
 
 Sworn to before me this 29th [ 
 day of December, 1890. j 
 
 TERENCE FARLEY, 
 Com'r of Deeds, 
 
 N. V. City. 
 
 Kflow all men by these presents : That we, Eugene L. Bushe, 
 Howard W. Coates and the American Surety Company of New 
 York are held and firmly bound unto the People of the State of New 
 York, in the penal sum of twenty-five thousand dollars, lawful 
 money of the United States of America, to be paid unto the said 
 People of the State of New York. 
 
 For which payment, w^ell and truly to be made and done, we 
 bind ourselves, our heirs, executors, administrators and assigns, 
 jointly and severally firmly by these presents.- 
 
 Sealed with our seals and dated this 30th day of December, in 
 the year of our Lord eighteen hundred and ninety. 
 
 Whereas^ The above bounden Eugene L. Bushe, has been duly 
 appointed to the office of a Commissioner under the provisions of 
 Chapter 600 of the Laws of 1875, 
 
 Now the condition of this obligation is such that if the above 
 bounden Eugene L. Bushe, shall in all things well, truly and faith- 
 fully perform the duties that maybe legally required of him to per- 
 form and do, during his continuance in the said office of a Com- 
 missioner, under the provisions of Chapter 606 of the Laws of 1875, 
 then this obligation to be void; otherwise to remain in full force and 
 virtue. 
 
 EUGENE L. BUSHE, [seal.] 
 HOWARD W. COATES, | seal.] 
 
 AMERICAN SURE rY COMPANY OF NEW YORK, [seal.] 
 
 HENRY D. LYMAN, 
 
 Vice-President. 
 FRED. F. NUGENT, 
 
 Secretary. 
 
 Sealed and delivered in the presence of 
 FRED'K E. FISHEL, as to 
 
 EUGENE L. BUSHE and HOWARD W. COATES. 
 H. G. HINTON, as to 
 
 AM. S. CO. 
 
 State of New^ York, ) 
 City and County of New York, f " 
 
 HOWARD W. COATES, in the within bond named, being duly 
 sworn, deposes and says : That he is a resident of and freeholder 
 within this State and that he is worth the sum of fifty thousand 
 
38 
 
 doliars ($50,000) over and above all the debts and liabilities which 
 lie owes or has incurred, and exclusive of property exempt by law 
 from levy and sale under an execution. 
 
 HOWARD W. COATES. 
 
 Sworn to before me this 30th ) 
 day of December, 1890. [ 
 
 FRED'K E. FISHEL, 
 [SKAL.] Notary Public. 
 
 Kings Co. 
 
 Cert, filed in N. Y. County. 
 
 State of New York, ) 
 City and County of New York, j" 
 
 On this 30th day of December, 1890, before me, a Notary 
 Public, personally appeared the above-named Eugene L. Bushe and 
 Howard W. Coates, known to me to be the same persons described 
 in, and who executed the above bond, and they severally acknowl- 
 edged to me that they executed the same. 
 
 [seal.] FRED'K E. FISHEL, 
 
 Notary Public, 
 
 Kings County. 
 
 Cert, filed in N*. Y. Co. 
 
 STATE, CITY AND COUNTY OF NSW YORK, ss.: 
 
 On this 30th day of December, 1890, before me personally ap- 
 peared Henry D. Lyman, Vice-President of the American Surety 
 Company, with whom I am personally acquainted, who being by me 
 duly sworn, said: That he resided in New York City, and that he 
 is the Vice-President of the American Surety Company of New 
 York; that he knew the corporate seal of said Company; that the 
 seal affixed to the foregoing instrument is such corporate seal; that 
 it was affixed by an order of the Board of Directors of said Com- 
 pany, and that he signed said instrument as Vice-President of said 
 Company by like authority, and that the liabilities of said Company 
 do not exceed its assets as ascertained in the manner provided in 
 Section 3, Chapter 480, of the Session Laws of 18SI, and the said 
 Henry D. Lyman further said that he was acquainted with Fred. F. 
 Nugent, and knew him to be the Secretary of said Company, that 
 the signature of said Fred. F. Nugent subscribed to the said instru- 
 ment is in the genuine handwriting of the said Fred. F. Nugent, 
 and was thereto subscribed by the like order of the said Board of 
 Directors and in the presence of him the said Henry B. Lyman, 
 Vice-President. 
 
 H. G. HINTON, 
 Notary Public, 
 
 Kings County, N. Y, 
 
 Certificate filed in New York Co. 
 
3!» 
 
