In the month of April, 1876, an act having been introduced in the Legislature to authorize the use of steam power upon Atlantic avenue, the common council of the city of Brooklyn, on the 10th day of April, 1876, adopted the following ordinance :

WHEREAS, This Common Council did, on the 28th day of February last, adopt the following preamble and resolutions:

66

'WHEREAS, It is understood that the various steam railroads of Long Island are controlled in one interest, and that the opportunity is offered to the city of Brooklyn for direct steam railroad connection with all parts of Long Island;

"Resolved, That the Railroad and Law Committees be and they are hereby instructed to confer on the subject with the persons controlling said railroads, and if such connection can be secured, to report thereon for the action of the common council at its next meeting," and

WHEREAS, On the 6th of March, the said committees reported the following resolution, which was adopted at the regular meeting of the common council, held March 13th, by a vote of 23 ayes to 2 noes, and was approved by his Honor, the Mayor;

66

Resolved, That the permission and authority of the common council be and the same is hereby given, to the use and operation of steam and steam locomotives and cars on Atlantic avenue, between Flatbush avenue and the city line, by the Atlantic Avenue Railroad Company of Brooklyn, or any railroad company acquiring by lease or otherwise the right so to use and operate the railroad now on said avenue, and complying with any requirements of law arising in the premises, subject to such rules and regulations as to rate of speed and public safety, as from time to time the common council may prescribe," and

WHEREAS, A bill has been introduced in both the Senate and Assembly of this State, designed to promote and effectually carry out the object of the foregoing resolutions. entitled "An Act to authorize the use of steam power upon Atlantic avenue, east of Flatbush avenue, in the city of Brooklyn ;"

Resolved, That this common council does respectfully and earnestly urge the Senators and Members of Assembly from this county to use every honorable effort to secure the prompt and favorable action of the Legislature on said

bill,

Resolved, That a committee of five, of which the President of this Board shall be chairman, be appointed to appear before the Senate Committee at Albany, on Tuesday, 11th inst., and advocate the aforesaid bill, and also to request of the Senators and Members of Assembly from this county therefor, said committee to report on the subject in full hereafter, at an expense not to exceed $100, which sum is hereby appropriated from the contingent fund,

Resolved, That the clerk be directed to forward, forthwith, a written copy of the foregoing preamble and resolution to Hon. John R. Kennedy, of the Senate, and Hon. Jonathan Ogden, of the Assembly, with a request to have the same

read to their respective houses, and that a printed copy thereof, properly attested, be forwarded to His Excellency, the Governor, and to each of the Senators and members of Assembly of this State.

Alderman Shepard moved to strike out from the second resolution so much as related to an appropriation of $100 for expenses of the committee, which motion was agreed to by a vote of 17 to 5.

The resolutions, as amended, were then adopted.

Subsequently to the passage of the foregoing ordinance, on the 28th day of April, 1876, the Legislature passed the act therein named, to authorize the use of steam power upon Atlantic avenue, east of Flatbush avenue, as follows:

CHAPTER 187.

AN ACT to authorize the use of steam power upon Atlantic avenue, east of Flatbush avenue, in the city of Brooklyn.

Passed April 28, 1876.

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

SECTION 1. It shall be lawful for the Atlantic Avenue Railroad Company of Brooklyn and for the Long Island Railroad Company as lessee from the Atlantic Avenue Railroad Company of Brooklyn of that part of the railroad of said Atlantic Avenue Railroad Company which extends from the junction of Atlantic and Flatbush avenues in the city of Brooklyn eastwardly along said Atlantic avenue to the city line, to run cars over said railroad, upon Atlantic avenue, from the city line of Brooklyn to Flatbush avenue, by steam power, subject to such rules and regulations as to rate of speed and public safety, as, from time to time, the common council of the city of Brooklyn may prescribe. § 2. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

§ 3. The Legislature may, at any time, alter, modify or repeal this act; and all leases and contracts for the use of said avenue shall be subject to such modifications or alterations in said avenue and the improvement thereof as the Legislature may prescribe.

§ 4. This act shall take effect immediately.

Following this statute, on the 26th day of March, 1877, the Atlantic Avenue Railroad Company of Brooklyn entered into an indenture of lease with the Long Island Railroad Company, wherein the Atlantic Avenue Company demised and leased to the Long Island Company, its successors and assigns, all the rail

road which it held, extending from the eastern terminus in the village of Jamaica, westward to the city line of the city of Brooklyn, in Atlantic avenue, and thence along Atlantic avenue to Flatbush avenue, together with all the right of way, depot grounds, freight yards, gravel banks, and all lands owned by the Atlantic Avenue Company for the term of ninety-nine years, from the 1st day of June, 1877, which lease is appended:

