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Further, That they run a car thereon, each and every day, both ways, as often as every fifteen minutes, from 5 to 6 o'clock, A. M.; Every four minutes, from 6 o'clock, A. M., to 8, P. M.; every fifteen minutes, from 8, P. M., to 12, M., and as much oftener as public convenience may require, under such directions as the Common Council, may, from time to time, prescribe; also,

That the said passage on said railroad shall not exceed a greater sum than five cents for any distance, between the southern point of said railroad, and Sixty-first street; and six cents for the entire length of said railroad; and also,

That said track, or tracks, shall be laid upon a good foundation, with a grooved rail, or such other rail as may be approved of by the Common Council and the Street Commissioner, even with the surface of the streets through which they may pass, and shall be commenced within six months, and completed to Forty-second street, within one year from the passage of this resolution; and from Forty-second street, toward and to the Harlem river, as fast as the Third avenue shall be graded, and in a proper condition to lay rails thereon.

2. Resolved, That said parties have the consent of the Common Council, and permission is hereby given to them to connect their said railroad, at the junction of the Bowery and Grand street, with the Second Avenue Railroad, if constructed; and said parties, and those to whom permission may be given by the Common Council, to lay a railroad through the Second avenue, shall have the free use in common of the double track from said junction, through the Bowery to Chatham street; and of one of the tracks to be laid from the southerly termination of the Bowery, through Chatham street to Pearl street; each of said parties to pay one-half the expense of constructing and keeping in repair the double and single track, so to be used by them in common. Either of said parties to have the right to construct said double and single track, so to be used in common, and if constructed by either, the other of said parties shall pay one-half the actual cost thereof; or said parties may, by mutual agreement, construct the same jointly.

3. Resolved, That in consideration of the good and faithful performance of the conditions, stipulations and agreements above prescribed, and of such other necessary requirements as may hereafter be made by the Common Council, for the regulations of the said railroad, the said parties shall pay, from the date of opening the said railroad, the annual license fee for each car now allowed by law, and shali have licenses accordingly.

4. Resolved, That within a reasonable time after the passage of these resolutions, the said parties, or a majority in interest thereof, may form themselves into an association, which shall be vested, with all the rights and privileges hereby granted; and shall have power, by the votes of at least a majority in interest of the associates, to frame and establish articles of association, providing for the construction, operation and management of said railroad, and to make contracts for the purchase of property, for the use or benefit of said railroad.

5. Resolved, That the association shall not be deemed dissolved, by the death or act of any associate, but his successor in interest shall stand in his place, and the rights of each associate shall depend on his own fulfillment of the conditions imposed on him by these restrictions, or the articles of association and by-laws of the association; and in case of his failure to fulfill the same, his rights shall be forfeited to, and devolve upon the remaining associates, after twenty days' notice of such failure, from the secretary of the association, specifying the particulars of his delinquency; and said parties or associates may, at any time, incorporate themselves, under the general railroad act, whenever two-thirds in interest of the associates shall require it.-(Res. Dec. 31, 1852).

Resolved, That the time within which, by the provisions of the grant dated January 1, 1853, authorizing the construction of the Third Avenue Railroad, the grantees in said grant named, and their assigns were permitted to lay down a double track in the Bowery, south of Fifth street, and along Park row, be, and the same is hereby extended until the expiration of three months after such time as the Third Avenue Railroad Company shall be deprived by the New York and Harlem Railroad Company, of the privilege now enjoyed by the Third Avenue Railroad Company, of running their cars over the tracks of the New York and Harlem Railroad Company.-(Res. Dec. 9, 1853).

THE SECOND AVENUE RAILROAD.

Resolved, That permission is hereby given to Denton Pearsall, Joseph C. Skadon, Abraham B. Rapelyea, Wm. L. Hall, R. T. Mulligan, Charles Miller, Daniel J. Sherwood, Abraham Allen and Henry Goff, to lay a grooved railroad track in the following streets and avenues of the city of New York, viz: Commencing at a point in the Second avenue at or near to Forty-second street, thence running down the Second ave

nue to Twenty-third street with a double track; through Twenty-third street, with a single track, to the First avenue; down First avenue to Allen street; through Allen street to Grand street; through Grand street to the Bowery; down the Bowery to Chatham street; across Chatham street to Oliver street; through Oliver street to South street; through South street to Roosevelt street; across Roosevelt street to Front street; through Front street to Peck slip, the terminus. Returning, with a single track, as follows: Through Peck slip to Pearl street; through Pearl street to Chatham street; through Chatham street to the Bowery; through the Bowery to Grand street; through Grand street to Chrystie street; through Chsystie street to the Second avenue, to Twenty-third street, where it intersects the double track, and so on to its termination, opposite the Harlem river, with a double track.

