RAPID TRANSIT ACT 
 
 APPROVED BY THE 
 
 CHAMBER OF COMMERCE 
 
 OF THE STATE OF NEW-YORK. 
 
 And Now Pending in the Legislature of the State. 
 
 MARCH i6, 1894. 
 
 NEW-YORK: 
 
 PRESS OF THE CHAMBER OF COMMERCE. 
 
 1 894. 
 
Avery Arc hitectural and Fine Arts Library 
 Gift of Seymour B. Durst Old York Library 
 
RAPID TRANSIT ACT 
 
 APPROVED BY THE 
 
 CHAMBER OF COMMERCE 
 
 OF THt STATE OF NEW-YORK. 
 
 And Now Pending in the Legislature of the State. 
 
 MARCH 16, 1894 
 
 NEW-YORK : 
 
 PRESS OF THE CHAMBER OF COMMERCE 
 1 8 9 4. 
 
Digitized by the Internet Archive 
 in 2014 
 
 http://archive.org/details/rapidtransitactaOOnewy 
 
An Act to amend chapter four of the laws of eighteen 
 hundred and ninety-one, entitled "An Act to provide 
 for rapid transit railways in cities of over one million 
 inhabitants. 
 
 Tlie People of the State of New York represented in Senate 
 and Assembly do enact as follows : 
 
 Section 1. Section one of chapter four of the laws of 
 eighteen hundred and ninety -one entitled 14 An Act to 
 provide for rapid transit railways in cities of over one 
 million inhabitants " is hereby amended so as to read as 
 follows : 
 
 § 1. In each city having over one million of inhabitants 
 according to the last preceding national or State census, 
 there shall be a board of Rapid Transit Railroad Commis- 
 sioners in and for such city, which shall consist of the 
 Mayor of such city, the Comptroller or other chief financial 
 officer of such city, the president of the Chamber of Com- 
 merce of the State of New York, by virtue of his office, 
 and the following named persons to wit : Samuel D. Bab- 
 cock, Seth Low, John Claflin and Alexander E. Orr. The 
 members of said Board shall be styled Commissioners of 
 Rapid Transit. Vacancies which may take place in the 
 offices so held by the persons specifically named herein as 
 such Commissioners shall be filled by a majority vote of 
 the remaining members of said Board. The Board thus 
 constituted shall have and exercise the specific authority 
 and powers hereinafter conferred and also such other and 
 necessary powers as may be requisite to the efficient per- 
 formance of the duties imposed upon said Board by this act. 
 
 Section 2. Section two of said Act is hereby amended 
 so as to read as follows : 
 
4 
 
 § 2. Each of the said Commissioners other than the 
 Mayor and Comptroller or other chief financial officer of 
 such city shall take and subscribe an oath faithfully to per 
 form the duties of his office, which oath shall be filed in 
 the office of the Clerk of any county within which there 
 shall be a city of the class mentioned in the first section of 
 this Act. 
 
 Section 3. Section three of said Act is hereby amended 
 so as to read as follows : 
 
 § 3. Within twenty days after the filing of the oaths of 
 said Commissioners so required to make and file the same 
 the Commissioners of Rapid Transit in respect to each of 
 such cities shall meet and organize as a Board. The Board 
 when so organized, may frame and adopt by-laws not in- 
 consistent with this act, and establish suitable rules and 
 regulations for the proper exercise of the powers and duties 
 hereby conferred and imposed, and may, from time to time, 
 amend the same. Four members of the Board shall con- 
 stitute 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 proceedings, which 
 shall be a public record and be open to inspection at all 
 reasonable times. 
 
 Section 4. Section six of said Act is hereby amended so 
 as to read as follows : 
 
 § 6. When the consents of the local authorities and the 
 property owners, or in lieu thereof, the authorization of the 
 said Supreme Court upon the report of Commissioners, 
 shall have been obtained, the Board of Rapid Transit 
 Railroad Commissioners shall at once proceed to prepare 
 detailed plans and specifications for the construction 
 of such rapid transit railway or railways, including 
 all devices and appurtenances deemed by it necessary 
 to secure the greatest efficiency, public convenience 
 and safety, including plans and specifications for 
 suitable support, turnouts, switches, sidings, con- 
 nections, landing places, buildings, platforms, stair- 
 
5 
 
 ways, elevators, telegraph and signal devices, and other 
 suitable appliances incidental and requisite to what the 
 said board may approve as the best and most efficient sys- 
 tem of rapid transit in view of the public needs and re- 
 quirements, and the said board may in its discretion in- 
 clude in said plans, provisions for subways or tunnels for 
 sewer, gas or water pipes, electric wires and other conduct- 
 ors proper to be placed under ground, wdienever necessary 
 so to do, in order to permit of the proper construction of 
 any railway herein provided for in accordance with the 
 plans and specifications of the said board. Whenever the 
 construction of any railway, depressed way, subway or 
 tunnel under the provisions of this Act shall interfere with 
 disturb or endanger any sewer, water pipe, gas pipe, or 
 other duly authorized sub-surface structure, the work of 
 construction at such points shall be conducted in the city 
 of New York in accordance with the reasonable require- 
 ments and under 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 juris- 
 diction or control over, such sub-surface structures so in- 
 terfered with, disturbed or endangered. All expenses in- 
 cidental to such supervision and to the work of recon- 
 structing, readjusting and supporting any such sewer, 
 water pipe, gas pipe, or other duly authorized sub-surface 
 structure, shall be borne and paid by the compmny which 
 shall have acquired the right, privilege and franchise to 
 construct, maintain and operate such railway, pursuant to 
 a sale of the same at public auction, as hereinafter pro- 
 vided, if any such sale shall be made by said board. 
 
