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charter for the failure to construct its road within statutory period required. At the same time the Company tried to secure permits to open up streets and to begin the work. This they were unable to do, and the Company then sought unsuccessfully to obtain the permit by mandamus proceedings (126 N. Y. 656; also matter of New York (City) Underground Railway Company, 38 State Rep. 425).

Construction. No record of any construction. The Company has probably forfeited its corporate existence.

511 The New Underground Railway Extension Company

(The Bronx) Incorporation. December 29, 1873; General Railroad Law; corporate life, 99 years; capital stock, $10,000,000; route (about five miles) as follows:

From the southern boundary line of Westchester County at Harlem river to the Hudson river in the town of Yonkers.

Stock. In 1878, the Company reported to the state engineer that $5,000 of stock had been subscribed and $500 paid in.

Construction. No record of any construction. The report of the State Engineer, 1879, stated that this Company was extinct.

512 New York, West Chester & Boston Railway Company

(The Bronx) Incorporation. March 20, 1872; General Railroad Law; for purpose of constructin and operating a railroad for the conveyance

of

passengers and property, with two or more tracks, to bo propelled by steam or any other motive power; corporate life, 29 years; capital stock, $1,000,000; route (about 32 miles) as fullows:

Commencing at a point most practicable, at or near Port Morris, on the Westchester side of Long Island sound or Harlem river, via New Rochelle, to a point at or near Port Chester, as may be deemed most advantageous in forming a connection with the Ridgefield and New York Railroad Company or any other railroad line, with a branch road from Pelham, via White Plains to Halls Corners, connecting at or near that point with the New York and Boston road, and with a branch road from the main line to a point at or near Fort Schuyler, Long Island sound.

The Company failed to show the requisite affidavit accompanying the certificate of incorporation, that the proper amount of stock had been subscribed, and this defect was not cured until January 6, 1904, when such affidavit was filed in the office of the secretary of state. The legal existence of the Company had been held by the court of appeals, in the matter of the application of it, to acquire title to lands of Arabella D. Huntington and Henry Huntington, decided October 6, 1908 (193 N. Y. 72), to date from the day of the filing of that affidavit.

Certificate of convenience and necessity. In the proceeding to condemn the lands of Arabella and Henry Huntington, the court of appeals decided that the Company must obtain a certificate of convenience and necessity before it could commence the construction of its road. Such certificate, together with the consent to commence construction, was obtained from the Public Service Commissions of both the first and second districts on January 6, 1909. The certificate granted by the Commission of the First District required the Company to complete its main line from the Harlem river to the city line with four tracks, and to put it into full operation before the second day of August, 1913. This order was amended by order nunc pro tunc of January 15, 1909, so as to approve the changes provided for in the franchise agreemeut of the Board of Estimate and Apportionment, of November 20, 1908, described hereafter. It was further amended by order of July 11, 1911, so as to relieve the Company from constructing the portion of its main line from the Harlem river to 174th street with four tracks, and requiring it to construct the road between those two points with only two tracks.

Maps. The Company filed in the register's office of Westchester County maps, as follows:

April 5, 1872, a map of its route from Pelham to Hall's Corners, and also a map of its route from Harlem river to Port Chester. April 24, 1872, a map showing the change of terminus at Port Morris and branch to Throgg's Neck; May 23, 1872, a map of its route from East Morrisania to Harlem river; July 25, 1872, a map of its route from Harlem river to near Westchester avenue, town of Morrisania; also September 19, 1872, a map of its route from Port Morris terminus as located; March 12, 1873, a map of its amended route from Pelham junction to Mamaroneck and from Harlem river to Port Chester.

The Company filed in New York County maps as follows: June 15, 1905, a map in the county clerk's office showing an alteration of its route from the Harlem river to Bronx river, and on same day another map showing an alteration of its route from Bronx river to Throgg's Neck; January 22, 1907, a map in the office of the register to accompany deed from the City and County Contract Company between Ash street and Eastchester road. June 17, 1908, a map in the county clerk's office of its route as revised by its Board of Directors.

