New-York tribune., 1908-12-09
PTRIIC NOTICES.


that the said assignee or lessee W. -,,ch
more favorable conditions cTesteu t,I, not
statute or its charter. and thes esAsrv,isa ez-
emption from liability to perform
ali az the conditions Of this eontract- o-stv,
rtad sbaI, not Dc assigned. either IN
whole or in part. OF leased oi I,bt tn
manner. nor shall title thereto. or ! 81 ',e.,
tsrest OF property therein, ln,H@sqion Hs-s9i yThatso-
in any other person or coTpoIaS1.on S1,,anv or
ever either by the act OF the CoiN On - ,ro
I,v operation of law. whether uuuei 49, ion
visions of the statute relating 20 - cr
soIiSsfton or merger OF corporations, or
otherwise without the consent 81 W a.
acting by the Board. evidenceo s.fr ~ con
struuent under seal. anything heIsIHi >1sa
Tained to the contrary thereof IN any 80
Notwithstanding, and the grah'I"s. = -,
o. waving Of any one or more 0L AM, sub
sents shall not render nnIleces'"-'
sequent consent or consents .-,. shall
Seventr-Nothing in this contract itt snS4
be deemed to affect IN any Wa ",a.yy,,,-iduei or
other corporation a similar r1eht y, ron
leze upon he same or ot4er terms an,,es -, nr
ditions. over the same streets; % tn sec
highways, hereinabove descrioeo /"
tion J. A.L sbafl be
,orstr,,rte5 b., the Company under ttls - ~
trsct incI1dinR the tracks, wires and otneL
eduipment or any structure IN pupIlC .,7d
and avenues owned By the C3l..ttihes Cttf - ner
used IN connection herewith, snait % Us geI
-oi+te5 - nv the Company to any individual
or corporation TO which the Cll! itas 10 s1bf
granted. or may hereafter grant, -,a. tI,s or
or privilege TO use such streelS, d ee-,,,-
hirbwsvs hereiuabove described IN sec.
/ FOR street railway purposes uIrIit -,
rlent Of annual sum py SUN - - .bsII
or CORPORATION to the Company. Whlcn Sc a
not exceed the legal Interest on So. -, -,
norton OF the whole cost or tne Cl. =.
ton of such railway and struJI. .ni,s ana traCk
the cost of keeping the tracks aIlu -
eo1Iipruent in repair. az the nuthOeI -, ~ st,J
o1Jersted BY such company or liieII .tad -,,1a
sfsI hear 10 the number Of cars oper -.
= MI then using the sd4iCs ~
0etber with the actual cost OF Ihe Po
necessary FOR the operation OF lIs,.1o1, lIs
,rareor, Of such individual or coIpOI 49,
and the cost OF laying and repairing %
na vernent and removal or sno" anu ~,
an the other duties imposed upon t'e - ~
uanv by the terms of this Contlact, III . -
pe~fior with the maintenance or the oL5i
zion Of the said railway 80 used troI.-s-' .
however. that II in the 9P.nlon Vi M ~. st
of such railway shall b. An insuff1clent SUI SUI
10 nav for the OF such TRACKS, u & LIi-s
appeal 20 the Board. and the EosI1 "a a. -
FIX a percentage Of the cost TO oe Pa.u
the Company at a sum In excess OF tno
legal rate Of interest, IL in its opinion such
-Tpn Tonnany shall not al any time op-
pose but shall. upon the request of tn-
Board consent TO the construcIon VI
which NAV necessitzte the use Of any por-
tion Of the railway which shall be con
str1lcted by the Company pursuant 70 'nls
contract.
overhead electric power substantially slni-
lar to the overhead electric system nov II
use BY street surface railways IN the BOT
ough Of The Bronx, OF by any otheT InOuge
power except locomotive steam power or
horse power, which may be approved py
the Board, and consented TO Dy the aOuItiHE
r,ropertv owners in accordance with the pro-
visions of law and by the Public Service
Commission OF the First District of the
Ninth-The Company shall commence con
struction OF t1e railway herein authorized,
within six months from the date upon
which the consents OF the property o"HeIs
are obtained, or from the date upon whicn
the Decision OF the Appellate Division o.