 Section 5. Section seven of said act is hereby amended 
 s.o as to read as follows : 
 
 § 7. If after having secured the necessary consents and 
 after having prepared such detailed plans and specifica- 
 tions as are by this act provided for, said board shall not 
 have determined that such railway or railways shall be 
 constructed for and at the expense of such city as here- 
 
6 
 
 after provided, said board shall Bell nt public auction in 
 the city where said railway or railways nre to be built and 
 for the account and benefit of said city the right, prh il<'L r e 
 and franchise to construct, maintain and operate Bach rail 
 way 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 pub- 
 lished in said city. The board may prescribe all such 
 terms and conditions of sale as it may deem to be for the 
 interest of the public aud of the citv in which the railway or 
 railways are to be constructed. The advertisement of sale 
 shall contain only so much of the said terms, plans and 
 specifications for the construction as tin- 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 pre- 
 scribe, The terms of sale shall provide for the construc- 
 tion of the railway or railways under the supervision of 
 the board, and for the approval of an engineer or engin- 
 eers to be appointed from time to time by the board, and 
 the corporation or corporations 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 Com- 
 missioners. Such engineer or engineers shall hold their 
 office at the pleasure of the said board. The terms of sale 
 shall require the successful bidder to deposit with the 
 comptroller or chief fiscal officer of the city, in cash or ap- 
 proved securities, such amount as the board may deem 
 sufficient to constitute a guarantee of full compliance 
 with the terms of sale by the purchaser and by the cor- 
 poration to be formed for the purpose of building and 
 operating said railway as hereinafter provided. Said bids 
 and all rights which may have been acquired thereunder 
 shall become null and void and of no effect, at the option 
 of said board, should there be a failure to organize a cor- 
 poration to exercise such rights, privileges and franchises 
 
7 
 
 as required by said terms of sale and this act, or for any 
 violation of any of the requirements of said terms of sale 
 which should be complied with before such corporation is 
 organized, and thereupon any deposit which may have 
 been made pursuant to such terms of sale shall be paid 
 into the treasury of such city upon a certificate being made 
 and tiled by said board with the public officer with whom 
 such deposit shall have been made, that said bid and all 
 rights which may have been acquired thereunder have be- 
 come null and void and of no effect ; and said rights, privi- 
 leges and franchises shall be again sold by said board, sub- 
 ject to all the provisions of this act regulating such sales. 
 The terms of sale shall require the construction of the road 
 to be begun within a time to be specified in said terms of 
 sale, and to be finished within a certain time thereafter to 
 be specified therein and may prescribe the time within 
 which portions of the same shall be begun and finished. 
 The said terms of sale may reserve to the board the power 
 to extend the times for the commencement and completion 
 of the construction of said railway or of portions of the 
 same if, in its discretion, the said board deem such exten- 
 sion to be for the best interests of the city. In case the 
 corporation formed for the purpose of constructing said 
 railway shall fail to begin or finish the construction within 
 the times for those purposes respectively limited, all rights 
 privileges and franchises of such corporations to maintain 
 and operate said railway shall be forfeited, and upon such 
 forfeiture being adjudged by the Court in a suit brought for 
 that purpose in the name of the 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 constructed by such corporation ; such suit 
 shall have preference over all other cases in all Courts ; 
 and the proceeds of such resale shall be applied first to the 
 payment of the expenses of the resale, and then to the dis- 
 charge 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 
 
8 
 
 organization by the purchaser or purchasers of such rights, 
 privileges and franchises of a corporation to exercise the 
 same, and to construct, maintain and operate such rapid 
 transit railway or railways, with the powers and subject to 
 the duties and liabilities granted or imposed by this Act. 
 The said terms of sale must also specify the amount of the 
 capital Of any such corporation, and number of shares of 
 capital stock which such corporation shall be authorized to 
 issue, the percentage to be paid in cash by the subscribers 
 on subscribing for such shares, the maximum amount of 
 the bonded indebtedness which such corporation be author- 
 ized to incur, and which maybe secured by mortgage upon 
 its property and franchises, and the maximum rates of 
 fares and freight w hich such corporation may charge and 
 collect for the carriage of persons and property. Hie 
 said Board may, if it considers that the public interest re- 
 quires it to do so, reject 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 
 bid which, under all circumstances, in its opinion, is most 
 advantageous to the public and such city; and no bid 
 shall be accepted without the concurrent vote of six mem- 
 bers 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 ac 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 property of 
 such corporation or the rights of any creditor or creditors 
 of such corporation ; provided, however, that nothing 
 herein contained shall be so construed as to extend the 
 term for which such rights, privileges and franchises are 
 sold. 
 
 Section 6. Section nine of said Act is hereby amended 
 so as to read as follows : 
 
9 
 
 § 9. The said Board may rent such offices and employ 
 such engineers, attorneys, and other persons, from time to 
 time, as it may, in its discretion, deem necessary to the 
 proper performance by it of its duties as in this act 
 prescribed. 
 
 Section 7. Section ten of said Act is hereby amended so 
 as to read as follows : 
 
 § 10. The Board of Estimate and apportionment or other 
 Board or public body on which is imposed the duty, and 
 in which is vested the power, of making appropriations of 
 public moneys for the purposes of the city government in 
 any city in which it is proposed to construct such railway 
 or railways shall, from time to time, on requisition duly 
 made by the Board of Rapid Transit Railroad Commission- 
 ers, appropriate such sum or sums of money as may be re- 
 quisite and necessary to properly enable it to do and perform, 
 or cause to be done and performed, the duties herein pre- 
 scribed, and to provide for the compensation of such Com- 
 missioners, 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 Appor- 
 tionment or such other board or public body fail to appro- 
 priate such amount as the Board of Rapid Transit Rail- 
 road Commissioners deem requisite and necessary, the said 
 Board of Rapid Transit Railroad Commissioners may apply 
 to the General Term of the Supreme Court, in the Depart- 
 ment in which the railway is to be or has been constructed, 
 on notice to the Board of Estimate and Apportionment, or 
 such other Board or public body aforesaid, to determine 
 what amount shall be appropriated for the purposes re- 
 quired by this section, and the decision of said General 
 Term shall be final and conclusive ; and no city shall be 
 liable for any indebtedness incurred by the said Board of 
 Rapid Transit Railroad Commissioners in excess of such 
 appropriation or appropriations. 
 
 It shall be the duty of the Auditor and Comptroller of 
 
10 
 
 any such city, after such appropriations shall have been 
 duly made, to audit and pay the proper expenditures and 
 compensation of said Commissioners upon vouchers there- 
 for, to be furnished by the said Commissioners, which pay- 
 ments 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 or other chief financial officer of 
 said city is hereby nut horized and directed to issue and 
 sell revenue bonds of such city in anticipation of receipt of 
 taxes, and out of the proceeds of such bonds, to make the 
 payments in this section required to be made. The amount 
 necessary to pay the principal and interest of such bonds 
 shall be included in the estimates of moneys necessary to 
 be raised by taxation to carry on the business of said city, 
 and shall be made a part of the tax levy for the year next 
 following the year in which such appropriations are made. 
 All expenses of the said Board of Rapid Transit Railroad 
 Commissioners, including the compensation of said Com- 
 missioners, so incurred and paid by any city as in this sec- 
 tion provided, and for which 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, in case said Board shall so sell the same, 
 whose bid shall be accepted by the Board of Rapid Transit 
 Railroad Commissioners, and the terms of such sale shall 
 specify the time when such payment shall be made, as well 
 as the amount thereof. The Commissioners, other than the 
 Mayor and Comptroller or other chief financial officer of 
 such city, shall be x>aid a reasonable compensation for the 
 duties performed by them from time to time under the pro- 
 visions of this act. The amount of such compensation 
 shall be determined by the General Term of the Supreme 
 Court in the department in which said city shall be located 
 upon application by said Board after notice to the Mayor 
 of such city. 
 