Special franchises. July 26, 1904, the Board of Aldermen passed an ordinance approved by the mayor August 2, 1904, giving the Company the right to cross certain streets and highways for the purpose of constructing a four-track railway by means of electricity, except overhead trolley, or by any other mechanical motive power, except steam, on the following route:

First — Main Line: Beginning at a point on the Harlem river, between Lincoln avenue and Third avenue, and then running northerly substantially parallel to Lincoln avenue and crossing the Southern boulevard, 134th street, 135th street, and 136th street, between Lincoln avenue and Third avenue; then crossing 137th street, at or near its intersection with Lincoln avenue; then crossing Lincoln avenue, between 137th street and 138th street; then, crossing 138th street and 139th street, between Alexander avenue and Third avenue; then crossing Alexander avenue, between 139th street and 140th street; then running substantially parallel to 139th street, and crossing Willis. avenue, Brook avenue, and St. Ann's avenue, between 139th and 140th streets; then crossing 140th street, between St. Ann's avenue and Cypress avenue; then crossing Cypress avenue and 141st street at or near their intersection; then crossing Powers avenue between 141st and 142d streets; then crossing Robbins avenue and 142d street, at or near their intersection; then crossing St. Mary's street, between Robbins and Concord avenues; then crossing Concord avenue between St. Mary's and St. Joseph's streets, crossing St. Joseph's. street, between Concord and Wales avenues; then crossing Wales avenue and Crane street at or near their intersection, and crossing Beach avenue and Dater street at. or near their intersection; then crossing Union avenue, between 149th street and the Southern boulevard; then crossing 149th street, between Union avenue and the Southern boulevard; then crossing Prospect: avenue and St. John's avenue, between Fox street and Southern boulevard, then crossing Leggett avenue and Fox street at or near their intersection; then running substantially parallel with Fox street and crossing Craven. street, Longwood avenue, Intervale avenue, Tiffany street, and Baretto street, between Fox street and the Southern boulevard; then crossing Dongan street at or near the intersection of Fox street; then crossing Southern boulevard and Aldus street at or near their intersection; then crossing Hoe street and Guttenberg street at or near their intersection; then crossing Westchester avenue, between Faile street and Hoe street; then crossing 167th street, between Bryant street and West Farms road; then crossing Bryant street, between 167th street and West Farms road; then crossing West Farms roads at or near its intersection with Longfellow street, Home street and Freeman street; then crossing Jennings street, between Longfellow street and Boone street; then running substantially parallel with Longfellow street, and crossing 172d street, 173d street, 174th street and 176th street, between Longfellow street and Boone street; then crossing Rodman place, between Longfellow street and West Farms road; then crossing West Farms road, between Rodman place and Boston road; then crossing the Bronx river southerly from Tremont avenue or West Farms road, and running substantially parallel with West Farms road or Tremont avenue to or near the point of crossing the West Farms road, and crossing that road and Bronx Park avenue at or near their intersection; then crossing Lebanon street and 180th street, between Bronx Park avenue and Morris Park avenue; then running between Bronx Park and Morris Park avenue and crossing old West Farms road and then crossing Unionport road, between Mianna street and Birchall · avenue; then crossing Oakley street, between Mianna and Sagamore streets; then crossing Brown avenue and Sagamore street at or near their intersection; then crossing Hunt avenue, between Mianna street and Bear Swamp road; then running substantially parallel with Morris Park avenue and crossing Lincoln street, Jefferson street, Madison street and Bear Swamp road (Bronxdale avenue); then crossing Bronx and Pelham Parkway and Williamsbridge road at or near their intersection; then crossing Saw Mill lane, between Williamsbridge road and Eastchester road; then crossing Eastchester road, between Kingston avenue and Syracuse avenue; then crossing Kingston avenue and Birch street at or near their intersection; then crossing Cedar street and Oak street, between Kingston avenue and Cornell avenue; then crossing Cornell avenue and Walnut street at or near their intersection; then crossing Chestnut street, between Cornell avenue and Boston road; then crossing Boston road and running approximately parallel with Boston road and crossing Schiefflin's lane, Fifth avenue, road to White Plains and Fisher's Landing road, and continuing approximately parallel with Boston road to the northerly line of the city of New York, all as shown on maps entitled

