owners of the said respective parcels will sustain by reason of the appropriation of the same for the purposes aforesaid; and in case either of the parties are dissatisfied with the assessment, the said vice-chancellor may, on the hearing of the parties in interest, modify the assessment as shall appear to be just.

§ 22. On payment of the damages thus assessed, together with the expenses of assessment, as the same shall be settled by the said vice-chancellor, or on depositing the amount thereof for the use of such owners in either of the banks of the village of Brooklyn, as the said vice-chancellor shall direct, the said corporation shall immediately become entitled to the use of the said lands, for the purpose aforesaid; and the report of the said appraisers, with the order of the said vice-chancellor modifying the same, in case the same shall have been modified, may be recorded in the proper office, in the same manner and with the like effect as deeds are recorded, without any other proof than the certificate of the said vice-chancellor, that the report is genuine.

§ 23. The corporation shall be bound to repair all public highways, bridges and water courses, which may be injured in constructing the said railroad or its appendages, and shall restore them, as far as practicable, to as good a condition as they were in before they became injured.

§ 24. The said corporation may establish such by-laws, not inconsistent with the laws of the state, respecting the calling in of the capitalstock, and prescribing the duties of its officers and servants, and for the regulation of its affairs, as may be deemed expedient.

§ 25. The said corporation shall be allowed three years from the passage of this act for the commencement of the construction of the said railroad; and in case the same shall not be completed within five years thereafter, the privileges herein granted shall be forfeited.

§ 26. Every person who shall wilfully injure the said railroad, or any of its appendages, shall forfeit to the use of the said corporation a sum equal to three times the amount of damages occasioned by such injury, to be recovered with costs of suit, in the name of such corporation, in an action of debt, before any court having cognizance thereof.

§ 27. The railroad company hereby created shall, on the fifteenth day of May next, or as soon thereafter as the necessary arrangements for that purpose can be made, purchase the stock of the Brooklyn, Jamaica and Flatbush Turnpike Company at the rate of twenty-six dollars per share in cash, or shall pay them for said stock at the rate of twenty-three dollars a share in railroad stock of the said company at par, at the option of each stockholder; and the said turnpike company shall be at liberty to divide previous to such sale all the surplus money then on hand, and money due the said turnpike company, and shall transfer to the said railroad company all their lands and all other property, (except the said surplus money) now belonging to them, and money due the said turnpike company; and, also, from the said fifteenth day of May, or as soon thereafter as the necessary arrangements for that purpose can be made, the directors of the said railroad company shall be the directors of the said turnpike company, if the said railroad company shall go into operation.

§ 28. No street or lane in the village of Brooklyn shall be made use of by the said railroad company for the said railroad, nor shall steam power be used

on any part of the railroad within the said village without the permission of the corporation of Brooklyn first had and obtained.

§ 29. The directors of the said corporation for the time being, if required to do so by the Legislature, shall, at the end of every year after the construction of the said railroad shall have been commenced, and for the term of fifteen years after the same shall have been completed, cause to be filed in the office of the Secretary of State, a detailed account of all the moneys expended during the year in constructing the said railroad and its appendages, and in superintending and keeping the same in repair; and a similar account of the income derived by tolls or otherwise from the use of the said railroad; to the end that a just estimate may be made of the profits received by the said corporation therefrom; such accounts shall be verified by the oaths of at least two of the directors or other officers of the said corporation.

§ 30. If the Legislature of this State shall, at the expiration of ten, and within fifteen years, from the completion of said road, make provision by law for the repayment to the said corporation of the amount expended by them in the construction of said railroad, together with all moneys expended by them for permanent fixtures for the use of said railroad, with interest on said sums from the time of their expenditure, at the rate of fourteen per centum per annum, together with all moneys expended by said company for repairs or otherwise, for the purposes of said road, after deducting the amount of tolls received on said road, then the said railroad, with all its fixtures and appurtenances, shall vest in and become the property of the people of this State.

§ 31. The said corporation shall be subject to the restrictions and liabilities imposed by such parts of the eighteenth chapter of the first part of the Revised Statutes as are not repealed.

§ 32. The legislature may at any time alter, modify or repeal this act.

THE LONG ISLAND RAILROAD COMPANY.

The Long Island Railroad company was organized and incorporated in 1834, by the following act:

CHAPTER 178.

AN ACT to incorporate the Long Island Railroad company.
Passed April 24, 1834.

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

SECTION 1. Valentine Hicks, William Wicks, Edmund Frost, Timothy Clews, Selah B. Strong, John Lawrence, Joseph C. Albertson, Robert W.

Mott, Joshua Fanning, Alden Spooner, William F. Blydenburgh, Singleton Mitchell, Gabriel Furman, Daniel E. Smith, James Hallock, William Rockwell and Joshua B. Smith, and all such other persons as shall become stockholders agreeably to the provisions of this act in the corporation hereby created, shall be and continue for the term of fifty years from the passage of this act, a body corporate and politic, by the name of "The Long Island Railroad company."