 Section 9. Said Act is further amended by changing the 
 numbers of Sections thirty-four, thirty-five, thirty-six and 
 
LI 
 
 thirty-seven of said Act so that said sections shall be re- 
 spectively designated as Sections sixty-four, sixty-five, 
 sixty-six and sixty-seven, and also by inserting immediately 
 after Section thirty-three, so that the same shall form a 
 part of said Act, the following sections, to wit : 
 
 § 34. Said Board of Rapid Transit Ruilroad Commis- 
 sioners may at any time determine that any such railway 
 or railways shall be constructed for and at the expense of 
 such city, and upon the adoption of a resolution therefor it 
 shall be the duty of said Board to consider the routes, 
 plans and specifications, if any, previously laid out and 
 adopted by them or their predecessors and for which the 
 consents have been obtained referred to in Section five of 
 this Act, and either to proceed with the construction of such 
 railway or railways and provide for the operation of the 
 same as hereinafter provided or to change and modify the 
 said routes, plans or specifications in such particulars as to 
 said Board may seem to be desirable or to adopt other or 
 different routes, plans and specifications for such railway 
 or railways, provided always that in all cases in which any 
 such change or modification shall be of such a character 
 as to require the consents thereto referred to in Section 
 five of this Act, and in all cases where other or different 
 routes and plans may have been so adopted the said Board 
 shall proceed to secure the consents required to be ob- 
 tained by section five of this Act as therein set forth. 
 
 As soon as such consents where necessary shall have 
 been obtained and the detailed plans and specifications have 
 been prepared as provided in section six of this act, the 
 said Board, for and in behalf of said city, shall enter into 
 a contract with any person, firm or corporation, which, in 
 the opinion of said Board shall be best qualified to fulfill 
 and carry out said contract, for the construction of such 
 road or roads, upon the routes and in accordance with the 
 plans and specifications so adopted, for such sum or sums 
 of money, to be raised and paid out of the treasury of said 
 city, as hereinafter provided, and on such terms and con- 
 ditions, not inconsistent with the aforesaid plans and speci- 
 
\:> 
 
 tications, as said Board shall determine to be best for the 
 public interests. And said Board may contract for the 
 construction of the whole road or all the roads provided for 
 by the aforesaid plans in a single contract, or may by sep- 
 arate contracts executed from time to time provide for the 
 construction of parts of said road or roads as the necessi- 
 ties of said city and the increase of its population may in 
 the judgment of said Board require. Such contract shall 
 also provide that the person, linn or corporation so con- 
 tracting to construct said road or loads shall, at his or its 
 own cost and expense, equip, maintain and operate said 
 road or roads for a term of years to be specified in said 
 contract, nor less than thirty-five, nor more than fifty years, 
 and upon such terms and conditions as to the rates of fare 
 to be charged and the character of service to be furnished 
 and otherwise as said Board shall deem to be best suited to 
 the public interests, and subject to such public supervision 
 and to such conditions, regulations and requirements as 
 may be determined upon by said Board. Such contract 
 shall further provide that the person, firm or corporation 
 so contracting to construct, maintain and operate said road 
 shall annually pay into the treasury of said city, as rental 
 for the use of said road, a sum, to be specified in said con- 
 tract, which shall not be less than the annual interest upon 
 the bonds to be issued by said city for the construction 
 of said road as hereinafter provided for, and 
 a sum, in addition to said interest, not less 
 than one per centum per annum upon the whole amount 
 of said bonds. The aforesaid annual rental shall be paid at 
 such times during each year, as said Board shall require, 
 and shall be applied first to the payment of the interest 
 on said bonds, as the same shall accrue and fall due, and 
 the remainder of said rental not required for the payment 
 of said interest shall be paid into the sinking fund, for the 
 payment of the city debt, if there shall be such sinking 
 fund in said city, or, if there be none such, then said bal- 
 ance of said rental shall be securely invested, and with the 
 annual accretions of interest thereon, shall constitute a 
 
13 
 
 sinking fund for the payment and redemption at maturity 
 of the bonds issued, as hereinafter provided. 
 
 Said contract may also provide for a renewal or re- 
 newals of the lease of said road upon the expiration of 
 the original term and of any renewals of the same upon 
 such terms and conditions as to said Board may seem just 
 and proper, and may also contain provisions for the valu- 
 ation of the whole or a part of the property of said 
 contracting person, firm or corporation, employed in and 
 about the equipment, maintenance and operation of said 
 road, and for the purchase of the same by the city, at such 
 valuation, or a percentage of the same, should said lease 
 not be so renewed at any time. Said contract may provide 
 for the construction of said road in sections, and in all 
 cases shall specify when the construction of said road, or 
 sections of the same, shall be commenced, and, in each 
 case, the date of completion. It shall also state the date 
 on which the operation of the road, or of any section 
 thereof, shall commence. The person, firm or cor- 
 poration so contracting for the construction, equip- 
 ment, maintenance and operation of said road, shall give a 
 bond to said city, in su ch amount as said Board of 
 Rapid Transit Railroad Commissioners shall require, and 
 with sureties to be approved by said Board, who shall 
 justify in the aggregate in double the amount of said bond. 
 Said bond shall be a continuing security, and shall pro- 
 vide for the prompt payment by said contracting person, 
 firm or corporation, of the amount of annual rental speci- 
 fied in the aforesaid contract, and also for the faithful per- 
 formance by said contracting person, firm or corporation, 
 of all the conditions, covenants and requirements 
 specified and provided for in said contract. The said 
 contracting person, firm or corporation shall also 
 simultaneously with the execution and delivery of said 
 contract, deposit with the comptroller or other chief 
 financial officer of such city the sum of one million dollars 
 as further security for the faithful performance by such 
 contracting person, firm or corporation of all the covenants, 
 conditions and requirements specified and provided for in 
 
14 
 
 said contract relating to the construction and equipment of 
 said road and the city in and for which said road shall be 
 constructed shall also have a first lien upon the rolling 
 stock and other property of said contracting person, firm 
 or corporation, constituting the equipment of said road and 
 used or intended for use in the maintenance and operation 
 of the same, as further security for the faithful perform- 
 ance by such contracting person, linn or corporation of the 
 covenants, conditions and agreements of said contract on 
 his, their or its part to be fulfilled and performed, and in 
 case of the breach of any such covenant, condition and 
 agreement said lien shall be subject to foreclosure by action, 
 at the suit of such city, in the same manner, as far as may 
 be, as is then provided by Law in the case of foreclosure by 
 action of mortgages on real estate. 
 