 Si- ATE OF New York, ) 
 City and County of New York, f ' 
 
 I, LEONARD A. GIECIERICH, Clerk of the said City and 
 County, and Clerk of the Supreme . Court of said State for said 
 County, do certify, that I have compared the preceding with the 
 original bond (filed and recorded January 2, 1891), oath of office 
 (filed January 2, 1891,) of Eugene L, Bushe as a Commissioner 
 under Chapter GOO, Laws 187o, on file in my office, and that the 
 same are correct transcripts therefrom, and the whole of such 
 origuials. 
 
 //I 7c>itncss ic'hcrrof, I have hereunto subscribed my name, and 
 affixed mv official seal, this 2Gth day of February, 1891. 
 
 [si-a'l.] LEONARD A. GIEGERICH, 
 
 C/n-k. 
 
 [ENDORSED.] 
 
 Eugene L. Bushe and others to the People of the State of New 
 York. Bond of Commissioner under Chapter GOG of the 
 Laws of 18T5. Approved — Abm. R. Lawrence, Justice 
 Supreme Court, January 2, 180L 
 
 Whereas, On the 23d day of December, 1890, application was 
 made to me, LIugh J. Grant, Mayor of the City of New York, by 
 George P. Read and others, being more than fifty reputable house- 
 holders and taxpayers of the City and County of New York, which 
 said application was duly verified upon oath, before a justice of the 
 Supreme Court, by which it appears that there is need in the City 
 and County of New York of a steam railway or railways for the 
 transportation of passengers, mails and freight, and by which I am 
 requested, in pursuance of the provisions of Chapter GOG of the Laws 
 of 1875, and the several acts amendatory thereof to appoint five 
 Commissioners, who shall be residents of the said City and Countv 
 of New York, and who shall have full power and authority to do 
 and provide all that they are directed to do and provide bv the said 
 Act of 1875 ; and 
 
 Whereas, It is provided in and by the first section of the said 
 Chapter GO'i of the Laws of 1875, that upon the presentation of 
 such an application to the Mayor of any city in this State whenever 
 a proposed railway shall be wholly within the limits of the said city, 
 such Mayor shall appoint such Commissioners; and 
 
 IVhereas, I did, within thirty days after the presentation to me 
 of the said application, appoint William Steinway, John H. Starin, 
 Samuel Spencer, Eugene L. Bushe and Frederick P. Olcott, each of 
 whom was a resident of the City and County of New York, as Com- 
 missioners, with full power and authority to do and provide all that 
 is directed to be done and provided under the provisions of the said 
 Act, Chapter G(JG of the Laws of 1875 and the various Acts 
 amendatory thereof ; and 
 
 Whereas, The said Frederick P. Olcott did resign said appoint- 
 ment, and did not qualify in the manner provided in said Chapter 
 GOG of the Laws of ]875.' 
 
 Ni77i', therefore, I, said Hugh J. Grant, Mayc^r of the City of 
 New York, pursuant to the authority conferred upon me by the 
 
40 
 
 provisions of the said Act of 1875, do appoint John H. Inman, 
 resident of the City of New York, in the place and stead of Fred- 
 erick P. Olcott as Commissioner, with full power and authority to 
 do and provide all that Commissioners appointed under said Chapter 
 G06 of the Laws of 1875, and the various acts amendatory thereof, 
 are required to do and provide. 
 
 wit fie ss whereof, I have hereunto set my hand in this, the 
 City of New York, on the 5th day of January, in the year of our 
 Lord one thousand eight hundred and ninety-one. 
 
 HUGH J. GRANT, 
 
 Mayor. 
 
 CITY AND COUNTY OF NEW YORK, ss.: 
 
 I, JOHN H. INMAN, one of the Commissioners heretofore ap- 
 pointed by the Mayor of the City of New York, under the provisions 
 of Chapter 600 of the Laws of i875, by appointment, dated the 5th 
 day of January, 1891, do solemnly swear that I will support the 
 Constitution of the United States and the Constitution of the State 
 of New York, and that I will faithfully discharge the duties of the 
 office of Commissioner aforesaid according to the best of my 
 ability, and that 1 will faithfully perform the duties of my office. 
 
 JOHN H. INMAN. 
 
 Sworn to before me this 5th | 
 day of January, 1891. \ 
 THOMAS E. RUSH, 
 
 Commissioner of Deeds, 
 
 N. Y. City. 
 
 Know all men by these presents: That we, John H. Inman, 
 Bernard S. Clark and Robert W, Inman, are held and firmly bound 
 unto the People of the State of New York in the penal sum of 
 twenty-five thousand dollars, lawful money of the United States of 
 America, to be paid unto the said People of the State of New York. 
 
