The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-04

The majority OF the committee OF the Assembly, 10
whom the petitions for legislation 1Sfraint OF grants
o. rights Of way in streets, TO rare o6mpanes was re-
ered have begged leave to be discharged from the con
sideraii0n Of the subject One Of the minority -Mr.
Boey-hss reported bill, of which the following is
cory
an ut 10 prevent injustice in The construction Of Railroads
in he cites Of this State
Tho people of New York represented in Senate AMI
Assembly do enact as follows
Section J. No railroad shall hereafter be constructed
ia any city Of ths State under authority Of the Com
Council other municipal authorities thereof here
hereafter granted unless such construction be
sanctioned and confirmed by the Supreme court OF the
dic'a district containing such city, at general term
thereof. as hereinafter provided.
sect 2 Notice Of application for such sanction and
confirmation shall be given in the manner provided oy
law in reference to the applications for the opening OF
sweets and avenues in any such city and such notice
shall be published at least twenty days in not less than
three Of the daily papers of the largest circulation
sec 8 Upon the hearing Of such application the said
Supreme Court shall receive objections verified ada-
wits from any person claiming to be interested in any
real estate bounded the streets avenues on which
such railroad is proposed to be constructed claiming
that his rights interests will in any way be affected
by the construction Of said road and the said
receive rebuttng evidence oath in favor Of such
application and such other evidence any Of the parties
MAY in any stage Of the hearing desire TO submit.
Sc T. IT. upon such hearing it shall appear to said
court that Of those persons who owners of real estate
on The line Of the streets or avenues through which such
railroad proposed to be constructed those represent
ing the largest amount in value of such real estate
ia favor Of the construction Of said railroad that the
public interest will be eminently promoted by such
construction justify any real or supposed injury to
private rights the said court may, under order con
brmng and sanctonng such grant, setting forth there
IN upon which Of the grounds herein stated such con6r
nation has been made.
sec . Such order shall not be final, authorize any
proceedings in the actual construction Of such railroad
by persons claiming under grant for such purpose
until satisfactory proof oath shall be adducei to said
court ~ general term that the privilege Of construct
ing such road has been granted after an advertisement
cfa least thirty days in three Of tie newspapers of
largest circulation printed in said city inviting proposas
for such privileges that such grant was fairy and
honestly made without the mployment OF undue means
influences to the parties Offering carry passenger
at the lowest rates. and OF sufficient ability ana who
have given absolute security for the performance Of All
the conditions u aid grant and that the terms OF such
grant are in IA expects fair and just. And upon such
pro1f beng adducs5 the said court shall hear any obe
toss foun3ed rs that any citizen Of such city NAV
present against a order approving such grant for
fair eDd enable opportunity shall be given by
ts order Of sut ourt. And upon hearing Of the said
pirties the court may, by order finally approye the
tnt 20 male may require notifications therein TO
conform bessna 20 the conditions contained ia this