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Street Surface Railroads.

$ 96

amo 19012. 419

court may appoint commissioners.-Any street railroad in operation in this state, which shall, by a two-thirds vote of its directors decide to extend the route of its road, so as to cross a river over and by any bridge now or hereafter constructed under the provisions of any law of this state, may so extend their route over and across such bridge upon such terms as may be mutually agreed upon between it and such bridge company, and may locate the terminus of their road in the county adjoining the one in which their road is now located and in operation, upon first obtaining the consent of such bridge company or its lessees, and the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of that portion of a street or highway upon which it is proposed to construct or operate such railroad, or in case the consent of such property owners cannot be obtained the appellate division of the supreme court in the district in which it is proposed to be constructed may, upon application, appoint three commissioners, who shall determine after a hearing of all parties interested, whether such railroad ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners. Whenever a terminus of any public viaduct, bridge, or bridges, or public viaduct connected with any bridge or bridges, heretofore or hereafter constructed in and owned and maintained by any city of the first class, or town adjoining the same, is or shall be located at or adjacent to or within one-half mile of the route of any existing street surface railroad the corporation owning or operating such railroad may, irrespective of any provisions otherwise applicable thereto contained in any general or local act, upon obtaining the consent of the local authorities and property owners as above provided, and upon complying with the provisions of the railroad law applicable thereto, extend its road or route and construct and operate its railroad, to, upon and across such viaduct, bridge or bridges and approaches thereto for the purpose of connecting with another railroad route not more than one-half mile distant from such bridge or viaduct so as to afford a continuous ride for one fare, subject to the provisions of the railroad law. This section shall not apply to any bridge over the Hudson or East rivers in the counties of New York and Kings, nor to any bridge or viaduct constructed under the provisions of any, socalled, grade crossing law. (As amended by chap. 590 of 1898, § 1.)

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97. Use of tracks of other roads.-Any railroad corpora tion in this state, whose cars are run or operated by horses of other motive power, authorized by this article, upon the surface of the street, excepting in the city and county of New York, may, for the purpose of enabling it to connect with and run and operate its cars between its tracks, and a depot or car-house owned by it, run upon, intersect and use, for not exceeding five hundred feet, the tracks of any other railroad corporation, the cars of which are run and operated in like manner with the necessary connections and switches for the proper working and accommodation of the cars upon such tracks, and in connection with such depot or car-house, upon paying therefor such compensation as it may agree upon with the corporation owning the tracks to be run upon, intersected, and used; and in case such corporations can not agree upon the amount of such compensation, the same shall be ascertained and determined in the manner prescribed in the condemnation law.

$ 98. Repair of streets; rate of speed; removal of ice and snow. Every street surface railroad corporation so long as it shall continue to use any of its tracks in any street, avenue or public place in any city or village shall have and keep in permanent repair that portion of such street, avenue or public place between its tracks, the rails of its tracks, and two feet in width outside of its tracks, under the supervision of the proper local authorities, and whenever required by them to do so, and in such manner as they may prescribe. In case of the neglect of any corporation to make pavements or repairs after the expiration of thirty days notice to do so, the local authorities may make the same at the expense of such corporation, and such authorities may make such reasonable regulations and ordinances as to the rate of speed, mode of use of tracks, and removal of ice and snow, as the interests or convenience of the public may require. A corporation whose agents or servants willfully or negligently violate such an ordinance or regulation, shall be liable to such city or village for a penalty not exceeding five hundred dollars to be specified in such ordinance or regulation. (As amended by chap. 676 of 1892.)

§ 99. Within what time road to be built.-In case any such corporation shall not commence the construction of its road, or of any extension or branch thereof within one year after the consent of the local authorities and property owners, or the de

Street Surface Railroads.

§§ 100-101

(As amended by

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termination of the general term as herein required, shall have
been given or renewed, and shall not complete the same within
three years after such consents, its rights, privileges and fran-
chises in respect of such railroad extension or branch, as the case
may be, may be forfeited. If the performance of any such act,
within such time, is prevented by legal proceedings in any court,
such court may also extend such time for such period as the court
shall deem proper.
The time for compliance with this require-
ment in this or any former act, by a street surface railroad cor-
poration incorporated for the purpose of constructing a street
surface railroad only, wholly south of the Harlem river and in
cities of over twelve hundred thousand inhabitants and which has
heretofore obtained such consents is hereby extended until June
thirtieth, eighteen hundred and ninety-five.
chap. 676 of 1892, chap. 434 of 1893, § 1.)
§ 100. Motive power.-Any street surface railroad
any portion of its road by animal or horse power, or by cable, elec-
tricity, or any power other than locomotive steam power, which said
locomotive steam power is primarily generated by the locomotive
propelling the cars, and in the use of which either escaping steam or
smoke is visible, which may be approved by the state board of rail-
road commissioners, and consented to by the owners of one-half of
the property bounded on that portion of the railroad with respect
to which a change of motive power is proposed; and if the consent
of such property owners cannot be obtained, the determination of
three disinterested commissioners, appointed by the general term
of the supreme court of the department in which such railroad is
located, in favor of such motive power, confirmed by the court,
shall be taken in lieu of the consent of the property owners. The
consent of the property owners shall be obtained and the proceed-
ings for the appointment and the determination of the commission-
ers and the confirmation of their report shall be conducted in the
manner prescribed in sections ninety-one and ninety-four of this
article, so far as the same can properly be mdae applicable thereto.
Any railroad corporation making a change in its motive power
under this section, may make any changes in the construction of its
road, or roadbed or other property rendered necessary by the
change in its motive power. Where a street surface railroad in the
counties of Herkimer and Hamilton is located wholly outside the
limits of an incorporated city or village, such railroad may, with the
approval of the state board of railroad commissioners be operated
by locomotive steam power, provided that such steam power is
generated by oil. (As amended by chap. 676 of 1892, chap. 584 of
1899 and chap. 679 of 1900.)