 F'or which payment, well and truly to be made and done, we 
 bind ourselves, our heirs, executors, administrators and assigns, 
 jointly and severally, firmly by these presents. 
 
 Sealed with our seals and dated this fifth day of January, in the 
 year of our Lord eighteen hundred and ninety-one. 
 
 Whereas, The above bounden John H. INMAN, has been duly 
 appointed to the office of a Commissioner under the provisions of 
 Chapter GOG of the Laws of 1875. 
 
 Now the condition of this obligation is such that if the above 
 bounden John H. Inman, shall in all things well, truly and faith- 
 fully perform the duties that may be legally required of him to per- 
 form and do during his continuance in the said office of a Com- 
 missioner, under the provisions of Chapter GOG of the Laws of 1875, 
 then this obligation to be void; otherwise to remain in full force 
 and virtue. 
 
 JOHN H. INMAN, [seal." 
 I^RRNARD S. CLARK, seal." 
 ROBERT W. INMAN. [seal.; 
 Sealed and delivered in the presence of 
 THOMAS E. RUSH. 
 
41 
 
 State of New York, ) 
 City and County of New York, j 
 
 BERNARD S. CLARK, in the within bond named, being duly 
 sworn, dotli depose and say: That he is a resident of and freeholder 
 within this State, and that he is worth the sum of fifty thousand 
 dollars (§50,000), over and above all the debts and liabilities which 
 he owes or has incurred, and exclusive of property exempt by law 
 from levy and sale under an execution. 
 
 B. S. CLARK. 
 
 Sworn to before me this 5th | 
 day of January, 1801. f 
 
 THOMAS E. RUSH, 
 
 Commissioner of Deeds, 
 N. Y. County. 
 
 State of New York, 
 City and County of New York, 
 
 ROBERT W. INMAN, in the within bond named, being duly 
 sworn, doth depose and say: That he is a resident of and freeholder 
 within this State, and that he is worth the sum of fifty thousand 
 dollars, over and above all the debts and liabilities which he owes 
 or has incurred, and exclusive of property exempt by law from levy 
 and sale under an execution. 
 
 ROBERT W. INMAN. 
 
 Sworn to before me this oth | 
 day of January, 1891. ) 
 
 THOMAS E. RUSH, 
 
 Commissioner of Deeds, 
 N. Y. County. 
 
 State of New York, 
 City and County of New York 
 
 On this 5th day of January, 1891, before me, a Commissioner of 
 Deeds, personally appeared the above-named John H. Inman, 
 Bernard S. Clark and Robert \V. Inman, known to me to be the 
 same persons described in, and who executed the above bond, and 
 they severally acknowledged to me that they executed the same. 
 
 THOMAS E. RUSH, 
 
 Commissioner of Deeds, 
 
 N. Y. County. 
 
 State of New York, } 
 City and County of New York, j"^^"' 
 
 I, LEONARD A. GIEGERICH, Clerk of the said City and 
 County, and Clerk of the Supreme Court of said State for said 
 County, do certify, that I have compared the preceding with the 
 original bond (filed and recorded January 5, 1891,) and oath of 
 
42 
 
 office (filed January 5, 1891,) of John H. Inman as a Commissioner 
 under Chapter GOG, Laws 1875, and appointment (filed January 5, 
 1891,) on file in my office, and that the same are correct transcripts 
 therefrom, and the whole of such originals. 
 
 /// 7vitncss tuhereof, I have hereunto subscribed my name, and 
 affixed my official seal,' this 26th day of February, 1891. 
 
 fsEAL 1 LEONARD A. GIEGERICH, 
 
 Clerk. 
 
 [ENDORSED.] 
 
 John H. Inman and others to the People of the State of New York. 
 Bond of Commissioner under Chapter GOG, Laws of 1875. 
 Approved January 5, 1891 — Edwd. Patterson, Justice 
 Supreme Court. 
 
 CITY AND COUNTY OF NEW YORK", ss.: 
 
 I, WILLIAM STEINWAY, one of the Commissioners heretofore 
 appointed by the Mayor of the City of New York, under the provisions 
 of Chapter G06 of" the Laws of 1«75, and as such appointee, 
 being one of the Commissioners appointed by the provisions of an 
 Act, entitled " An Act to provide for Rapid Transit Railways in 
 cities of over one million .inhabitants," passed January 31, 1891, do 
 solemnly swear that I will support the Constitution of the United 
 States and the Constitution of the State of New York, and that I 
 will faithfully perform the duties of the office of Commissioner 
 aforesaid. 
 
