The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-25
RAPID TRANSIT UNDERGROUND.

THE NEW YORK CENTRAL UNDERGROUND RAIL-
WAY COMPANY SECURES VICTORY IN THE
couRTs-THEIR RIGHTS AND FRANCHISES TO
BE RESPECTED By THE CITY,
Rapid transit. this time underground instead of
overground, has received encouragement from an
order OF Judge Sanford OF the Superior Court direct
Ing the Commissioner Of Public Works TO respect tho
rights OF tho Central Underground Railway Company.
Tho notice Of tho order, and extracts OF the i'm
portant portions are given follows:-
SUPERIOR COURT OF THE or NEW
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der herewith served upon you Impressed With its seal
the s and Of the
pany enter into and upon the sol to con;truc main
Ell
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ann and ss nc or % sss
Of Public Works Inc Board Of Aldermen Sy any
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nd TO law s ." p oer
contempt Of Its said orders and decree; ,,,r
APRIL "a, 1877
THE SUCCESSION or PowERs
The papers served consisted OF the decree on FORE
closure and sale OF the rights and property OF the New
York City Central Underground Railway Company and
the orders made IN that case. They show that the
action aud appeared ana were by Tho Cor.
poraton Counsel and that in the final order all NUM-
cpai officers and servants commanded TO observe
aud respect the rights and powers construct the
railway, which that order fully FORTH and
are In substance as follows:-
II was adjudged that the New York City Central Un-
foreground Railway Company was corporation located
IN SAID city organized under and pursuant to chapter
$50 the Laws OF 1865 and chapter S24 OF the Laws of
1869, Of this State, and had the franchises,
rights and powers property, properties and
tue time Of the transactions mentioned;
that the mortgage orccosed conveyed certain rights
and properly within the boundaries OF streets, ave-
and public places located and defined by four
OF maps pronles and descriptions, tho first Of
which was 1lcd by the company In the Office OF the
Clerk OF the city and county VI New York on the 9Th
DAY OF march, 1870 and the others in the REGISTERS
office at later datcs that in Streets avenues aud pub
lie places there right Of occupancy, SEIZURE
and possession the lands premises and grounds de-
scrbcd Tor the and purpose OF constructing, man.
tanning and operating double track railway for tho
use and purpose OF constructing, maintaining and OPP
Grating brunch railway TO tho Central Park, and rail
way connections with steam and horse railroads as
granted these enactmens and that these rights and
powers should continue 10 tho company and
successors for tho whole period specified in tho
statutes No direct statement appears that the
franchises could not DO forfeited for not constructing
the railway but the foregoing seems 10 be equivalent
to such declaration Again, the following nndng by
be conclusive on this polnt:-And II further appear
ing from said report and having boon found by said
rclcrcc that the right OF occupancy seizure ana pos
session, with the specific uses, rights and powers
granted TO the company by the aforesaid statutes as set
forth described in said order made the 10th day
OF August, 1875 as hercnbefore reced, property
and property rights granted and conveyed IN aud by
said indcnture OF mortgage, dated July q, 1873, In
connection with such right OF way other property
therein conveyed and mortgagcd as such description
relates TO land In the lines or boundaries Of tho
Streets avenues and puonc places. II therefore
SO ordered, adjudged and decreed
THE WORK COMMENCED
Concerning the commencement OF the the ref
cree cx-Judge Joseph 5. Bosworth found as follows
That the said railway company prior to May 10, 1871
commenced the construction OF the tunnel and railway
which, by the statutes aforesaid tho said railway
pany was authorized to construct and ate, and
that tho workmen OF said railway company were
thence employed for several weeks ut tho excavation
and masonry TOR tho tunnel wall made and built on the
adopted line Tor tho said railway between Bond and
Great Jones Streets the city OF New York That tho
masonry at this point was commenced a solid foun-
dalton at depth OF about thirty feet below tho surface
Of the street. and was carried to the sprnging line
for the tunnel arch. That said railway COM
pany also commenced work the adopted
line OF said railway before the 10th OF May,
1871, on Madison avenue, IN the city OF New
York, near Nnctysixth street, and thence there con-
tinued the said work until several hundred feet OF
that locality, when work was suspended, tho city
authorities were then DESTROYS OF proceeding with the
work Of grading Madison avenue at that point was
therefore, 10 these matters and things ordered
adjudged and decrced. 1t was further ordered that
the purchaser purchasers such salo be put into
OF the said promises franchises and prop
erty with the aforesaid property rights and rights OF
property belonging thereto and that the
lions defendants thor officers and servants viii ro
spect tho aforesaid orders judgments and DEGREES
herein, and tho duo legal proceedings DO had pur.
suant thereto.
The section OF the charter that still saves the lie OF
this corporation Is as follows-
The said corporation shall the construction Of
Its tunnel and railway within two years from passage OF
this act and shall have three thereafter compile
the TO Fortysecond street. and
complete the to and along Harlem River
and delays IRON the tendency Of
ngs against said corporation excepted; and TO
construct any portion shall work forfeiture o this fran
chse In section OF said
which may have been commenced OF completed.
NOTIFYING ALDERMEN.
Each member OF the Common Council was yesterday
served with copy OF the above order 1t will be
rccollected that Commissioner ampbel lately sup.
gestcd to the Board OF Aldermen the Feasibility o
granting some other company the right to build nm
underground road This order VIII prevent the giving
OF any such privilege at present, lar the above
| route Is concerned.
HONORABLY DISCHARGED.