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ficient repair the pavement in the said street between the width of their track.

Provided, further, That the New York and Westchester County Railroad Company shall pay a license fee to the city of New York of twenty-five dollars per annum for each car on the line hereby authorized; and

Provided, further, That the New York and Westchester County Railroad Company shall, within ten days from the passage of this resolution, notify the Mayor, in writing, of their acceptance thereof. (Pesolution, December 29, 1854.)

Resolved, That permission is hereby given to Edwin R. Bennett, Daniel Sloat, John A. Dempsey, Burr Wakeman, John W. Murray, Benjamin Wood, William H. Mansfield, Walter W. Price, William J. Peck, George H. Purser, John M. Helck, William M. Tweed, Henry E. Farnsworth, Aaron V. Frost, William L. Shardlow, John Buck, Robert Earle, and Charles H. Hall, and those who may hereafter become associated with them, have the authority and consent of the Common Council, and permission is hereby granted them, to lay tracks for a railroad in the following streets and avenues: Commencing from the northerly limit of avenue C, thence along avenue C to Second street; thence along Second street to avenue A; thence along avenue A to Essex street; thence along Essex street to Grand street; thence along Grand street to Greene street; thence along Greene street to Canal street; thence along Canal street to West street to Courtlandt Street Ferry. Returning from the Courtlandt Street Ferry,through West street to Canal street; thence along Canal street to Mercer street; thence along Mercer street to Grand street; thence along Grand street to Norfolk street; thence along Norfolk street to Houston street; thence along Houston street to avenue C; thence along avenue C to the northern limit of avenue C; and also along Grand street, from Essex street to the Grand Street Ferry. Such track or tracks to be laid on such grades as are now established, or may hereafter be established, by the Common Council; and that they run cars thereon each and every day, both ways, and as often as the public convenience may require, under such prudential directions as the Common Council may from time to time prescribe.

Further, That they run a car thereon each and every day, both ways, as often as every fifteen minutes from five to six o'clock A. M.; every our minutes from six o'clock A. M. to eight o'clock P. M.; and every

fifteen minutes from eight o'clock P. M. to twelve o'clock M., and as much oftener as the public convenience may require, under such direction as the Common Council may from time to time prescribe; also, that the said passage on the said railroads shall not exceed a greater sum than is now charged, or may hereafter be charged, by the other city railroad companies for the entire length of said railroad.

And, also, that said track or tracks shall be laid upon a good foundation, with an improved rail, even with the surface of the street through which they may pass.

And, also, that in the construction, operation, and use of such railroad, should the parties above named or their assigns deem it necessary or proper to run upon, intersect, or use any portion of any other railroad tracks now laid upon any of the streets or avenues above named, they are hereby authorized to run upon, intersect, and use the same; and in case they cannot agree with the owner or owners 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 2, 1850; and should any real estate or interest therein be required for the purpose of constructing said railroad, or said route or routes, as above specified and authorized, for which the said persons above named, or their assigns, shall be unable to agree with the owner or owners for the use or purchase thereof, they may acquire the right to use or title to the same in the manner specified in the fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth, and twenty-first sections of the said act of April 2, 1850; except that in any of the proceedings for any of the purposes authorized by the said sections it shall not be necessary that the petition to the Supreme Court shall make any allegations of or reference to any incorporation, capital stock, surveys or maps, or of the filing of any certificate of locations. But in all cases the use of said streets and avenues for the purposes of said railroad, as herein authorized, shall be considered one of the uses for which the Mayor, Aldermen, and Commonalty of said city hold said streets and avenues.

And, also, that the association shall not be deemed dissolved by the death or any act of any associate; but his successor in interest shall stand in his place, and the right of each associate shall depend on his own fulfillment of the condition 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 right 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 twothirds in interest of the associates shall require it. (Resolution, December 31, 1864.)

THE HIGHBRIDGE RAILROAD COMPANY.

Resolved, That the consent and permission of the Common Council be, and the same is hereby, given and granted to the Highbridge Railroad Company to construct and operate that part of their route within the corporate limits of the city of New York along and upon the following streets, avenues, and roads, to wit: Along and upon Third avenue, from One Hundred and Thirtieth street to One Hundred and Twenty-fifth street; thence along One Hundred and Twenty-fifth street to Manhattan street; thence along Manhattan street to Bloomingdale road or Eleventh avenue; thence along Bloomingdale road and Tenth and Eleventh avenues to Highbridge. (Resolution, December 30, 1865.)