101. Rate of fare. No corporation constructing and operat



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ing a railroad under the provisions of this article, or of chapter two hundred and fifty-two of the laws of eighteen hundred and eighty-four, shall charge any passenger more than five cents for one continuous ride from any point on its road, or on any road, line or branch operated by it, or under its control, to any other point thereof, or any connecting branch thereof, within the limits of any incorporated city or village. Not more than one fare shall be charged within the limits of any such city or village, for passage over the main line of road and any branch or extension thereof if the right to construct such branch or extension shall have been acquired under the provisions of such chapter or of this article; except that in any city of the third class, or incorporated village, it shall be lawful for such corporation to charge and collect as a maximum rate of fare for each passenger, ten cents, where such passenger is carried in a car which overcomes an elevation of at least four hundred and fifty feet within a distance of one and a half miles. This section shall not apply to any part of any road constructed prior to May six, eighteen hundred and eighty-four, and then in operation, unless the corporation owning the same shall have acquired the right to extend such road, or to construct branches thereof under such chapter, or shall acquire such right under the provisions of this article, in which event its rate of fare shall not exceed its authorized rate prior to such extension. The legislature expressly reserves the right to regulate and reduce the rate of fare on any railroad constructed and operated wholly or in part under such chapter or under the provisions of this article. (As amended by chap. 676 of 1892, and chap. 688 of 1897, § 1.)

102. Construction of road in street where other road is built. No street surface railroad corporation shall construct, extend or operate its road or tracks in that portion of any street, avenue, road or highway, in which a street surface railroad is or shall be lawfully constructed, except for necessary crossings or, in cities, villages and towns of less than one million two hundred and fifty thousand inhabitants over any bridges, without first obtaining the consent of the corporation owning and maintaining the same, except that any street surface railroad company may use the tracks of another street surface railroad company for a distance not exceeding one thousand feet, and if in a city hav ing a population of less than thirty-five thousand inhabitants, except Long Island City, for a distance not exceeding fifteen hun


Street Surface Railroads.

§ 103

dred feet, and in cities, villages and towns of less than one million two hundred and fifty thousand inhabitants shall have the right to lay its tracks upon, and run over and use any bridges used wholly or in part as a foot bridge, whenever the court upon an application for commissioners shall be satisfied that such use is actually necessary to connect main portions of a line to be constructed or operated as an independent railroad, or to connect said railroad with a ferry, or with another existing railroad, and that the public convenience requires the same, in which event the right to use shall only be given for a compensation to an extent and in a manner to be ascertained and determined by commissioners to be appointed by the courts as is provided in the condemnation law, or by the board of railroad commissioners in cases where the corporations interested shall unite in a request for such board to act. Such commissioners in determining the compensation to be paid for the use by one corporation of the tracks of another shall consider and allow for the use of tracts for all injury and damage to the corporation whose tracks may be so used. Any street surface railroad corporation may, in pursuance of a unanimous vote of the stockholders voting at a special meeting called for that purpose by notice in writing, signed by a majority of the directors of such corporation, stating the time, place and object of the meeting, and serving upon each stockholder appearing as such upon the books of the corporation, personally or by mail, at his last known post-office address, at least sixty days prior to such meeting, guarantee the bonds of any other street surface railroad corporation whose road is wholly or partly in the same city or town or adjacent cities or towns. (As amended by chaps. 306 and 676 of 1892, chap. 434 of 1893 and chap. 693 of 1894.)

103. Abandonment of part of route.- Any street surface railroad corporation may declare any portion of its route which it may deem no longer necessary for the successful operation of its road and convenience of the public, to be relinquished or abandoned. Such declaration of abandonment may be adopted by the board of directors of the corporation under its seal, which shall be submitted to the stockholders thereof at a meeting called and conducted in the same manner as required by law for meetings of stockholders for the approval of leases by railroad corporations for the


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