the Mayor and Common Council of the city of Brooklyn, in the penalty of fifty thousand dollars, in such form as shall be approved by the said Common Council, and with such additional security as they shall prescribe; and until such bond and security shall be given, the said company shall do no act towards the construction of the said tunnel. II. And be it further ordained, that whenever the said company shall have constructed a tunnel in accordance with the foregoing sections, they shall remove all the iron rails, machinery and fixtures of the Brooklyn and Jamaica Railroad Company between the points on said street described in the first subdivision of the first section of this ordinance. III. And be it further ordained, that the said Long Island Railroad Company shall, on completion of said tunnel, remove all their trains of passenger or burden cars, locomotive engines and other machinery and fixtures now used or permanently fixed on Atlantic street, between Court and Hicks streets, to a wharf or wharves adjoining or in the neighborhood of said street, by means of a single or double track, and all the operations of said company in the lading or unlading of freight shall be conducted beyond the limi's of said street. IV. And be it further ordained, that on the approach from the west of every train or locomotive engine to the easterly end of the tunnel on said street, due notice shall be given by the ringing of a bell permanently and suitably placed for that purpose; and on the approach of each and every train or locomotive engine to the said street from the depot or wharf, or from the said street to the said depot or wharf, the same notice shall be also given of such approach, under the penalty of five dollars for every omission. V. And be it further ordained, that the trains of cars and locomotive engines, in their passage from the mouth of the tunnel at the western end to the wharf, or from the said wharf to the tunnel, shall not exceed a speed of four miles per hour, under the penalty of five dollars for each offense. VI. And be it further ordained, that on the compliance on the part of the Long Island Railroad Company with the provisions of the foregoing sections, and with the provisions of so much of the law of this corporation passed November 2, 1839, as is not repealed, they, the said Long Island Railroad Company, shall be allowed and authorized to use steam-power upon the said road within the city of Brooklyn and through the said tunnel to their depot beyond the limits of said street. VII. This ordinance may be at any time altered or amended. TRANSFER OF RAILROAD BED AND WIDENING OF ATLANTIC AVENUE. The growth of the city and the increase of business demanded certain changes and improvements along Atlantic avenue, which are described in full in the subjoined acts and agreements: CHAPTER 220. AN ACT relative to railroads on Long Island, in this State. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Every railroad corporation on Long Island, formed pursuant to the provisions of the general railroad act, or under under any act of the Legislature of this State heretofore passed, whose railroad has been constructed and is now in use, shall have the right to use their said road in the same manner, and to propel their cars over the same, throughout its entire length, with the like motive power as that used by them thereon at the time of the passing of this act, and also to regulate the time and manner in which passengers and property shall be transported over the same; provided, however, that the Supreme Court of this State, upon the application of any person or persons, or bodies corporate, conceiving themselves aggrieved by the manner in which any such corporation use their road, and upon notice of such application served upon such corporation, together with copies of all papers upon which the same is founded, not less than thirty days previously thereto. may, at a general term thereof, held in the district where such road or some part thereof is located, for good cause shown, make an order regulating and directing the manner in which the motive power of such road shall be used. § 2. This act shall take effect upon condition that the strip of land owned by the Brooklyn and Jamaica Railroad Company, on the south side of Atlantic avenue, between the Gowanus lane and Classon avenue, shall be ceded to the city of Brooklyn as and for a public street, on such terms and conditions as shall be agreed on by and between the said company and the city of Brooklyn, and said company are hereby authorized to cede the same; and said city to agree as aforesaid, and such agreement shall be in writing and be recorded in the office of the register of the county of Kings. Under the authority of the foregoing act, a tripartite agreement was made between the Brooklyn and Jamaica Railroad Company, the Long Island Railroad Company and the City of Brooklyn, in terms as follows: THIS AGREEMENT, tripartite, made the 10th day of April, in the year one thousand eight hundred and fifty-five, between the Brooklyn and Jamaica Railroad Company, party of the first part, The Long Island Railroad Company, party of the second part, and the City of Brooklyn, party of the third part, witnesseth: That in pursuance of the authority conferred upon the party of the first part, by virtue of a certain act of the Legislature of the State of New York, entitled "An Act relative to Railroads on Long Island," passed April the thirteenth, eighteen hundred and fifty-three, and by virtue of other existing rights and powers, independent of said act, the party of the first part, in consideration of the covenants, grants and agreements of the party of the third part, hereby agrees to cede and convey by proper deed of conveyance, free of all incumbrance, except the pending assessment for grading Atlantic avenue, to the party of the third part, the strip of land particularly