directors. for the first year shall be Archibald Young, C. L. Reck- First nagel and E. Lott, Jr. And the directors hereafter to be chosen shall be elected annually, at such time and place Annual and in such manner as the by-laws of said corporation may prescribe. election. 86. The board of directors shall have power to fill any By-laws. vacancy that may occur during the year in their body, and also to make such by-laws, rules and regulations as may be necessary and requisite for the management of the business of the said corporation, and the control, management and disposition of the property, estate and effects of the said corporation, and for the regulation of all matters whatsoever appertaining to the concerns of said corporation. of wharfage. 7. The said corporation is empowered to establish and Collection collect such rates of wharfage for vessels lying by or making fast to said dock, and for persons landing articles on or taking articles off said dock, as shall seem to the directors reasonable and just. powers and § 8. The said corporation shall possess the powers, and General have the privileges, and be subject to the provisions of privileges. title three, chapter eighteen, part one of the Revised. Statutes. 9. This act shall take effect immediately. Chap. 502. AN ACT to amend an act entitled "An act to authorize the extension of the Clove Branch railroad, and to facilitate its construction," passed March twenty-fourth, eighteen hundred and sixty-nine. PASSED April 28, 1870. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of chapter sixty-eight of the laws of eighteen hundred and sixty-nine, is hereby amended so as to read as follows: of railroad 1. The Clove Branch Railroad company is hereby Extension authorized, at any time within five years from and after authorized. the passage of this act, to extend its railroad from any Construction of point upon its line, as now located, into or through the Branches to towns of East Fishkill, Beekman or Union Vale, or iron mines. either of them, in the county of Dutchess; and to con struct a branch or branches, within the time aforesaid, from its main line to any ore beds or iron mines now opened, or hereafter to be opened, in the town of East Fishkill, Beekman, or Union Vale; and to construct, as docks and part of its railroad, suitable docks, depots, and other terminal facilities, in the town of Fishkill, and also a branch from the Dutchess and Columbia Railroad, from some point in said town not east of the west line of lands from Dutch- of Dewitt Dubois to some point upon lands granted by the State of New York to George H. Brown; but such points to be determined by said Clove Branch Railroad company. depots in Fishkill. Branch ess and Columbia railroad. Repeal of registry law except for New York city. Special law applicable York city. to New § 2. This act shall take effect immediately! Chap. 503. AN ACT respecting elections other than Militia PASSED April 28, 1870; three-fifths being present. The People of the State of New York, represented in SECTION 1. All laws and parts of laws which provide or § 2. Nothing in this act contained shall be construed to apply to the city and county of New York, nor to repeal, alter, or amend any of the provisions of an act entitled "An act in relation to elections in the city and county of New York," passed April fifth, eighteen hundred and seventy. § 3. This act shall take effect immediately. & 2 Chap. 504. AN ACT to authorize the construction of a Rail- PASSED April 28, 1870. The People of the State of New York, represented in franchise of railroad. sale, how SECTION 1. The commissioners of the sinking fund of Sale of the city of New York are hereby authorized, within twenty 125th street days after the passage of this act, to advertise for six weeks in at least five of the daily papers published in said Notice of city, that they will, on a certain day and hour, and at a published. certain place to be therein specified, sell at public auction to the highest bidder, the right, privilege and franchise to construct, operate by animal power and use a railroad, with a single or double track as hereinafter provided, and to convey passengers thereon for compensation, through, upon and along the following streets or avenues, route or Route of routes in the city of New York, viz.: Commencing on the railroad. North or Hudson river, at the foot of One Hundred and Thirtieth street; thence through and along One Hundred and Thirtieth street, with a double track, to Manhattan street; thence through and along Manhattan street, with a double track, to One Hundred and Twenty-fifth street; thence through and along One Hundred and Twenty-fifth street, with a double track, to the East or Harlem river; also from One Hundred and Twenty-fifth street, thence through and along the Third avenue, with a double track, to the Harlem bridge; also from the Third avenue, thence through and along One Hundred and Thirtieth street, with a double track, to the Harlem river; also from One Hundred and Twenty-fifth street, at its intersection with Tenth avenue, thence northerly, through and along the Tenth avenue, with a double track, to the terminus of said Tenth avenue, together with the necessary connections, turnouts and switches, for the proper working and accomodation of the said railroad on the said streets or avenues, route or routes; said road to be completed when to be within two years from the passage of this act, except upon and along Tenth avenue, and upon and along said avenue completed. 