MISCELLANEOUS RESOLUTIONS AS TO RAILROADS.

Resolved, That the Superintendent of Police be, and he is hereby, requested to report to the Corporation Attorney all violations of the city ordinances by the various railroad companies, or by any parties transacting business with said companies. (Resolution, February 13, 1861.)

Resolved, That the Croton Aqueduct Board be, and they hereby are, directed to take such measures, in connection with the Counsel to the Corporation, as will prevent any further interference with or disturbance of the public streets and highways of the city of New York without due permission from the proper corporate authorities, as provided for in the Corporation Ordinances.

Resolved, That the Counsel to Corporation be, and he hereby is, directed forthwith to commence legal proceedings against any and all parties

or party that have, in violation of sections thirty-nine and forty-one of chapter twenty-four of the Revised Ordinances, been guilty of disturbing any of the public streets or highways within the city limits to recover from such party or parties the penalties therein prescribed.

Resolved, That the Croton Aqueduct Board be, and they hereby are, directed to notify any and all parties who have laid railroad tracks in or upon any of the streets or avenues of the city without the requisite permission to remove the same forthwith; and upon the refusal or neglect of such party or parties so to do, then the said Board is hereby directed to proceed to perform such removal, and to restore such streets and avenues to their original condition at the cost and expense of said party or parties. (Resolution, November 4, 1863.)

Resolved, That the Street Commissioner be, and he is hereby, authorized and directed to notify the company or persons owning or claiming to own the unused rail tracks in North Moore street to lower said tracks to the established grade of the street; and in the event of his being unable to ascertain the names of the owner or owners, or their neglect or refusal to remove the same forthwith, that he cause the said railtracks to be removed from the street, and to dispose of the materials removed in order to reimburse the city for the expense of such removal, as such rails in their present condition are a positive obstruction to the use of said street. (Resolution, April 23, 1866.)

MISCELLANEOUS PRIVILEGES, &C.

Resolved, That there be, and hereby is, granted to the Hydrogenated Fuel Company of the city of New York the right to lay pipes for conducting hydrogenated fuel and other heating agents for heating and other domestic purposes through the streets, avenues, lanes, alleys, squares, and other public places in said city, for a period of thirty years; the said conductors to be laid under the supervision of the Street Commissioner. (Resolution, December 15, 1860.)

Resolved, That there be, and is hereby, granted to the Anthracite Gas-lighting and Heating Company of New York, and their assigns, the right to lay pipes and mains for conducting gas for illuminating

and heating, and other purposes, through the streets, avenues, lanes, and other public places in the city of New York, for a period of fifty years, as provided by the general manufacturing laws of the State of New York; the said conductors to be laid under the supervision of the Street Commissioner, the said company being required to restore the streets opened by them for laying such pipes to the same condition as before the said pipes and mains were laid. (Resolution, September 17, 1863, as amended by Resolution of May 26, 1865.)

Resolved, That permission be, and it hereby is, given to the People's Gas-light Company of New York city to manufacture, supply, and sell gas in the city of New York, and to lay conductors for conducting gas through the avenues, streets, lanes, alleys, and public squares of said city, for a period of fifty years from the date of the organization of said company; said conductors to be laid by said company under the supervision of the Croton Aqueduct Department; and the said company are required to restore the streets opened by them for the purpose of laying such conductors to the same condition as before the said conductors were laid. (Resolution, October 30, 1863.)

Resolved, That there be, and is hereby, granted to the City Gas Company of New York, or their assigns, permission to manufacture, supply, and sell, and the right to lay pipes or mains for conducting gas for illuminating and other purposes through the streets, avenues, lanes, and other public places in the city of New York, for a period of fifty years from the date of the organization of said company, as provided by the general manufacturing law of the State of New York; the said conductors to be laid by the said company or their assigns under the supervision of the Street Commissioner, the said company being required to restore the streets opened by them for the purpose of laying such pipes and mains to the same condition as before the said pipes and mains were laid. (Resolution, June 29, 1865.)

Whereas, Certain contracts exist between the Corporation of the city of New York with the Manhattan, Metropolitan, and Harlem Gas Companies for the supply of gas in lighting different districts of said city; and

Whereas, It has become expedient to terminate the same; now, be it

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