 The said Board of Rapid Transit Railroad Commis- 
 sioners may, however, from time to time, by a concurrent 
 vote of all the members of said Board, relieve from such 
 lien, any of the property to which the same may attach, 
 upon receiving additional security which may be deemed 
 by said board so voting to be the equivalent of that which 
 it is proposed to release and otherwise upon such terms as 
 to such Board so voting shall seem just. Upon the com- 
 pletion of the construction and equipment of said road 
 to the satisfaction of said Board and when the operation of 
 the same shall have commenced pursuant to said contract 
 it shall be the duty of the comptroller or 
 other chief financial officer to pay to the 
 said contracting person, firm or corporation said sum of 
 one million dollars so to be deposited as above provided, 
 and said contracting person, firm or corporation shall 
 also be then entitled to be credited upon the rental which 
 he, they, or it shall have contracted to pay to said city for 
 the use of said road a sum which shall be equal to the 
 interest on the sum of one million dollars for the time of 
 such deposit at the rate of interest provided for in the 
 bonds which shall have been issued and sold by the city to 
 provide for the construction of said road. The said con- 
 tract shall further provide that in case of default in pay- 
 
15 
 
 ing the annual sum or rental therein provided for, or in 
 case of the failure or neglect on the part of said contracting 
 person, firm or corporation, faithfully to observe, keep 
 and fulfill the conditions, obligations and requirements of 
 said contract, the said city, by its Board of Rapid Transit 
 Railroad Commissioners, may take possession of said road 
 and the equipment thereof, and as the agent of said con- 
 tracting person, firm or corporation, either maintain and 
 operate said road, or enter into a contract with some other 
 person, firm or corporation for the maintenance and opera- 
 tion thereof, retaining out of the proceeds of such opera- 
 tion, after the payment of the necessary expenses of 
 operation and maintenance, the annual rental hereinbefore 
 referred to, and paying over the balance, if any, to the 
 person, firm or corporation with whom the first contract 
 above mentioned was made, and if such proceeds of the 
 operation of said road, after the payment of the necessary 
 expenses of maintenance and operation, including the 
 keeping in repair of the rolling stock and other equipment, 
 shall in any year be less than the annual rental hereinbe- 
 fore referred to and provided in the first contract, then and 
 in that case, the said contracting person, firm or corpora- 
 tion and his or its bondsmen, shall be and continue jointly 
 and severally liable to the aforesaid city for the amount of 
 such deficiency until the end of the full term for which 
 the said first contract was originally made. No contract 
 entered into under authority of this act shall be assigned 
 without the written consent of the said Board of Rapid 
 Transit Railroad Commissioners concurred in by all the 
 members of said Board. 
 
 § 35. The person, firm or corporation operating such road, 
 shall be exempt from taxation in respect to his, their or 
 its interest therein under said contract and in respect to 
 the rolling stock and other equipment of said road, but 
 this exemption shall not extend to any real property 
 which may be owned and employed by said person, firm or 
 corporation in connection with the construction or opera- 
 tion of said road. 
 
10 
 
 § 30. The said Board of Rapid Transit Railroad Commis- 
 sioners before awarding any contract or contracts shall 
 advertise for proposals for such contracts by a notice to be 
 printed twice a week for three successive weeks in not less 
 than four of the daily newspapers published in said city, 
 and in such newspapers published B.lsewhere than in said 
 city as said board shall determine. Such notice shall set 
 forth and state the points within said city, between which 
 said road or roads is or aie to run, the general method of 
 construction, the route or routes to be followed, the term 
 of years for which it is proposed to make such contract, 
 and such other details and specifications as said board shall 
 deem to. be proper. Said notice shall state the time and 
 place at which said proposals will be opened and the said 
 board shall attend at the time and place so specified, and 
 shall publicly open all proposals that shall have been re- 
 ceived, but the said board shall not be bound to accept any 
 proposals so received, but may reject all such proposals 
 and re-advertise for proposals in the manner hereinbefore 
 provided, or may accept any of such proposals as will, in 
 the judgment of such board, best promote the public in- 
 terest, and award a contract accordingly. All contracts 
 made under authority of this act must, before execution, 
 be approved as to form by the counsel to the corporation 
 or other chief legal adviser to said city. 
 
 § 37. For the purpose of providing the necessary means 
 for such construction at the public expense of any such 
 road or roads, the Board of Estimate and Apportionment, 
 or other local authority in said city, in which such road or 
 roads are to be constructed, having power to make appro- 
 priations of moneys to be raised by taxation therein, from 
 time to time, and as the same shall be necessary, and upon 
 the requisition of said Board of Rapid Transit Railroad 
 Commissioners shall direct the Comptroller or other 
 chief financial officer of said city, and it shall there- 
 upon become his duty to issue the bonds of said city 
 at such a rate of interest, not exceeding three and 
 one-half per centum per annum, as said Board of 
 Estimate and Apportionment or other local authority 
 
17 
 
 directing the issue of such bonds may prescribe. Said bonds 
 shall provide for the payment of the principal and interest 
 in gold coin of the United States of America. They shall 
 not be sold for less than the par value thereof and the pro- 
 ceeds of the same shall be paid out and expended for the 
 purposes for which the same are issued, upon vouchers 
 certified by said Board of Rapid Transit Railroad Commis- 
 sioners. Said bonds shall be free from all taxation for city 
 and county purposes and shall be payable at maturity out 
 of the sinking fund for the payment of the city debt, if 
 there be such a sinking fund of said city ; but if there be no 
 such sinking fund, then out of a sinking fund to be established 
 and created out of the annual rentals of said road as here- 
 inbefore provided. The amount of bonds authorized to be 
 issued and sold by this section shall not exceed fifty mill- 
 ions of: dollars, par value, without the consent of the 
 legislature first had and obtained. 
 