Provided, however, That all the said rails shall be laid down in such manner, and in such parts of the said streets and avenues as shall be approved by the Street Commissioner, so as to cause no impediment to the common and ordinary use of the streets and avenues 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 permanent manner, and keep the same in repair to the entire satisfaction of said Street Commissioner.

And, provided further, That no motive power, except horses, be used below Forty-second street; and, further, that they run a car on said road, for the convenience of public travel, each and every day, both ways, as often as every fifteen minutes, from 5 to 6 o'clock, A. M.; every four minutes, from 6 o'clock, A. M. to 8 o'clock, P. M.; every fifteen minutes, from 8 o'clock, P. M. to 12 o'clock, P. M., and every thirty minutes, from 12 o'clock, P. M. to 5 o'clock, A. M., and as much oftener as public convenience may require, under such directions as the Common Council may, from time to time, prescribe.

Also, that the rate of passage on said railroad shall not exceed a greater sum than five cents to Forty-second street; and also, that the Common Council shall have power to regulate the fare for the entire length of said road, when it shall be completed to Harlem river.

Also, that said road shall be commenced within six months, and completed to Forty-second street within one year, and from Forty-second street to Harlem river within three years from the passage of this resolution.

Resolved, That the said parties shall, in all respects, comply with the direction of the Street Commissioner, and of the Common Council, in the building of said railroad, and in the running of the cars thereon, and in any other matter connected with the regulation of said railroad.

Resolved, That the said parties shall, before this permission takes effect, enter into a good and sufficient agreement with the Mayor, Aldermen and Commonalty of the city of New York, to be drawn and approved of by the Counsel to the Corporation, binding themselves to abide by and perform the stipulations and provisions herein contained, and also all such other regulations or ordinances as may be passed by the Common Council, relating to the said road.-(Res. Dec. 11, 1852). Resolved, That the route of the Second Avenue Railroad be, and the same is hereby changed from Front street, between Roosevelt street and Peck slip to South street, between the same points.-(Resolution, July 20, 1853).

THE NINTH AVENUE RAILROAD.

Resolved, That the Common Council do hereby grant the right and privilege to James Murphy, William Radford and Miner C. Story, and their respective assigns, and to those they may associate with them, to construct a railroad from Fifty-first street to the Battery, and back, in and through the following streets, viz :

With a double track from Fifty-first street through the Ninth avenue to Gansevoort street; thence by a single track through Greenwich street to the Battery; and by a single track through Gansevoort street to Washington street, and through Washington street to the Battery, and through Battery place, between Greenwich and Washington streets, to connect the said single tracks. And also, to run cars for the conveyance of passengers, &c., upon said road each and every day, at such times as they may think proper, subject to provisions hereinafter named. Provided, said railroad shall be constructed in all respects after the manner of the construction of the Eighth avenue railroad.

Provided, That in no case steam power be used on any part of said railroad; and also,

Provided, That the said grantees shall begin the construction of said railroad on or before the 1st day of May next, and shall complete the same, and commence running cars thereon, within eighteen months thereafter; and also,

· Provided, That the said grantees shall run cars upon the road so constructed, each way, between Fifty-first street and the Battery, every day, as often as every fifteen minutes from five to six A. M.; and every four minutes from six A. M. to eight P. M.; every. fifteen minutes from eight P. M. to twelve M., and as much oftener as public convenience may require, under such direction as the Common Council may, from time to time, prescribe; and

Provided, That no more than five cents be charged for each passenger, riding over the whole, or any portion of the distance of said road; and also

Provided, That said grantees shall keep the space between the tracks, and the space for two feet each side of the same, at all times, in thorough repair; and also,

Provided, That the said cars shall be licensed by the Mayor, and the grantees shall pay the annual fee of twenty dollars per car for such license; and

Also, The said grantees and their associates and assigns, shall have the privilege to organize a joint stock association, either with or without incorporation, to carry out the objects of this grant, and a majority in interest of the grantees, their assigns and associates, shall have the control, management and direction of the road, and the business thereof; and should any or either of the grantees or their associates, or of the shareholders, neglect to pay their respective proportion of the money required for carrying into full effect the grant hereby made, when by such majority thereunto required, the others shall be at liberty to make such payment; and this grant shall enure to the benefit of those who pay in the proportion of their respective contributions.

These resolutions shall be certified by said grantees above-named ; and a copy thereof signed by them shall be deemed the agreement between the Mayor, Aldermen and Commonalty of the city of New York, and said associates; and shall be sufficient, in all respects, to give and grant to the said grantees, their associates and assigns aforesaid, the right and privilege above-mentioned, and bind them to conform to the directions herein contained.

And also provided, that said railroad shall be continued from Fiftyfirst street along the Ninth avenue to the Bloomingdale road, thence along the Bloomingdale road to the Tenth avenue; thence along the Tenth avenue to the Harlem river, whenever required by the Common Council, and as soon and as fast as said avenues are graded tion, Dec. 28, 1853).

(Resolu

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