The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-06-23

at any point north Of Ninety-nintA street -
i snSa ssid line nay Be constracssd
and ops,,ssd D sn elevated 9. surface Ss ..
the route Aforesaid the necessary connections turn
OUTS switches and other conveniences for the proper
working and accommodation OF said railway.
and operating the said tunnel and railway, said cor
enter upon and underneath the several Streets
avenues. squares, public places and lands herein
before specined ana INTO ana upon me SOL OF .ne
railway along the route and to the points herein
specified and contemplated, such tunnel and railway
upon the most approved plans for lighting ventilating
and draining, and OF SUFFICIENT dimensions for the
PpuSc q rsve and AZ such depth below the
face and In such manner as enectually to prevent
any interference with the surface Of said streets av
enues squares or grounds or the use OF the same,
with such exceptions are provided for In this act
and except also that during the progress OF con-
struction 1t shall be lawful to make such excavations
and openings in said streets. avenues, squares and
grounds, under which said tunnel and railway shall
be constructed or over which said railway tracks
shall be laid, as shall be necessary from time to
time, and IN all cases the surface and pavements OF
said streets, avenues squares and grounds over said
tunnel and railway shall be restored to the
condition in which they were before such
excavations were made, as near as possible,
ana Rractlca, one-na me width ,,, OF SAID
but where excavations for the full width of such
streets or avenues shall be made, they shall not be
quarter mile OF said route; nor shall they be more
than two hundred and fifty feet IN length In any one
place nor shall they be Kept open longer than for
period OF sixty days In any one place, except by the
consent in writing, Of the Street Commissioner OF
the city Of New York. And 1t shall be lawful for
said corporation to make construct ana maintain
openings for ventilation or light extending from
said tunnel to the outer edges Of the sidewalks Of
the streets or avenues, and to the surface Of the
squares in which said tunnel shall be constructed,
and said openings shall not exceed two
feet in width, except in public squares and
GQid ma ha fonf
in width by eight feet in length ut any one point;
said openings for ventilation in said parks and
squares shall be covered with q cast iron grating;
said grating shall not extend more than six inches
above the surface OF said squares PARKS and said
company shall erect and maintain hollow iron pill
lars or columns OF an ornamental pattern suitable
for lamppOsts, which may be substituted for the
posts now in use; the said posts being provided with
gaspipes, burners and lanterns, at the expense OF
said corporation. 1t is hereby provided however,
that the said corporation shall be liable to the
Of SAID raway tunnel for apy damages Which he or
they shall sustain by reason OF any direct injury
caused thereto by the construction Of such railway
SEC. 6. The said corporation shall have the right
to acquire the title to and hold such real estate
construct and operate said tunnel and railways as
herein provided and to construct and maintain the
proper platforms stations and buildings Of said
pOratiOn at such points along the route as may be
most convenient and suitable for the ingress and
egress Of passengers and freight, and necessary for
the operation Of the railway and for proper COM
munication between said tunnel and platforms, and
said stations and buildings; and in case it can.
not agree with the owner or owners OF such
thereof, 1t may acquire the title to the same in
the manner specified in the acts hereinbefore re-
any Of the. purposes authorized by this section,
1t shall not be necessary that the petition to the
sock o. r 90
the fling Of any certificate Of locations but whenever
1t shall be necessary or convenient for the said rail-
way turnOuts platforms or stations to take and
for the purpose OF operating the same any public
grounds, parks or places, no compensation shall be
awarded or demanded for the same; but in all cases
the Of the Aforesaid streets, avenues squares,
grounds and public places and the right OF way
under and through the same, Tor the purpose OF
tunnel and railway as herein authorized and pro-
vided shall be considered and Is hereby declared to
be public use consistent with the uses for which
hold said streets, avenues and public places. But
no opening IN any public grounds, parks or places
shall be more than i've hundred feet IN length nor
more than one hundred feet in width.
SEC. T. Said tunnel shall be constructed at such
depth below the surface OF the streets avenues
will avoid any interference with changes In the
water mains OF the Croton Aqueduct Board, except
such changes as may be in the opinion Of the Chief
Engineer OF the CrotOn Aqueduc Board necessary for
| the proper construction Of said railway and for
public convenience; and such necessary changes In
said mains and all changes, additions and alterations
which may be made necessary IN the sewers by the
construction OF said tunnel and railway, shall be
made under the direction and supervision OF the
Croton Agueduct Board but at the proper cost and
SEC 8. whenever the route herein specified and
railway shall fntersect with or cross or coincide
with any horse railway tracks now occupying the
surface OF said streets and avenues, the said horse
railway tracks SHALL If practicable be carried over
said openings upon temporary bridges or structures
and such to nporary bridges and structures shall be
constructed In such manner as not to interfere with
the practical operation or working OF such street
railways; and upon the completion OF said tunnel and
such portions Of the route thereof where such changes
OF the horse railway tracks may be made, the same
snail be restored, as near as practicable to the cond
ton In which they were previous to the construction
Of cal Off cfura
and restoration OF tracks shall be made at the proper
cost and charges Of this corporation.
SEC o. said tunnel and railway shall be exclu.
svey for the uses and purposes OF said Railway Com
pany, and 1t shall not be lawful for any person
persons other than public officer in the execution
Of his duty such, with his agents and assistants
to enter or pass through the same or any portion
thereof, on foot or in any other way than In the
that purpose, without the consent Of said
corporation, under penalty OF $50 for each offence,
Mayor Aldermen, Commonalty and oiiicers Of the
Corporation Of the city OF New York hereby pro.
hibited from giving any permission To any other per-
son, body or corporation 70 do any OF the acts or
things hereby authorized, or to hinder, delay or
embarrass the construction or operation OF said tun
lied But nothing herein contained shall prevent
the Corporation OF the city OF New York, or the off,
GERS ol any aepartment tnereoi, from entering the
Ing any sewer or water main or other public work,
or any gas company from laying or repairing Its
SEC. 10. The said corporation shall be and Is here.
by authorized TO collect and receive for the ranspor
tation OF passengers the following fares, to witt
For one person Tor any distance under three miles
the sum OF six cents, and for every mile or fraction
thereof in addition two cents the said rates to in
clude government tax
SEC IL. The said corporation shall bave subscrip-
tons to its stock to the amount OF 900 before
the construction Of said tunnel and railway Is COM
menced and one year from the passage OF this act
within which to commence the same, and three
years within which to complete said tunnel and
railway to Forty-second street, and five years to
complete the same to and along Harlem river,
necessary and unavoidable delays from the pen
dency OF legal proceedings against said corporation
excepted aud no omission to construct any portion
shall work forfeiture OF this franchise in respect to
any section Of said tunnel and railway which may
have been commenced or completed.
SEC IL. II Is hereby made condition OF this grant,
that said company SHALL before the LIST day Of Janu
ury next deposit with the Comptroller Of this state
the sum OF $500 000 In bonds OF the United States
OF the state OF New York, as pledge that they viii
commence the construction OF said tunnel and rail-
way, and complete the same within the time limited
In this act and upon the completion OF the same, In
the time and manner herein provided the said Comp