 § 38. The Board of Rapid Transit Railroad Commis- 
 sioners, for and on behalf of the said city in which such 
 road or roads may be constructed, may from time to time 
 with the concurrence of all the members of said board and 
 the consent in writing of the bondsmen or sureties of the 
 person, firm or corporation which has contracted to con- 
 struct, equip, maintain and operate said road or roads, or 
 any of them, agree with said contracting person, firm or 
 corporation upon changes in and modifications of said con- 
 tract, or of the plans and specifications upon which said 
 road or roads is or are to be constructed, but no change or 
 modifications in the plans and specifications consented to 
 and authorized pursuant to section five of this act shall be 
 made without the further consent and authorization pro- 
 vided for in said section ; but in no event shall the annual 
 rental to be paid to said city, for the use of said road, be 
 reduced below the minimum rate hereinbefore provided. 
 
 § 39. For the purpose of constructing any such road the 
 said board for and in behalf of said city may acquire, as 
 in this act provided, any real estate, and any rights, terms, 
 and interest therein, and any and all rights, privileges, 
 
18 
 
 franchises, and easements which in the opinion of the 
 board it shall be necessary to acquire or extinguish for the 
 purpose of constructing and operating such road. 
 
 § 40. It shall and may be lawful for said board, and for 
 all persons acting under its authority, to enter in the day- 
 time into and upon any and all lands and property which 
 it shall <lc<Mii necessary to be acquired, or to which (here 
 may be appurtenant rights, terms, franchises, easements or 
 privileges which it shall deem necessary to be acquired or 
 extinguished by said city, for the purpose of making the 
 maps or surveys hereinafter mentioned, and also to enter 
 in like manner and for the same purpose upon any prop- 
 erty adjacent to and within five hundred feet of the prop- 
 erty to be so surveyed ; and the said board shall cause three 
 similar maps or plans to be made of each parcel of prop- 
 erty which it may deem necessary so to be acquired, or to 
 which there may be appurtenant rights, terms, franchises, 
 easements or privileges necessary so to be acquired or ex- 
 tinguished, designating each of said parcels by a number, 
 and upon each map or plan so made the said board shall 
 cause to be clearly indicated the particular estate or estates, 
 rights, terms, privileges, franchises or easements to be ac- 
 quired or extinguished for the purposes of this act, in rela- 
 tion to each and every piece or parcel of property described 
 upon said map or plan. 
 
 The said board shall have power to cause a triplicate set 
 of maps or plans as herein provided for to be made as 
 often and at such times as said board shall determine, and 
 each set of maps or plans so made shall contain the par- 
 ticulars above enumerated within such district as said 
 board shall in each case provide. The maps or plans here- 
 in provided for, when approved and adopted by said board, 
 shall have written thereon a certificate of such approval, 
 signed by the members of said board adopting and ap- 
 proving the same, and one copy thereof shall be filed in 
 the Department of Public Works, or other chief executive 
 department having principal charge of the streets, there to re- 
 main as a public record, and the other two of said maps 
 shall be transmitted to the counsel to the corporation or 
 
19 
 
 other principal legal adviser of said city. The said board 
 may from time to time make and file further maps amend- 
 ing those already filed, but not so as to defeat or impair 
 any property or interest which shall have been already ac- 
 quired, or to revive any interest or right which may have 
 been already extinguished by the said city. 
 
 § 41. Whenever and as often as the said Board shall 
 deem it to be necessary and proper that the said city 
 should acquire any such property and shall have caused to 
 be made, as provided in the last preceding sections, the 
 maps or plans specifying and defining the said property to 
 be acquired, or to which are appurtenant the rights, terms, 
 franchises, easements or privileges to be acquired or ex- 
 tinguished, and shall have certified and filed and trans- 
 mitted the several copies of such maps or plans as in the 
 last section prescribed, the said Board may direct the 
 Counsel to the Corporation or other principal legal adviser 
 of said city, to take legal proceedings to acquire the same 
 for the said city, and the said Counsel to the Corporation, 
 or other principal legal adviser, shall thereupon take pro- 
 ceedings as in this act provided. 
 
 § 42. The said Counsel to the Corporation, or other 
 principal legal adviser of said city, shall cause one of the 
 maps or plans, so as aforesaid transmitted to him, to be 
 filed in the office of the Register of the County, or if there 
 be no such Register, then in the office of the County Clerk 
 of the County in which said city is situated. The map, 
 hereinafter denominated the third map, being the other one 
 of the two so as aforesaid transmitted to said Counsel to 
 the Corporation, or other legal adviser, shall be disposed 
 of as hereinafter provided. 
 
 § 43. After the said map or plan shall have been filed 
 as hereinbefore provided in the office of the Register or 
 County Clerk of said County, the said Counsel to the Cor- 
 poration, or other principal legal adviser, for and on behalf 
 of the said city, shall, upon first giving the notice required 
 by the next section of this act, apply to the Supreme Court 
 at any Special or General Term thereof, to be held in the 
 
30 
 
 Judicial District in which said city is situated, for the 
 appointment of Comissioners of Appraisal. Upon such 
 application he shall present to the Court a petition, signed 
 by the members of said Board and verified in the manner 
 prescribed by law for the verification of pleadings, according 
 to the practice of said Court, setting forth the action thereto- 
 fore taken by said Board, and the filing of said maps and 
 praying for the appointment of such Commissioners of Ap- 
 praisal. Such petition shall contain a general description of 
 all the property to, or in or over or appurtenant to which any 
 title, interest, right, franchise, easement, term or privilege is 
 sought to be acquired or extinguished by the said city for 
 public piurposes, each lot or parcel being more particularly 
 described by a reference to the number of said lot or parcel 
 as given on said maps, and the title, interest, right, ease- 
 ment, term or privilege sought to be acquired, or extin- 
 guished, to, or in or over or appurtenant to each of said 
 lots or parcels shall be stated in said petition. 
 
 § 44. The said Counsel to the Corporation, or other 
 principal legal adviser, shall give notice by publication in 
 two public newspapers published in the said city, of his 
 intention to make application to the said Court for the ap- 
 pointment of such Commissioners of Appraisal, which 
 notice shall state the time and place of such application, 
 shall briefly state the object of the application and shall 
 describe the property sought to be acquired or affected. A 
 statement of the location and boundaries of the several lots 
 or parcels of property sought to be taken or affected, and 
 a brief statement as to each of said lots or parcels of the 
 title, interest, rights, easements, terms or privileges therein 
 or appurtenant thereto, sought to be acquired or extin- 
 guished with a reference to the dates and places of filing 
 the said maps shall be a sufficient description of the prop* 
 erty sought to be so taken or affected. Such notice shall 
 be so published continuously in each issue of said news- 
 papers for six weeks immediately previous to the time fixed 
 in said notice for the presentation of each petition. 
 
