New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-04-01

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,,cu,ar n precedence OF hearing ana 'i'"' 00'0' wy
oonrt over every other legal proceeding.
Gre O. The said the NcwYork ana h"rie'" i"
,.v may TO promote the public interest Oh com
fort alter or vary the plan OF the line anu pIauODo
berein authorized, whenever they, OF e'"e' VI "0'
nav pass along or over narrow streets or whenever
other considerations may render changes desrape ior
a., onoro, ,ood. but I'm all cases OF alteration or
chance tho ,u strength and safety thereof shall be
maintained. ,,o.
SIC ~ In constructing the said line and branches
the said the New-York and Harlem Railroad company
is hereby authorized:
To change the present location OF the morse raroau
tracks in any OF the streets avenues through aohe
or over which the said line branches is authorized TO
be constructed far such change may be necessary
to the construction OF said line and branches provided
however that such change shall be made at the expense
of the said the NewYork and Harlem Railroad Com
many and that the practical efficiency OF all such horse
railroad tracks shall be preserved.
To change the route horse railroad tracks
operated by said Company north of Thirty secondst
so as TO take them out of the tunnel and open cut
tween Thirty fourth and FOrtYsecOndsts. and carry
them over what is known as Murray Hill, through
and along that part OF the Fourth-ave. known
as Park-ave. provided, however, that such change
shall affect in any way the incosed spaces OF parks
now existing in the center Of said Park-ave
g. To purchase lease from, and with the consent OF
the thereof the franchises and properties or
either of the surface raid corporations, occupy
ing or III anywise. crossing using the avenues or
streets along which the structures and railway author
lied by this act is and TO enjoy all the rights and
privileges OF the vendors lessons, and to fix, sete
and adjust the terms of the contract and
mode and time of satisfaction payment for franchises
properties, rights, aud privileges so acquired.
SEC In order to carry tho provisions OF THIS
act the said the New-York and Harlem Railroad Com
md
100000 in amount Of capital stock, to be
designated as special capital Stock which said spe
cal capital stock" shall be entitled to all the rights and
benefits of the present ordinary capital stock OF the eao
Company except that it shall not be entitled 20 receive
any payment from the New-York Central and HUDSON
River Railroad Company, under the provisions OK inc
contract, by way of lease, now existing between tha
Company and the said the New-York aud Harlem Rail
! road Company.
SEC H. II a CORPORATION, to be known as the Third
ave- Quick Transit Company shall be authorized TO con
struct an elevated railroad from the corner OF Ann
! st. and Broadway, through Park-row, with pfsnen
through the extension of Beekmanst to Broadway ana
the SAID corporation SHALL at any time within three
months after the passage of this act give notice 10 e
New-York and Harlem Railroad Company that they
desire TO construct their road in Parkrow and from the
junction of Center and Cbathamss to the lower enc
thereof at Ann st. aud through the extension OF Beck
| man-st. TO Broadway, at the same tme ahc
| in common with the railroad authorized by TIM
act to be built by the New-York and Harlem Railroad
Company such structures shall be built In !common bJ
| the said corporation and the New9ork and Harlem
Railroad Company, upon such terms as TO plans
switches uTnOuts use, sharing OF expense ant
payments az can be agreed upon between them III
case they agree upon the terms OF construction
plans switches turnOuts, common use, sharing OF ex
pense and payments aforesaid, the same shall bt
ascertained and determined by commissioners to b'
appointed by court is provided III respect to the
acquiring of real estate in the act entitled An act
authorize the formation of railroad corporations and tc
regulate the same passed April 1850 and the several
| acts amendatOry thereof and additional thereto.
SEC 49, Within days after the passage OF this act the
New York and Harlem Railroad Company shall execute
and deliver to the Controller of the City of NewYorR
their corporate bond TO the MAYOR, Aldermen and com
monalty OF the City OF NewYork, conditioned for the
payment Of 100000 said Mayor. Aldermen, and com
monalty in case the railroad herein authorized shall moi
be in operation within two years and six months from
the passage of this act the said time being extended e
| long as said New-York and Harlem Railroad Company
| may be necessarily and unavOidably hindered OF
| DELAYED by pending legal proceedings against IT,
| SEC. Ii. This act shall take effect immediately.