§ 2. The said corporation shall have the right to construct, and during its existence to maintain and continue a railroad or railroads, with a single or double track, and with such appendages as may be deemed necessary for the convenient use of the same, commencing at any eligible point adjoining Southold bay, in or near the village of Greenport, in the county of Suffolk, and extending from thence on the most practicable route, through or near the middle of Long Island, to a point on the water's edge in the village of Brooklyn, in the county of Kings, to be designated by the trustees of that village, and to a point on the water's edge in the village of Williamsburgh, in the said county of Kings, to be designated by the trustees of that village, and in like manner to construct, maintain and continue a branch railroad from the said main road to Sag Harbor.

§ 3. The capital stock of the corporation hereby created shall be one million and five hundred thousand dollars; it shall be deemed personal property, and shall be divided into shares of fifty dollars.

§ 4. Samuel Hicks, Benjamin Strong, John L. Graham, Joseph Moser, Edwin Hicks, Edmund Frost, Valentine Hicks, Singleton Mitchell, Nicholas Wyckoff, William F. Blydenburgh, James H. Weeks and Joseph H. Goldsmith, shall be commissioners for receiving subscriptions to the capital stock of the said corporation, and for apportioning the same among the subscribers, agreeably to the provisions of this act.

§ 5. It shall be the duty of the commissioners within one year after the passage of this act, to give notice once a week for four successive weeks, in a newspaper published in the city of New York, and in each of the counties of Kings, Queens and Suffolk, of the time when the books will be opened at some convenient place in the said city, and in each of the said counties, for receiving subscriptions to the capital stock of the said corporation.

§ 6. One or more of the said commissioners shall attend at the time and places mentioned in the said notices, and for three days successively, and during at least six hours of each day, shall receive subscriptions to the capital stock of the said corporation, in conformity with the provisions of this act.

§ 7. The president and directors of the Brooklyn and Jamaica Railroad company may, at the time so appointed, subscribe for six thousand shares of the capital stock of the corporation created by this act; and the said commissioners shall thereupon allot the same to the stockholders of the said Brooklyn and Jamaica Railroad company, apportioning to each stockholder the same number of shares as were held by such stockholder in the said last-mentioned company.

§ 8. If the said president and directors of the Brooklyn and Jamaica railroad company shall subscribe to the stock of the corporation hereby created pursuant to the provisions of the last preceding section, and the residue of the stock of

CROSS SECTION, ATLANTIC AVENUE, SHOWING TUNNEL FROM FLATBUSH AVENUE TO TUNNEL ENTRANCE AT EAST RIVER; SAME CONSTRUCTION IN NEW YORK CITY.

the said last mentioned corporation shall be taken pursuant to the provisions of this act, within two years from the passage of the same, it shall be the duty of the said president and directors of the Brooklyn and Jamaica railroad company, within three months after being notified by the said commissioners that such stock has been taken, to assign, transfer and convey to the corporation hereby created, all the property, rights, privileges and immunities of the said Brooklyn and Jamaica railroad company, first deducting their surplus fund, if any there should be, and the same shall thereupon vest in the corporation hereby created, and the said Brooklyn and Jamaica railroad company shall thereupon cease to exist as a separate corporation.

§ 9. If the said Brooklyn and Jamaica railroad company shall be united with the corporation hereby created pursuant to the provisions of this act, the stockholders of the said Brooklyn and Jamaica railroad company shall be stockholders of the corporation hereby created The amount paid in by them respectively for their shares, with interest at seven per cent. from the date of such payments and the further sum of five dollars on each share, deducting any dividends which they may have respectively received, shall be deemed and taken as paid to the corporation hereby created, at the date of the conveyance mentioned in the last preceding section.

§ 10. If the amount allowed to the stockholders of the Brooklyn and Jamaica railroad company, as paid by them respectively on each share, pursuant to the provisions of the last preceding section, shall exceed the amount then paid by the stockholders of the corporation hereby created respectively on each share, the stockholders of the Brooklyn and Jamaica railroad company shall be allowed interest on the excess thus paid on their respective shares at the rate of seven per cent. per annum in any future payments.

§ II. If any stockholder or stockholders of the Brooklyn and Jamaica railroad company shall signify his or their determination not to become a stockholder of the corporation hereby created, to the commissioners, or either of them, at the time first appointed by them to receive subscriptions to the said capital stock, the share or shares of such stockholders shall be deducted from the number of shares allotted to the stockholders of the said Brooklyn and Jamaica railroad company; and when such company shall transfer their property and rights to the corporation hereby created pursuant to the provisions of the eighth section of this act, the stockholder or stockholders so signifying such determination, shall be entitled to demand and receive from the corporation hereby created, the sums of money previously paid by him or them on his or their shares, with interest thereon at the rate of seven per cent. per annum, and the further sum of five dollars on each share, deducting therefrom the amount of dividends thereon previously received by him or them.

§ 12. Each subscriber for stock, at the time he subscribes, shall pay to the commissioners five dollars on each share of the stock subscribed for by him.

$ 13. If at the expiration of the time mentioned in the sixth section of this act, it shall appear that more than the requisite number of shares has been subscribed, it shall be the duty of the commissioners forthwith to apportion the shares not taken by the Brooklyn and Jamaica railroad company, among the subscribers, in such manner as they shall deem most for the interest of said corporation.