 § 45. At the time and place mentioned in said notice, 
 
21 
 
 unless the said Court shall adjourn said application to a 
 subsequent date, and in that event at the time to which the 
 same may be adjourned, the Court, upon due proof to its 
 satisfaction of the publication aforesaid, and upon filing the 
 said petition, shall make an order for the appointment of 
 three disinterested freeholders, residents in said city, as 
 Commissioners of Appraisal, to ascertain and appraise the 
 compensation to be made to the owners of property so to be 
 taken or extinguished for the purposes indicated in this 
 act. Such order shall fix the time and place for the first 
 meeting of the Commissioners. 
 
 § 46. The said Commissioners shall take and subscribe 
 the oath required by the Twelfth Article of the Constitu- 
 tion of the State of New York, and shall forthwith file the 
 same in the office of the Clerk of the County in which said 
 city is situated. 
 
 g 47. On filing said oath in the manner provided in the 
 last section, the said city shall be and become seized and 
 possessed in fee or absolute ownership of all those parcels 
 of property which are on the maps referred to in section forty 
 of this act, described as parcels of property which are to 
 be acquired, and also shall become seized and possessed of 
 all the rights, terms, franchises, easements or privileges 
 appurtenant to any lots or parcels of property indicated on 
 said maps as parcels in regard to which it is deemed neces- 
 sary to acquire such rights, terms, franchises, easements 
 or privileges, or the said rights, terms, easements or 
 privileges shall be extinguished as the case may be ; and 
 the said city, may immediately or at any time or times 
 thereafter take possession of the said property, or of any 
 part or parts thereof without any suit or proceeding at law 
 for that purpose and the said Board and the said city, or 
 any person or persons acting under their or its authority, 
 may enter upon and use and occupy in perpetuity all the 
 parcels of property and all the rights, terms, franchises, 
 easements or privileges appurtenant to any of the parcels 
 of property described on said map. for any of the purposes 
 authorized and provided for by this act. 
 
22 
 
 §48. Any one of said Commissioners of Appraisal may 
 issue subpoenas and administer oaths to wi masses, and 
 they or any one of them, in the absence of the others, may 
 adjourn the proceedings, from time to time in their dis- 
 cretion, but they shall continue to meet from time 
 to time as may be necessary to hear, consider and 
 determine upon all claims which may be presented to 
 them under any of the provisions of this act. In case of 
 the death, resignation, refusal or neglect to serve of any 
 Commissioner of Appraisal, the remaining Commissioner or 
 Commissioners shall, upon ten days' notice, tobegiven by 
 advertisement in the newspapers mentioned in section 
 forty-four of this act, apply to the Supreme Court, at a 
 Special or General Term thereof, to be held in the Judicial 
 District in which said city is situated, for the appointment 
 of a Commissioner or Commissioners to fill the vacancy or 
 vacancies so occasioned. In case of the death, resignation 
 or refusal to serve of all the Commissioners of Appraisal, 
 the said Counsel to the Corporation, or other principal 
 legal adviser to said city, shall, on giving the notice re- 
 quired in this section, apply to the said Court for the ap- 
 pointment of Other Commissioners of Appraisal. It shall 
 be the duty of the Commissioners of Appraisal to procure 
 from the Counsel to the Corporation, or other principal 
 legal adviser, the third map provided for in the sections 
 forty and forty-two of this act. They shall view the 
 property laid down on said map, and shall hear the proofs 
 and allegations of any owner, lessee or other person in any 
 way entitled to or interested in the property to be acquired 
 or extinguished, or any part or parcel thereof, and also 
 such proofs and allegations as may be offered on behalf of 
 the said city. They shall reduce the testimony, if any, 
 taken before them to writing, and after the testimony is 
 closed, they, or a majority of them, all having considered 
 the same, and having an opportunity to be present, shall, 
 without unnecessary delay, ascertain and determine the 
 compensation which ought justly to be made by the said 
 city to the owners or persons interested in the property ac- 
 quired or extinguished by said proceedings. The said 
 
23 
 
 Commissioners of Appraisal shall make reports of their 
 proceedings to the Supreme Court, as in the next section 
 provided, with the minutes of the testimony taken before 
 them, if any, and they shall be entitled to the payment 
 hereinafter provided for their services and expenses, to be 
 paid from the fund hereinafter specified. 
 
 § 49. The said Commissioners shall prepare a report, to 
 which shall be annexed the third copy of the map referred 
 to in section forty-two of this act and therein denomi- 
 nated the third map. The said report shall contain a brief 
 description of the property so taken or affected, with a 
 reference to the map upon which the same is required to 
 be indicated ; a statement of the sums estimated and de- 
 termined upon by them, as a just compensation for the same 
 to be made by the city to the owners or persons interested 
 therein and the names of such owners and persons ; but in 
 all and each and every case or cases where one or more of 
 the owners and persons interested or their respective 
 estates or interests are unknown or not fully known to the 
 Commissioners of Appraisal, it shall be sufficient for them 
 to set forth and state in general terms the respective sums 
 to be allowed and paid to the owners of and persons inter- 
 ested therein, generally, without specifying the names 
 or estates or interests of such owners or persons interested 
 or any or either of them. 
 
 § 50. Said report, signed by said Commissioners or a 
 majority of them, shall be filed in the office of the Clerk of 
 the County in which said city is situated, and "the Commis- 
 sioners of Appraisal shall in each case notify the Counsel 
 to the Corporation or other principal adviser to said city 
 as soon as any such report is filed. 
 
 § 51. The Counsel to the Corporation, or other principal 
 legal adviser, or in case of his neglect to do so within ten 
 days after receiving notice of such filing, then any person 
 interested in the proceedings shall give notice that the 
 said report will be presented for confirmation to the 
 Supreme Court at a Special Term thereof, to be held in 
 the Judicial District in which said city is situated, at a 
 
'24 
 
 time and place to he specified in said notice. The said 
 notice shall contain a statement of the thin* and place of 
 the filing of the. report, and shall be published in two daily 
 newspapers published in such city, for at least four treeka 
 immediately prior to the presentation oi said report for 
 confirmation. 
 