 WILLIAM STEINWAY. 
 
 Sworn to before me this 9th \ 
 day of February, 1891. f 
 
 WM. J. 1)UG(;K'J^T, 
 
 Commissioner of Deeds, 
 N. Y. Co. 
 
 [seal.] 
 Filed February 9, 1891 
 
 [A Copy.] 
 
 LEONARD A. GIEGERICH, 
 
 Clerk. 
 
 CITY AND COUN TV OF NIAV YORK, ss.: 
 
 I, JOHN H. STARIN, one of the Commissioners heretofore ap- 
 pointed by the Mayor of the City of New York, under the provisions 
 of Chapter GOG of the Laws of 1875, and as such appointee, being 
 one of tlie Commissioners appointed bv the provisions (^f an Act, 
 entitled "An Act to provide for Rapid Transit Railways in cities 
 of over one million inhabitants," iKissed January 31, 1891, do 
 
43 
 
 solemnly swear that I will support the Constitution of the United 
 States and the Constitution of the State of New York, and that I 
 will faithfully perform the duties of the office of Commissioner 
 aforesaid. 
 
 JNO. H. STARIN. 
 
 Sworn to before me this Gth 
 day of February, ]8!>1. \ 
 
 TERENCE FARLEV, 
 
 Com. of Deeds, 
 
 N. V. Citv. 
 
 [A Copy.] 
 
 [seal.] LEONARD A. GIEGERICH, 
 
 . Filed February 9, 1891. 
 
 CITV AND COUNTY OF NEW YORK, ss. : 
 t 
 
 I, SAMUEL SPENCER, one of the Commissioners appointed 
 by the Mayor of the City of New York, under the provisions of 
 Chapter GOG of the Laws of 187o, and as such appointee being one 
 of .the Commissioners appointed by the provisions of an Act, 
 entitled "An Act to provide for Rapid Transit Railways in cities of 
 over one million inhabitants," passed January 31, 1891, do solemnly 
 swear that I will support the Constitution of the United States and 
 the Constitution of the State of New York, and that I will faith- 
 fully perform the duties of the office of Commissioner aforesaid. 
 
 SAMUEL SPENCER. 
 
 Sworn to before me this 5th) 
 day of February, 1891. ) 
 
 TERENCE FARLEY. 
 
 Com. of Deeds, 
 
 N. v. City. 
 
 [A Copy.] 
 
 [seal.] LEONARD A. GIEGERICH, 
 
 Filed February 9, 1891. 
 
 CITY AND COUNTY OF NEW YORK, ss.: 
 
 I, EUGENE E. BUSHE, one of the Commissioners heretofore 
 appointed by the Mayor of the City of New York, under the pro- 
 visions of Chapter GOG of the Laws of 187n, and as such appointee 
 being one of the Commissioners appointed by the provisions of an 
 Act, entitled "An Act to provide for Rapid Transit Railways in 
 cities of over one million inhabitants," passed January 31, 1891, do 
 solemnly swear that I will support the Constitution of the United 
 
44 
 
 States and the Constitution of the State of New York, and that I 
 will faithfully perform the duties of the office of Commissioner 
 aforesaid. 
 
 EUGENE L. BUSHE. 
 
 Sworn to before me this 5th) 
 day of February. i 
 
 TERENCE FARLEY, 
 
 Com. of Deeds, 
 
 N. Y. City. 
 
 [A Copy.] 
 
 [seal.] LEONARD A. GIEGERICH, 
 
 Clerk. 
 
 Filed February 1), 1891. 
 
 CITY AND COUNTY OF NEW YORK, ss.: 
 
 I, JOHN H. INMAN, one of the Commissioners heretofore 
 appointed by the Mayor of the City of New York, under the pro- 
 visions of Chapter 606 of the Laws of 1875, and as such appoyitee 
 being one of the Commissioners appointed by the provisions of an 
 Act, entitled "An Act to provide for Rapid Transit Railways in 
 cities of over one million inhabitants," passed January 31, 1891, do 
 solemnly swear that I will support the Constitution of the United 
 States and the Constitution of the State of New York, and that I will 
 faithfully perform the • duties of the office of Commissioner 
 aforesaid. 
 
 JOHN H. INMAN. 
 
 Sword to before me this 2d | 
 day of February, 1891. j 
 
 JAMES M. YALLES, 
 
 Notary Public, 
 
 N. Y. Co. 
 
 [A Copy.] 
 
 [seal.] LEONARD A. GIEGERICH, 
 
 Clerk. 
 
 Filed February 9, 1891.