This indenture, made the twenty-sixth day of March, one thousand eight hundred and seventy-seven, by and between the Atlantic Avenue Railroad Company, of Brooklyn, of the first part, and the Long Island Railroad Company, of the second part, witnesseth, that the said parties hereto, for and in consideration of the sum of one dollar, paid by each of said parties to the other, and for and in consideration of the mutual covenants and conditions and agreements herein contained, and by each of said parties to be observed and performed, have agreed and by these presents do mutually agree as follows:

First-The said party of the first part does hereby grant, demise and to farm-let unto the party of the second part, its successors and assigns, all the railroad of the party of the first part, extending from its eastern terminus in the village of Jamaica, westward to the city line of the city of Brooklyn, in Atlantic Avenue, and thence along said avenue to a point in Atlantic Avenue, in the city of Brooklyn, two hundred and fifty feet east of the easterly line of Flatbush Avenue, said two hundred and fifty feet to be measured along a line in the center of Atlantic Avenue; together with all right-of-way, depot grounds, freight yards, gravel banks, and all lands owned by the said party of the first part, and all the right, title and interest of the party of the first part, in any land used by it for railroad purposes, except as hereinafter provided; together with all its tracks, side-tracks, depots, car houses, water tanks, buildings and superstructure, owned by the party of the first part, easterly from the above named point, two hundred and fifty feet easterly from Flatbush Avenue, to the eastern terminus of its road in Jamaica, except the lands and right-of-way, not within the limits of Atlantic Avenue, in the city of Brooklyn, and also a plot of land in East New York, bounded on the south by Atlantic Avenue, and situated between Schenck Avenue and Barbey Street, are not included in this grant or lease. It is also understood and agreed between the parties hereto, that only a strip of land twenty-six feet in width along the northerly side of the right-ofway of the party of the first part in Atlantic Avenue, from the western terminus of the lands hereby demised, easterly to the easterly side of Washington Avenue is included and intended to be herein granted. To have and to hold the above granted premises and property, together with its corporate rights and franchises therein, as lessee thereof, to be used and enjoyed for railroad purposes, as fully as the party of the first part might use and enjoy the same, for the full term of ninety-nine years, from the first day of June, one thousand eight hundred and seventy-seven.

Second-The party of the second part shall and will pay annually to the party of the first part, as and for the rental of the property and franchises above

granted, out of all the gross receipts of the party of the second part, for passengers, baggage, express and all other business done on passenger trains from any station upon the lines now or hereafter operated by the party of the second part, to any station west of the village of Jamaica, upon the line of railroad hereby demised, and also from any station west of the village of Jamaica upon said line hereby demised to any station upon the line now or hereafter operated by the party of the second part, at and after the following rates upon such annual gross receipts: On the first one hundred thousand dollars of such annual gross receipts, at the rate of ten per cent. thereof; upon the second one hundred thousand dollars, at the rate of seven per cent. thereof; upon the third one hundred thousand dollars, or any part thereof, at the rate of six per cent. ; upon the next two hundred thousand dollars, or any part thereof, at the rate of five per cent.; and at the rate of four per cent. upon all such annual gross receipts in excess of five hundred thousand dollars; and upon all freight receipts, to or from the same stations on the line of road hereby demised, to or from any station on the Long Island Railroad or its leased lines, the further sum at the rate of five per cent. upon the gross amount of all such freight receipts, exclusive of express freight receipts on passenger trains; provided, however, that the party of the second part hereby guarantees that the rents so to be received by the party of the first part shall not in any one year fall below the sum of twenty thousand dollars.

It is further agreed that a statement shall be rendered to the party of the first part, within fifteen days after the last day of August, November, February and May, of each year, of the said gross receipts for each preceding three months, terminating on the said last day of August, November, February and May of each year, and, with such statement, the money due the party of the first part for each preceding three months shall then be paid to the party of the first part. If with such statement, rendered fifteen days after the last day of August in each year, it shall be found that the total payment to the party of the first part for the preceding year, including the payment then to be made, shall not be equal to twenty thousand dollars, the deficiency shall be paid with the payment then accrued. At each quarter yearly settlement for the quarters ending the last days of November, February and May, payments shall be made allowing the rate per cent. above provided, upon one quarter of the above several sums of one hundred thousand dollars, two hundred thousand dollars, three hundred thousand dollars, five hundred thousand dollars, and all receipts above five hundred thousand dollars; and at the settlement made for the quarter ending the last day of August in each year, such sums shall be paid as shall make the total annual payments for the preceding year only, equal to the annual rent first above provided.

Third-It is further agreed by and between the parties to these presents, that in the event of the party of the first part neglecting or failing to pay the interest or interest coupons that will, from time to time, accrue on any of its bonds issued or hereafter issued, secured by a mortgage or mortgages on the demised premises, that the party of the second part may pay such interest or interest coupons out of the rents reserved as above, and such payments shall be a full discharge and acquittance of so much of said rent as shall be equal in