 § 52. The application for the confirmation of the report 
 shall be made to the Supreme Court at a Special Term 
 thereof, held in the .Judicial District in which said city is 
 situated. Upon the hearing of the application for the con- 
 firmation thereof, the said Court shall confirm such report 
 and make an order containing a recital of the substance of 
 the proceedings in the matter of the appraisal, with a general 
 description of the property appraised and for which com- 
 pensation is to be made, and shall also direct to whom 
 the money is to be paid, and whether or not any part 
 thereof, and, if so, what part, is to be deposited by the 
 Comptroller or other chief financial officer of said city with 
 the Chamberlain of said city, or if there be no Chamber- 
 lain, with a bank or trust company to be designated by 
 said Court. Such report when so confirmed shall, except 
 in the case of an appeal, as hereinafter provided, be final 
 and conclusive, as well upon the said city as upon owners 
 and all persons interested in or entitled to said property, 
 and also upon all other persons whomsoever. 
 
 § 53. The said city shall, within four calendar months 
 after the confirmation of the report of the Commissioners 
 of Appraisal, pay to the respective owners and bodies 
 politic or corporate mentioned or referred to in said report, 
 in whose favor any sum or sums of moneys shall be esti- 
 mated and reported by said Commissioners, the respective 
 sum or sums so estimated and reported in their favor re- 
 spectively, with legal interest thereon from the date of 
 filing the oath of said Commissioners, and in case of neglect 
 or default in the payment of the same within the time 
 aforesaid, the respective person or persons or bodies pol- 
 itic or corporate, in whose favor the same shall be so 
 reported, his, her or their executors, administrators, suc- 
 
25 
 
 cessors or assigns at any time or times after application 
 first made by him, her or them to the Comptroller or other 
 chief financial officer of said city for payment thereof, may 
 sue for and recover the same, with lawful interest as afore- 
 said, and the costs of suit, in any proper form of action 
 against the said city in any Court having cognizance 
 thereof, and in which it shall be sufficient to declare gener- 
 ally for so much money due to the plaintiff or plain tiffs 
 therein by virtue of this act for property taken or extin- 
 guished for the purposes herein mentioned, and the report 
 of said Commissioners, with proof of the right and title of 
 the plaintiff or plaintiffs to the sum or sums demanded, 
 shall be conclusive evidence in such suit or action. 
 
 § 54. Whenever the ow T ner or owners, person or persons 
 interested in any property taken or affected in such pro- 
 ceeding, or in whose favor any such sum or Sums or com- 
 pensation shall be so reported, shall be under the age of 
 twenty-one years, or of unsound mind or absent from the 
 city, and also in all cases where the name or names of the 
 owner or owners, person or persons interested in any such 
 property shall not be set forth or mentioned in said report, 
 or where the said owner or owners, person or persons being 
 named therein cannot upon diligent inquiry be found, or 
 where there are adverse or conflicting claims to the 
 money awarded as compensation, it shall be lawful for the 
 said city to pay the sum or sums mentioned in said report 
 payable, or that would be coming to such owner or owners, 
 person or persons, respectively, with interest as aforesaid, 
 to the Chamberlain of said city, or if there be no 
 Chamberlain, then to any bank or trust company des- 
 ignated by the Court in the order confirming the report 
 of the Commissioners of Appraisal, to the credit of such 
 owner or owners, person or persons, and such payment 
 shall be as valid and effectual in all respects as if made to 
 the said owner or owners, person or persons interested 
 therein respectively according to their just rights ; and 
 provided also that in all and each and every such case and 
 cases where any sum or sums or compensation reported by 
 the Commissioners in favor of any person or persons or 
 
2n 
 
 l)arties whatsoever, whether named or not named in said 
 report, shall be paid to any person or persons or party 
 or parties whomsoever, when the same shall of right belong 
 and ought to have been paid to some other person or per- 
 sons or party or parties, it sliall be lawful for the person 
 or persons or party 01 parties to whom the same ought to 
 have been paid to sue for and recover the same, with law- 
 ful interest and costs of suit, as so much money had and 
 received to his, her or their use by the person or persons, 
 party or parties respectively, to whom the same shall have 
 been so paid. 
 
 § 55. Every owner or person in any way interested in 
 any property taken or extinguished as contemplated in this 
 act, if he intends to make claim for compensation for such 
 taking or extinguishment, shall within three years after 
 the appointment of the Commissioners of Appraisal exhibit 
 to the said Commissioners a statement of his claim, and 
 shall thereupon be entitled to offer testimony and to be 
 heard before them touching such claim and the compensa- 
 tion proper to be made him, and to have a determination 
 made by such Commissioners of Appraisal as to the 
 amount of such compensation. Every person neglecting 
 or refusing to present such claim within said time shall be 
 deemed to have surrendered his claim for such compensa- 
 tion, except so far as he may be entitled, as such owner or 
 person interested, to the whole or a part of the sum of 
 money awarded by the Commissioners of Appraisal as a 
 just compensation for taking or extinguishing the prop- 
 erty owned by said person, or in which the said person 
 is interested. 
 
 § 58. Payment of the compensation awarded by said 
 Commissioners of Appraisal to the persons named in their 
 report (if not infants or persons of unsound mind), shall, 
 in the absence of notice to the said city or other claimants 
 to such award, protect the said city. 
 
 § 57. Said Commissioners of Appraisal may in their dis- 
 cretion take up any specified claim or claims, and finally 
 ascertain and determine the compensation to be made 
 
27 
 
 thereon, and make a separate report with reference thereto, 
 annexing to said report a copy of so much of the map re- 
 ferred to in section forty- two of this act as indicates the 
 property so reported on. Such report shall, as to claims 
 therein specified, be the report required in this act, and the 
 subsequent action with reference thereto, shall be had in 
 the same manner as though no other claim were embraced 
 in said proceeding, which, however, shall continue as to all 
 claims upon which no such determination and report is 
 made. 
 
 § 58. Within twenty days after notice of the confirma- 
 tion of the report of the Commissioners, as provided for in 
 section fifty-two of this act, which notice may, as to parties 
 who have not appeared before the Commissioners, be given 
 in the manner provided in section fifty-one of this act, 
 either party may appeal to the General Term of the Su- 
 preme Court in the Department in which such Commis- 
 sioners were appointed, from the appraisal and report of 
 the Commissioners and the order confirming the same. Such 
 appeal shall be heard upon due notice thereof being given, 
 according to the rules and practice of said Court. On the 
 hearing of such appeal the Court may direct a new ap- 
 praisal and determination of any question passed upon, by 
 the same or new Commissioners, in its discretion, and from 
 any determination of the General Term either party, if ag- 
 grieved, may take an appeal, which shall be heard and 
 determined by the Court of Appeals. In the case of a new 
 appraisal the second report shall be final and conclusive on 
 all the parties and persons interested. If the amount of 
 compensation to be made by such city is increased by the 
 second report, the difference shall be paid by the Comp- 
 troller or other chief financial officer of said city, to the 
 parties entitled to the same, or shall be deposited with the 
 Chamberlain, or bank or trust company, as the Court may 
 direct, and if the amount is diminished the difference 
 shall be refunded to the said city by the party to whom 
 the same may have been paid, and judgment therefor 
 may be rendered by the Court on the filing of the sec- 
 ond report against the party liable to pay the same. But 
 
28 
 
 the taking of an appeal by any person or persona shall 
 not operate to stay the proceedings under this act ex- 
 cept as to the particular property with which the said 
 appeal is concerned. Such appeal shall be heard upon 
 the evidencetaken before said Commissioners and any affi- 
 davits as to irregularities, and three printed copies of 
 such evidence shall he furnished by the sai 1 city to the 
 party taking the appeal, within ten days after the appeal 
 is perfected, and such appeal may be heard on the evi- 
 dence so furnished, and may be taken without security 
 thereon. 
 