2 sale. when to issue to purchaser. as fast as the same shall be opened, graded and paved, from One Hundred and Twenty-fifth street. Such sale Manner of shall be conducted in the ordinary manner of sales at auction, and the person or corporation who shall offer to pay into the city treasury the largest sum of money for such right, privilege or franchise shall receive from said commissioners a certificate that he or they are entitled to such grant, and are authorized to construct, operate and use the same, in accordance with the provisions of this Certificate, act. Such certificate to be issued on the payment, within ten days, into the city treasury, of the amount of the bid, and of the execution of a bond to the mayor, aldermen and commonalty of the city of New York, in such form and for such an amount as the said commissioners shall prescribe, conditioned that the person or corporation receiving such certificate shall, within two years, finish and complete said road and equip the same with the requisite number of cars and horses, except along Tenth avenue as aforesaid; but should he or they be restrained or prevented by any legal proceedings from completing and constructing the same, the time for which they are so restrained, shall not be deemed or taken to be part of the time within which the same is to be completed. The commissioners of the sinking fund may reject any bid, if in their judg ment it is for the interest of the city that they should do so, and offer the franchise for sale again upon like previous notice and advertisement as is herein required for the first sale. Power to reject bids, and to readvertise. Certificate authorise laying of double track. § 2. The party or corporation receiving such certificate to anchore is hereby authorized and empowered to lay, construct and operate a railroad, with a single or double track, through," along and upon the streets and avenues, route or routes before mentioned, in the city of New York, with the necessary connections, turnouts and switches for the proper working of the same. Manner of construction. 3. Said railroad shall be constructed on the most approved plan for the construction of city railroads, and with the rail now used upon the street railroads in Philadelphia, commonly called the Philadelphia rail, and shall be run as often as the convenience of passengers may require, and shall be subject to such reasonable rules and regulations in respect thereto as the common council of regulations. the city of New York may, from time to time, by ordinance, prescribe; and the said party or corporation are hereby authorized to charge the same rate of fare for the Common council to prescribe conveyance of passengers on said railroad as may be Rate of charged by other city railroads in said city. passenger fare. Right to use portion railroads, how other, how acquired. acquired. 84. In the construction, operation or use of such railroad upon the route or routes above designated, should of tracks of such person or corporation deem it necessary or proper to run upon, intersect or use any portion of 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 second, eighteen hundred and fifty. And should any real estate or interest therein be re- Title to real quired for the purpose of constructing said railroad on said estate, how route or routes, as above specified and authorized, for which the said person or corporation shall be unable to agree with the owner or owners thereof 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 twentyfirst sections of the said act of April second, eighteen hundred and fifty, except that in any of the proceedings for any of the purposes authorized by this section, 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 location. But in all cases the use of Use of said streets and avenues for the purposes of said railroad and as herein authorized, shall be considered a public use, con- public use. sistent with the uses for which the mayor, aldermen and commonalty of said city hold said streets and avenues. Nothing in this act contained shall authorize or allow the Not more existence of more than two tracks in any part of said than two streets or avenues. And the road herein authorized shall authorized. be used for the conveyance of passengers exclusively, and Animal the cars be drawn by horses and mules only. § 5. The legislature may at any time alter, amend or repeal this act. 6. This act shall take effect immediately. deemed a tracks motive power. |