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the said bonds to bear interest at a rate not exceeding six per cent., payable semi-annually.

23. The amount of bonds authorized to be issued by this ordinance, shall be based on the amount of uncollected assessments returned to the Clerk of Arrears; and the sums borrowed on said bonds shall be applied to the payment of claims against the city, growing out of the performance of any work payable by assessment; provided the assessment for such work has been confirmed by the Common Council.

Of "Miscellaneous Debts of the City."

An Ordinance, passed Oct. 3, 1853.

The Mayor, Aldermen and Commonalty of the city of New York, in Common Council convened, do ordain as follows:

1. The Comptroller is hereby required to borrow, by the issue of bonds, authorized by the act entitled "An act to authorize the Mayor, Aldermen and Commonalty of the city of New York to issue Assessment Bonds," passed April 16, 1852, the sum of two hundred thousand dol lars.

2. The proceeds of such bonds are hereby appropriated and applied to the payment of two hundred thousand dollars of the amount due to John Pettigrew, on account of work done by him as assignee of the contract, for regulating section C of Second avenue, under an ordinance adopted the 30th September, 1850, providing for the regulating of Secone avenue, from Twenty-eighth to One hundred and twenty-third street.

3. The Comptroller is directed, upon the receipt of the proceeds of said bonds, to pay the same over to John Pettigrew, on account of work done under said ordinance and contract, and to draw his warrant accordingly to the said John Pettigrew, for the said sum of two hundred thousand dollars.

CITY RAILROADS.

ORDINANCES AND RESOLUTIONS RELATING TO THE DIFFERENT LINES OF RAILROADS RUNNING THROUGH THE STREETS OF THE CITY.*

Be it ordained, &c., That the grantees of all railroads within the city, their associates and successors, shall, in the construction, alterations and repairs of such railroads, at all times, furnish such new work, make such additions, and do all such repairs to man-hole heads and covers, receiving basins and stop-cocks and covers, and generally of all fixtures connected with sewers, and the distribution of Croton water, as may, in the process of laying down such rail tracks, be affected thereby; such additions, alterations and repairs to be done under the direction of, and to the satisfaction of the Croton Aqueduct Department, and that in no case shall such rail tracks be laid over the line of Croton water mains, stopcocks, or sewer man-holes.--(Ord. May 16, 1853.)

THE HARLEM RAILROAD.

Resolved, That the maps presented by the New York and Harlem Railroad Company, so far as the same locates the route of the said railroad, from the north side of Twenty-third street, through the centre of the Fourth avenue to Harlem river, and the branch of the same through the centre of One hundred and twenty-fifth street, from the Fourth avenue to the Hudson river, be approved, upon condition that neither this approval, nor anything herein contained, shall be construed into a consent to the said Company to construct the said railroad; but that the said Company shall first obtain the consent of the Mayor, Aldermen and Commonalty of the city of New York, before they commence the construction of said road.-(Resolution, Oct. 11, 1831.)

A Law to authorize the New York and Harlem Railroad Company to construct their railway.

1. Be it ordained, &c., That the New York and Harlem Railroad Company be, and they are hereby permitted to construct and lay down, in pursuance of their act of incorporation, a double or single track, or

* Resolutions as to laying of bridges and others, which do not affect the general regulations of the roads have been omitted. The provisions here incorporated have been inserted as matters of general interest.

railroad or railway along the Fourth avenue, from Twenty-third street to the Harlem river, in conformity with a map now on file in the Register's office, and a branch thereof along One hundred and twenty-fifth street, from the Fourth avenue to the Hudson river, provided that the width of such double railroad or way shall not exceed twenty-four feet.

at any time after the consaid New York and Harlem

2. And be it further ordained, That if, struction of the aforesaid railways, by the Railroad Company, it shall appear to the Mayor, Aldermen and Commonalty of the city of New York, that the said railways, or any part thereof, shall constitute an obstruction or impediment to the future regulation of the city, or the ordinary use of any street or avenue of which the said Mayor, Aldermen and Commonalty shall be the sole judges, the said Railroad Company, or the Directors thereof shall, on the requisition of the said Mayor, Aldermen and Commonalty forthwith provide a remedy for the same, satisfactory to the said Mayor, Aldermen and Commonalty, or if they fail to find such remedy, they shall, within one month after such requisition, proceed to remove such railway, or obstruction, or impediment, and to replace the street or avenue in as good condition as it was before the said railway was laid down; and should the said Directors decline or neglect to obey such requisition, the said Mayor, Aldermen and Commonalty may, upon the expiration of the time limited in such notice, cause the obstruction or impediment to be removed, and the avenues or streets restored as aforesaid, at the expense of the said Railroad Company.