Map and Profile of the Amended Route of the New York, Westchester and Boston Railway Company, Section 1,” adopted by the board of directors of said Company on the 20th day of May, 1904, and signed by William L. Bull, president; John Bogart, engineer, and H. C. Winchester, secretary, under seal, and “Map and Profile of the Amended Route of the New York, Westchester and Boston Railway Company, Section 2," adopted by the board of directors of said Company on the seventh day of April, 1904, and signed by William L. Bull, president; John Bogart, engineer, and Thomas W. Baker, secretary, under seal and which maps and profiles were filed in the office of the county clerk of the city and county of New York on the 230 day of June, 1904, or any lawful amendment thereof consented to by the Board of Estimate and Apportionment.

Second - Branch Line: Beginning at a point on the main line of the New York, Westchester and Boston Railway at or near 180th street, and running southerly, crossing 180th street, Lebanon street, West Farms road, 178th street and 177th street, between Morris Park avenue and Bronx Park avenue (with a curved connection also joining the main line near 177th street, which crosses 177th street and Bronx Park avenue at or near their intersection); then crossing the New York, New Haven and Hartford Railroad and run

ning southerly crossing Westchester avenue; thence running southeasterly and crossing the Clason point road near Clason's point and running substantially parallel with the United States Bulkhead lines, in the vicinity of Clason's point; thence crossing Pugsley's creek and Westchester creek and Baxter creek and thence running easterly along Throgg's Neck and crossing Throgg's Neck road with a terminal near the lines of the United States Reservation property. All as shown on a map entitled Map and Profile of the Amended Route of the New York, Westchester and Boston Railway Company, Section 3," adopted by the board of directors of said Company on the fifth day of May, 1904, and signed by William L. Bull, president; John Bogart, engineer, and H. C. Winchester, secretary, under seal, and which maps and profiles were filed in the office of the county clerk of the city and county of New York on the 23d day of June, 1904, or any lawful amendment thereof consented to by the Board of Estimate and Apportionment.

Third — General: And such other streets, avenues, highways, public places, etc. (named and unnamed), as may be hereafter opened or encountered in such routes or amended routes; and also such other streets, avenues, highways, public places, etc. (named and unnamed), now open or in use, or as may be hereafter opened or put in use, which it may be necessary for said railway to cross in order to make connections with any other railway within one thousand (1,000) feet of said routes; provided that the Board of Estimate and Apportionment shall first have given permission for such connection or connections, and provided further that such connection shall be limited to two in number.

The grant is given for a term of 25 years, with the privilege of renewal for another term of 25 years, upon a revaluation of the property. The Company is required to pay to the city annually $8,000 during the first 10 years, and $16,000 during the remaining 15 years of the original term. The Company is also required to pay 40 cents per annum for every foot of track in use for the first 10 years, and 80 cents for the succeeding 15 years. The rate of fare is to be five cents within the city. Other conditions are embodied in the grant and set forth in full in the resolution. Before the grant went into effect the Company was required to file a written acceptance with the comptroller, and on August 11, 1904, the Company filed the required acceptance.

July 27, 1905, by contract entered into with the City of New York, pursuant to a resolution adopted by the Board of Estimate and Apportionment, July 14, 1905, approved by the mayor July 25, 1905, the Company was required to change its route north of 180th street, as follows:

Main Line: Beginning at a point on the Harlem river, between Lincoln avenue and Third avenue, and then running northerly substantially parallel to Lincoln avenue and crossing the Southern boulevard, 134th street, 135th street and 136th street, between Lincoln avenue and Third avenue;

First

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