Chap. 300. AN ACT to amend the act entitled "An act to authorize the appointment of Commissioners to appraise lands to be taken for the Lake Ontario, Auburn and New York Railroad Company, and to define the time within which said company shall be required to complete their road," passed April 13, 1857. Passed April 17th, 1858, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The first section of the said act is hereby amended so as to read as follows: § 1. In case the Lake Ontario, Auburn and New York railroad company, which was organized in the year one thousand eight hundred and fifty-six, shall be unable to agree with the owners thereof, for the purchase of any real estate required for any of the purposes of its incorporation, it shall have the right to acquire title to the same, in the manner and by the special proceedings prescribed by law, in relation to railroad companies, whenever, in addition to what has already been expended upon said railroad, at least the sum of two thousand two hundred dollars, for every mile of its railroad proposed to be constructed, shall have been in good faith subscribed to the capital stock of said company, and ten per cent thereon shall have been paid in cash to the directors or treasurer thereof. This shall not apply, however, to that division of their railroad, situate, lying and being, between its northern terminus at Fair Haven, in the town of Sterling, and the city of Auburn, both in the county of Cayuga, upon which said division said railroad company shall have the right to acquire title as aforesaid, whenever in addition to what has already been expended upon said railroad, at least the sum of fifteen hundred dollars, for every mile of its railroad, proposed to be constructed, shall have been in good faith subscribed, to the capital stock of said company, and ten per cent thereon, shall have been paid in cash to the directors or treasurer thereof. § 2. This act shall take effect immediately. Chap. 301. AN ACT to authorize the stockholders of the Burlington and Utica plank road to sell and convey a part of their road. Passed April 17th, 1858, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The stockholders of the Burlington and Utica plank road, are hereby authorized to sell and convey any portion of their road. 2. This act shall take effect immediately. Chap. 302, AN ACT to change the name of the benevolent association known as "The Fire Department of the city of Utica." Passed April 17th, 1858. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The name of the corporation created by the act entitled "An act to incorporate the firemen of the city of Utica as a benevolent association," passed April second, Chap. 303. AN ACT to authorize the laying of a Railroad track in Broadway and through certain other streets in the city of Brooklyn, and New Lots in the county of Kings. Passed April 17th, 1858. The People of the State of New York, represented in Senate and Assembly, do enact as follows: &c. § 1. It shall be lawful for Augustus Ivans, and those who Railroad in may be now or hereafter associated with him, provided they Broadway, shall organize as a company pursuant to the sixth section of this act, and their successors, to lay a double railroad track in the street known as Broadway and Division avenue in the city of Brooklyn, from its intersection with Firststreet, thence through said Broadway to Alabama avenue, in East New York, in said county of Kings, and a single track through Alabama avenue to Atlantic avenue, and through Atlantic avenue to Georgia avenue, and through Georgia avenue to and across Jamaica turnpike; also a single track through South Sixth and South Seventh streets to First street, thence through First street to intersection with Broadway, with the privilege to lay tracks for the necessary turn-outs. § 2. The tracks shall be laid with grooved rail, flush with Tracks. the surface of the streets, and shall conform to the grade of Street to be pair. the streets as the same is now or shall be from time to time established or altered. § 3. The said company hereby authorized to be formed kept in re- shall keep the surface of the streets inside of the rails, and for two feet outside thereof, in good repair, and may run cars of said road, and may charge and collect a fare not to exceed five cents for each passenger over twelve years of age, under twelve and over two years, three cents, under two years without charge, for any distance ridden on said road; but no car shall be run on said road unless drawn solely by horses, and shall be run as often as the public convenience may require, and be subject to such rules and regulations in respect thereto as the common council of the city of Brooklyn may from time to time by ordinance prescribe, and to the payment to the city of the same license fee annually, for each car run thereon, as is now paid by other city railroads in said city. May run of Brooklyn city rail. road. § 4. In the construction, operation or use of such railover track road, should such company deem it necessary or proper to run upon, intersect or use any part or portion of other city railroad tracks now laid upon any of the streets or avenues above named, they are hereby authorized to run upon, intersect or use the same, provided that the cars of the company, hereby created, in passing over the track of the Brooklyn city railroad, shall not stop upon said track except to receive and let out passengers, which shall be done with as much rapidity as it can be done for the safety of passengers leaving or entering the cars of the road hereby created, and so as not to interrupt or delay the passage of the cars of the Brooklyn city railroad company upon said track; and the said corporation, hereby created, shall also make all the necessary turn-outs for going upon and leaving the said track of the Brooklyn city railroad company, and shall keep constantly at each of such turn-outs, at the expense of the said corporation hereby created, a competent and efficient man, to each of such turn-outs, who shall so regulate such turn-outs as to allow at all times the ready, free and safe passage of the cars of said Brooklyn city railroad company's cars along their said track, and shall keep the said track, and the said turn-outs, at all times, in good and sufficient condition and repair, and shall also run their cars in the same direction along the said track, as the said Brooklyn city railroad company run their cars over their said road; and in case they can not agree with the owner or owners Turn-outs. thereof respecting the compensation or payment to be made therefor, then the amount of such compensation or payment shall be ascertained and determined in the manner provided by subdivision six of the twenty-eighth section of the act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty. 5. The said railroad shall be completed within eighteen When to be months from the passage of this act, and the capital shall completed. be taxed in the city of Brooklyn, and the cars shall be licensed and pay a licensed fee, and be subject to police and municipal control, as provided in respect to other city railroads in said city. 6. It shall be lawful for said Augustus Ivans solely or to organize with his associates, to organize under an act of the legis- corporation. lature entitled "An act to authorize the formation of railroad companies, and to regulate the same," passed April second, eighteen hundred and fifty, and in the event of such organization all the provisions of said last mentioned act, except the number of persons designated in the first section thereof, shall apply to the said grantee and his associates, also except the provision of section twenty-seven of said act. §7. The said company shall have power to issue their Bonds and bonds or obligations for the constructing, equipping and obligations. running said road, to the amount of one-half of the capital stock necessary for such purposes, in which case each stockholder shall be personally liable for the payment of such bonds or obligations. § 8. The said company shall not construct said railroads until a majority of the owners of the property located on the line of said railroads named in the first section of this act shall sign a petition to the common council of the city of Brooklyn in favor of such construction. Evidence of such majority shall be ascertained by reference to the assessors' list of owners of such property in the tax roll levied for the general tax in the year eighteen hundred and fifty-seven. § 9. All laws and parts of laws conflicting with this act are hereby repealed. § 10. This act shall take effect immediately. |