23. That the right of regulating the description of power to be used in propelling carriages on and along said railways, and the speed of the same, as well as all other power reserved to the said Mayor, Aldermen and Commonalty by the act of incorporation of the said Company, or any part thereof, be, and the same are hereby expressly retained and reserved.

4. That it shall especially be incumbent on the said New York and Harlem Railroad Company, at their own cost, to construct stone arches and bridges for all the cross streets now or hereafter to be made, (which will be intersected by the embankments or excavations of the said railroad) and which, in the opinion of the Common Council, the public convenience requires to be arched or bridged; and also to make such embankments or excavations as (in the opinion of the Common Council) may be required to make the passage over the railroad and embankments, at the intersected cross streets, easy and convenient for all the

purposes for which streets and roads are usually put to, and also that the said Company shall make, at their own like cost and charges, all such drains and sewers as their embankments and excavations may (in the opinion of the Common Council) make necessary, all which work to be done under the like requisition and under like disabilities, as in the second section of this ordinance mentioned; and, further, that the said Company shall make their railroad path from time to time conform to what may hereafter be the regulation of the avenue and road through which said railroad passes.

5. That it shall be incumbent on the said New York and Harlem Railroad Company to commence and complete their said railroad in the respective times allowed for that purpose in their act of incorporation; and unless they commence and complete the same in the periods of time for the said commencement and completion in said incorporation specified, that then the consent of the Common Council, and all the powers and privileges given in this ordinance shall cease and be null and void.

6. That in case the said railrond should not be completed within the times for that purpose in their charter mentioned, or if any time after the construction of the said railroad, the same should be discontinued, or not kept up, and in repair as a good and sufficient railroad, that then the strip of land to be taken for the said railroad should be thrown open and become a part of the street or public avenue, without any assessment on the owners of the adjoining land or the public therefor.

27. That no building shall be erected on the said strip of land to be taken for said railroad; and that a railing or other erections shall be made on the outer edges of the embankments or railroad path, and also such railing or fences on the edges of the excavations as the Common Council shall, from time to time, deem necessary to prevent accidents and loss of lives to our fellow citizens.

8. That this ordinance shall not be considered as binding on the Common Council, nor shall the said ordinance go into effect until the said Harlem Railroad Company shall first duly execute (under their corporate seal) such an instrument in writing (promising, covenanting and engaging on their part and behalf to stand to, abide by, and perform all the conditions and requirements in this ordinance contained) as the Mayor and the Counsel of the Board shall, by their certificate approve, and not until such instrument shall be filed, so certified in the Comptroller's office of this city.-(Passed Dec. 22, 1831).

Resolved, That the New York and Harlem Railroad Company be, and are hereby authorized to take possession of the ground owned by the Common Council, over which the line of said railroad is ordered to be constructed, and that they may be permitted to use the same during the continuance of the present charter, for the purpose of a railroad, and that only, and when they cease so to use it, it shall revert to the Corporation; provided always, that said land shall be so used as not to interfere with the use of the cross streets, and on condition, however, that if the said Corporation shall not commence the said railroad, and complete the same within the time limited by their charter, then the privilege hereby granted shall cease and be void.-(Resolution, Feb. 1, 1832).

Resolved, That the New York and Harlem Railroad Company be permitted, and the Common Council hereby consent, so far as their rights extend, that the said Company may extend their rails southerly from the north line of Twenty-third street to Prince street, subject, however, to the same conditions and restrictions which the Common Council heretofore imposed upon said Company in respect to that part of the road above Twenty-third street; that the said Company may forthwith proceed to lay down a single track through the Fourth avenue, south of Twenty-third street, Union place, Bloomingdale road and Broadway, and another single track through the Bowery-both as far south as Prince street; and after two months' use of a single track upon the whole distance south of Twenty-third street, on both Broadway and the Bowery, with convenient turnings at the several terminations as abovementioned they may, unless otherwise directed by the Common Council, lay down a second track on each of the above-mentioned routes; the same to be maintained by the said Company, subject at all times to the regulations of the Common Council, and also subject to the obligation of removing the whole or any part of the railways hereby permitted to be laid down in case the Common Council shall hereafter see fit to require the same; provided, however, that all the said rails shall be laid down in such manner and in such parts of the said streets as shall be approved by the Street Commissioner, so as to cause no impediment to the common and ordinary use of the streets for all other purposes, and that the water-courses of the streets shall be left free and unobstructed, and that the said Company shall pave the streets in and about the rails in a satisfactory and permanent manner, and keep the width of twenty feet of said paving, including the rails in good repairs at all times during the continuance of their use thereof; and, provided further, that if at any time after the said rails shall have been laid down, the Common Council

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