the Supreme Court that such railway ought
20 be constructed r. rendered IN lieu Of such
consents and shall complete the construc-
ton and place the same in fuu op4Tation
within SIX months from the date OF OBTAIN
ing such consents or such decision, otnSI-
wise this grant shall cease and determine
and all sums paid. or which may De de-
posted with the Comptroller OF the tlty sS
Hereinafter provided. shall thereupon be for-
feited 20 the City: provided. that such
periods may be extended by the Board ror
period or periods not exceeding IN
the aggregate six months each; and
provided, further, that when the CON-
Tnencement or completion of said con-
struction shall be prevented oy legal pro
,eedings in any court or by works or punlic
Improvement or from other causes not
within the control Of the Company, the time
such construction may be extended for the
period Of such prevention. out no oeiaJ
shall be allowed for unless the court pro
Ceedings shall be diligently prosecuted by
N. J-6-,rsnvt and provided. further, that
in no case shall such delay be deemed 20
begin until the Company shall have given
written notice to the Board OF any such
court proceedings or other occasion OF de-
lay and deliver TO the Board copies OF any
Injunction or other orders, and the papers
Jl1on which the same shall have been
granted and unless upon the request Of
the Board the Company shall in writing
consent that the Board either in it's own
II #
City as party. may intervene In any
such proceedings
Tenth-Such railway shall be constructed
maintained and operated subject TO the su
pervisien and control Of all the authorities
of the city who have Jurisdiction IN such
matters as provided by the Charter OF the
commenced upon any portion OF the route,
written permits shall be obtained from the
the Commissioner of Water Supply, Gas and
Electricity, and the Company shall comply
with any. conditions which those oh1cials
NAV impose as a condition upon which such
hermit is granted provided such conditions
are imposed for the purpose OF protecting
the structures over which those officials
have Jurisdiction.
FTeventh-Said railway shall bo cor
structed and operated IN the latest sp-
proved manner Of street railway construc-
ttOn and operation and II IS hereby agreed
|, that the Board may require the Company TO
improve or add to the railway equipment.
including rolling stock and railway appur-
IeIlSiCeS. LIAtIll tlllle w tl4AAts 60 SUN aON
tons and Improvements are necessary, in
the opinion OF the Board Upon failure on
the part OF the Company TO comply with
the direction Of the Board within reason
able time. the rights hereby granted shall
cease and determine
TweIfth-The rate OF faro for any pas
sengsr upon sGcu railway shall not exceed
Eve (5) cents, and the Company shall not
charge any passenger more than dve 90
point on said railway, or a line or branch
operated IN connection Herewith, to any
point thereof. or any connecting line or
branch thereof. within the limits OF the
The Company shall carry free upon the
railway hereby authorized, during the term
OF Lnls contract All IIlenIosrS OF thS FpiiC@
and Fire Department OF the CRY when
such employees are in full uniform
The rate for the carrying OF property over
the railway hereby authorized shall in all
| cases be reasonable in amount. subject to
the control OF the Board. OF its successor in
authority. and may be hxed by such
hearing had thereon. and when so fixed
such rates shall be binding upon the Com
pany. its successors OF assigns. and no
greater Gums shall be charged for such ser
vice than provided for by il.
Thirteenth-No car shal! be operated upon
the railway hereby authorized. other than
| OF express matter and cars necessary for
the repair or maintenance Of the railway,
and no freight cars shall be operated upon
! the tracks OF said railway, and ths tracks
hereby authorized shall not be used for the
storage Of CaTs-
Fourteenth-Cars on the said railway
shall run at intervals Of not more than
thirty minutes both day and night and as
much oftener as reasonable convenience Of
the public may require may be df-
reCted by the Boa I'd
Provided however that the Company
| during the first FIVE years Of this contract
/ shall not be required TO operate its cars
between the hours OF I O'Clock a IL. and
| hye o clock a RI each day, unless the
! Board shall determine after a hearing had
| thereon that public convenience requires the
operation Of cars during said hours
Eiftee1th--The Company shall attach -
each car run over the said railway hereby
/ authorized proper tenders and wheel guards
/ IN conformity with such Jaws AID ordi-
nances IS are now in force or may here
| after. during the term of this contract he
| enacted or adopted by the state OF City
authorities
| Sixteenth-An cars which are operated
on said railway shall be heated during the
rnId heather In com Sc.rrlffr With such LAYS