of respecting the compensation or payment to be made therefor, then the amount of such compensation or payment shall be ascertained and determined in the manner provided by subdivision six of the twenty-eighth section of the act entitled "An act to authorize the formation of rail road corporations and to regulate the same," passed April second, eighteen hundred and fifty; and should any real estate or interest therein be required for the purpose of constructing said railroad on said route or routes, as above specified and authorized, for which the said persons above named, or their assigns, shall be unable to agree with the owner or owners for the use or purchase thereof, they may acquire the right to use, or title to the same, in the manner specified in the fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth, and twenty-first sections of the said act of April second, eighteen hundred and fifty, except that, in any of the proceedings for any of the purposes authorized by this section, it shall not be necessary that the petition to the supreme court shall make any allegations of, or reference to any incorporation, capital, stock, surveys, or maps, or of the filing of any certificate of locations. But, in all cases, the use of said streets and avenues for the purposes of said railroad, as herein authorized, shall be considered one of the uses for which the mayor, aldermen, and commonalty of said city hold said streets and avenues.

§ 4. The mayor, common council, and the several officers of the corporation of the said city of New York, and the said corporation, are hereby prohibited from giving any assent to, or allowing any company claiming to derive authority, under the act entitled "An act to authorize the

formation of railroad corporations and to regulate the same," passed April second, eighteen hundred and fifty, or act amendatory thereof, or in addition thereto, to construct any railroad in, or upon any or either of the said streets or avenues, and from doing any other act to hinder, delay, or obstruct the construction or operation of said rail road as herein authorized. And it is hereby made the duty of the said mayor, common council, and other officers, to do such acts, within their respective departments, as may be needful to promote the construction and protect the operation of the said railroad as provided in this law; any act or thing done in violation hereof shall be inoperative and void. All actions relating to, affecting, or arising under this act, or the authority herein given, shall be commenced in the supreme court of the first judicial district.

§ 5. All acts or parts of acts, inconsistent with the provision of this act, are hereby repealed, and declared to be inoperative so far as the same are applicable to this act.

6. This act shall take effect immediately.

§ 7. The legislature may at any time modify, amend, or repeal this act.

CHAPTER 512.

AN ACT to authorize the construction of a railroad in avenue D, East Broadway, and other streets and avenues of the City of New York.

Passed April 17, 1860; notwithstanding the objections of the Governor.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. John E. Devlin, William A. Hall, Cornelius Runkel, Bernard Smyth, Harry Clark, William A. Herring, William D. Marvin, John V. Coon, William P. Buckmaster, George L. Thomas, William N. Hays, James Murphy and their assigns, are hereby authorized to lay, construct, operate, and use a railroad with a double or single track, as hereinafter provided, and to convey passengers thereon for compensation, through, upon, and along the following streets and avenues, route or routes, in the city of New York, viz: Commencing on avenue D, at the northern extremity of the same; thence through and along avenue D with a double track to Eighth street; thence through and along Eighth street with a single track to Lewis street; thence through and along Lewis street with a single track to Grand street; thence through and along Grand street with a double track to East Broadway; thence through and along East Broadway, Chatham square, Chatham street, and Park row, with a double track to Broadway; also, from the corner of avenue D and Eighth street, through and along avenue D with a single track to Houston street; thence through and along Houston street with a single track to Goerck street; thence through and along Goerck street with a single track to connect with a double track in Grand street, hereinafter provided for; also connecting with the double track in East Broadway, through and along Canal street with a double track to the westerly side of Broadway; also connecting with the double track in Grand street at Lewis street, through and along Grand street with a double track to the Grand street ferry; also,

commencing at the northern extremity of avenue B, through and along avenue B, with a double track, to Clinton street; thence through and along Clinton street, with a double track, to connect with the track in East Broadway; also connecting with the track in avenue B, through and along Tenth street and Eleventh street with single tracks to avenue D; also, connecting with the double track in Canal street at Broadway, with a single track across Broadway to Lispenard street; thence, with a single track, through and along Lispenard street, to and across West Broadway to Beach street; thence through and along Beach street, with a single track, to Washington street; thence through and along Washington street, with a single track, to Battery place; thence through and along Battery place, with a double track, to the Bowling Green at State street, also, connecting with the track in Battery place, through and along Greenwich street, with a double track, to the centre of Canal street; also, connecting with the track in Washington street at North Moore street, with a single track, through and along North Moore street and across West Broadway to Walker street, and thence through and along Walker street to, and to connect with, the double track in Canal street; also, connecting with the track in Washington street, through and along Washington street, with a single track, to the centre of Canal street; also, connecting with the double track in avenue D, through and along Fourteenth street, with a double track, to First avenue; thence through and along First avenue, with a double track, to Thirty-fourth street, thence through and along Thirty-fourth street, with a double track, to avenue A, and thence through and along avenue A, with a double track to, and to connect with, the double track in Fourteenth street, together with the neces

sary connections, turnouts, and switches for the proper working and accommodation of the road on the said route or routes.

2. Said railroad shall be constructed on the most approved plan for the construction of city railroads, and shall be run as often as the convenience of passengers may require, and shall be subject to such reasonable rules and regulations in respect thereto as the common council of the city of New York may, from time to time, by ordinance prescribe; and to the payment to the city of the same license fee annually for each car run thereon, as is now paid by other city railroads in said city, and the said persons and their assigns are hereby authorized to charge the same rate of fare, for the conveyance of passengers on said railroad, as is now charged by other city railroads in said city.

§3. In the construction, operation, or use of such railroad, upon the route or routes above designated, should such persons above named, or their assigns, deem it necessary or proper to run upon, intersect, or use any portion of other railroad tracks now laid upon any of the streets or avenues above named, they are hereby authorized to run upon, intersect, and use the same, and in case they cannot agree with the owner or owners thereof respecting the compensation or payment to be made therefor, then the amount of such compensation or payment shall be ascertained and determined in the manner provided by ubdivision six of the twenty-eighth section of the act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April second, eighteen hundred and fifty. And should any real estate