described in said act owned by the Brooklyn and Jamaica Railroad Company, on the south side of Atlantic avenue, between Gowanus lane and Classon avenue, for the purpose of a public street forever, and for no other use or purpose whatsoever. Provided, however, and upon this express condition, that the party of the third part shall cause to be graded and paved the said strip of land in such manner as is or shall be provided by law under the charter of said city, and shall forever maintain the same as a public street in addition to the present width of Atlantic avenue, and upon this further condition that the party of the first part, and its lessees, successors and assigns, shall have, from and after this date, the right to use and occupy a space of thirty feet in width in the center of said Atlantic avenue after it shall have been so widened, for the purpose of railroad tracks, to be used by the parties of the first and second parts and their respective successors and assigns so long as said street shall be maintained as a public street, in the same manner and for the like purpose that they or either of them now use and occupy the said strip of land so to be ceded. The party of the second part hereby agrees, at its own proper costs and expense (the party of the first part assenting thereto), to remove the railroad tracks now on said strip of land so to be ceded, and to relay the same in the center of said Atlantic avenue as so widened, so as to conform to the grades thereof as now established, after the same shall have been graveled and become well and compactly settled; the northerly track to be graveled first, so that the rails may be laid thereon before the present tracks shall be removed; the graveling of said strip so to be ceded to be done in such manner as best to facilitate the moving of the said track without interrupting the business of the railroad. The party of the third part, for itself and its successors, hereby agrees to accept the cession of said strip of land pursuant to said act, and in the exercise of its other corporate powers, and to grant to the party of the first part and its lessees, successors and assigns, the right to occupy and use a strip of land thirty feet wide, in the middle of Atlantic avenue (as the same shall be widened by the addition of the said strip of land so ceded), for the purpose of railroad tracks and turnouts, to be used, traveled over, and employed by cars, carriages and locomotives, and otherwise, in the same manner as the railroad tracks on the said ceded strip of land is now in use by the party of the second part, and also with like rights and powers as if the said railroad track had been originally constructed and in use upon said strip of land, thirty feet in width, on said avenue, at the time of passing said act. The parties of the first part and second part, in consideration of the covenants and agreements herein, hereby, for themselves severally, expressly waive all right to require an application to the Supreme Court, for the purpose mentioned in said act, and they severally agree that the common council of said city may, by ordinance, make all prudential and reasonable orders, regulating the rate of speed of trains over said Atlantic avenue and Atlantic street; and also over said avenue when extended, and over Schuyler street, when widened as hereinafter mentioned, east of Classon avenue and within the city limits, as soon as the said avenue and street shall have been actually extended and widened, and the railroad tracks and rails removed to the center thereof, as hereinafter mentioned. And in consideration of the foregoing agreements of the parties of the first and second parts, the party of the third part, for itself and its successors, hereby covenants and agrees with the parties of the first and second parts, and each of them, that the party of the first part and its lessees, successors and assigns, shall have the right to use locomotives and steam power within the limits of said city, during the continuation of their respective charters and the renewals thereof under general acts or otherwise, without interruption or molestation by the party of the third part or their successors, and subject only to the right of the party of the third part, its successors, to regulate the rate of speed as before mentioned. And it is further agreed by and between these parties respectively, that they will mutually assist each other in procuring to be passed by the Legislature of this State such an act or acts, as may serve to ratify and confirm the foregoing acts and covenants, and such acts and deeds as shall be done and executed pursuant thereto, or to these presents. And inasmuch as the party of the third part proposes to obtain from the Legislature the requisite power and authority to enable it to alter the commissioner's map of said city by extending Atlantic avenue of the width of one hundred and twenty feet from Classon avenue to Schuyler street, and also by widening Schuyler street as now laid down on said map, by adding thereto a strip of land fifty feet in width on the northerly side of said Schuyler street, so as to make the same of the width of one hundred and twenty feet from its intersection with Atlantic avenue, as extending to the easterly line of the city limits, and assess and apportion the expenses of the purchase hereinafter mentioned, and the cost and expense of grading Atlantic avenue between Gowanus lane and Classon avenue, heretofore assessed, upon the strip herein before agreed to be ceded, together with any interest or default that may be due thereon, and all other costs and expenses incurred in pursuance of this agreement, as a local assessment upon the property to be benefited thereby. Now, therefore, in case such power and authority shall be obtained, and in case the said party of the third part shall, by ordinance or resolution, passed within one year from the |