 § 59. The Supreme Court in the Judicial District in which 
 said city is situated shall have power at any time to amend 
 any defect or informality in any of the special proceedings 
 authorized by this act as may be necessary, and to direct 
 such further notices to be given to any party in interest as 
 it deems proper, and also to appoint other Commissioners 
 in place of any who shall die or refuse or neglect to serve 
 or be incapable of serving or be removed. And the said 
 Court may at any time remove any Commissioner of Ap- 
 praisal who in its judgment shall be incapable of serving, 
 or who shall for any reason, in its judgment be an unfit 
 person to serve as such Commissioner. The cause of such 
 removal shall be specified in the order making the same. 
 If in any particular it shall at any time be found necessary 
 to amend any pleading or proceeding or to supply any 
 defect therein arising in the course of any special proceed- 
 ing authorized by tliis act, the same may be amended or 
 supplied in such manner as shall be directed by the Su- 
 preme Court, which is hereby authorized to make such 
 amendment or correction. 
 
 § 60. All property acquired under the provision of this 
 act shall be and shall be deemed to have been acquired for 
 public uses and purposes, and for the purpose of affording 
 increased facilities for rapid transit between points within 
 the city acquiring such property. 
 
 § 61. The moneys necessary and sufficient to be paid for 
 any property, acquired in any manner under the provisions 
 
29 
 
 of this act, together with all expenses necessarily incurred 
 in surveying, locating and acquiring title to such property, 
 and for surveying and locating the same, and for preparing 
 the necessary maps and plans in connection therewith, 
 shall be raised and paid out of the proceeds of bonds 
 issued and sold as provided by section thirty-seven of 
 this act, and all such expenses as well as those incurred 
 as provided in the next section shall be deemed a part 
 of and included in the cost of constructing the road or 
 roads, the construction of which rendered it necessarj^ to 
 acquire the property in the course of the acquisition of 
 which such expenses may be incurred. 
 
 § 62. The Commissioners of Appraisal appointed in pur- 
 suance of this act shall receive as compensation the sum 
 of ten dollars per day for each day actually employed. 
 They may employ the necessary clerks, stenographers and 
 surveyors. The Counsel to the Corporation or other prin- 
 cipal legal adviser to said city shall either in x>erson or by 
 such counsel as he shall designate for the purpose, appear 
 for and protect the interests of the city in all such pro- 
 ceedings in Court and before the commissioners. The fees 
 of the commissioners and the salaries and compensation of 
 their employees, and all other necessary expenses in and 
 about the said proceedings provided for by this act, and 
 such allowance for counsel fees as may be made by order 
 of the Court, and all reasonable expenses incurred by said 
 Counsel to the Corporation, or otner principal legal adviser 
 or said counsel designated by him for the proper presenta- 
 tion and defense of the interests of said city before said 
 commissioners and in Court, shall be paid by the Comp- 
 troller or other chief financial officer of said city out of the 
 funds referred to in the last preceeding section. But such 
 fees and expenses shall not be paid until they have been 
 taxed before a justice of the Supreme Court in the judicial 
 district in which said city is situated upon five days' notice 
 to the Counsel to the Corporation, or other chief legal ad- 
 viser, of said city. Such allowance shall in no case exceed 
 the limits prescribed by section 3253 of the Code of Civil 
 Procedure. 
 
30 
 
 § 83. The road or roads so constructed shall be and re- 
 main the absolute property of the city so constructing it 
 or them, and shall be and be deemed to be a part of the 
 public streets and highways of said city, to be used and 
 enjoyed by the public upon the payment of such fares and 
 tolls, and subject to such reasonable rules and regulations 
 as may be imposed and provided for by the Board of 
 Rapid Transit Railroad Commissioners in said city. 
 
 Section 10. Wherever it is expressly provided in the 
 act hereby amended that any act of the Board of Rapid 
 Transit Railroad Commissioners shall be done by the 
 concurrent vote of four of the members of said Board, 
 the act hereby amended is further amended so as to pro- 
 vide in such cases that such vote shall be that of six of 
 such members. 
 
 Section 11. The Commissioners of Rapid Transit here- 
 tofore appointed under the act hereby amended, or who 
 became such Commissioners by its terms, upon the organ- 
 ization of the Board which shall succeed them pursuant 
 to said act as hereby amended, shall cease to be such 
 Commissioners, and shall transfer and deliver to the 
 Board of Rapid Transit Railroad Commissioners, provided 
 for by the act hereby amended, as so amended, all furni- 
 ture, books, maps, records, plans and other papers and 
 property of what kind soever appertaining or belonging to 
 or in the custody of the Board of which they were Com- 
 missioners, or in their possession, or under their control 
 as such Commissioners, or held by them, or for which they 
 are responsible in their official capacity. 
 
 The expenses incurred by said Commissioners for which 
 an appropriation or appropriations shall have been made 
 pursuant to section ten of the act hereby amended, shall 
 be paid upon vouchers to be furnished by said Commis- 
 sioners and otherwise, as provided in said section. Said 
 Commissioners shall also be entitled to receive a reasonable 
 compensation for the services which have been rendered 
 by them, which may have been, or which shall be, deter- 
 mined on their application in the manner provided for in 
 
31 
 
 said section. The Comptroller, or other chief financial 
 officer of said city, is hereb} 7 " authorized and directed to 
 issue and sell revenue bonds of such city in anticipation 
 of the receipt of taxes, and out of the proceeds of such 
 bonds to pay said compensation so ascertained and deter- 
 mined, and the amount necessary to pay the principal and 
 interest of said bonds shall be included in the tax levy 
 of said city for the year next following the issue and sale 
 of the same. 
 
 Section 12. This act shall take effect immediately. 
 
m