Company incorporated in 1859, and of the 13 directors for the first year named in this Company's charter 10 had been directors of the other company.

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

77 The Brooklyn City and Newtown Rail Road Company (Brooklyn and Queens)

Incorporation. May 22, 1860; General Railroad Law of 1850; corporate life, 250 years; capital stock, $2,000,000; route (about 25 miles) as follows:

To commence in the city of Brooklyn at some convenient point, and to terminate at Newtown, Queens County. (Detailed description of route not given in Company's charter.)

Extension of route. By certificates filed in the secretary of state's office, the Company extended its route as follows:

December 6, 1895: Beginning at the intersection of the Queens County line at Newtown creek, at Manhattan avenue, running thence to Clay street; along Clay street to Franklin street; along Franklin street to Dupont street; along Dupont street to West street; along West street to Calyer street; along Calyer street to Leonard street; along Leonard street to Driggs avenue; along Driggs avenue to Ewen street; along Ewen street to Johnson avenue; along Johnson avenue to Morgan avenue; along Morgan avenue to Hamburg avenue; along Hamburg avenue to Woodbine street or Monroe street. Also, commencing at the intersection of North Second street and Marcy avenue in the said city of Brooklyn; running thence along North Second street to North Fifth street; along North Fifth street to Wythe avenue; along Wythe avenue to North 13th street; along North 13th street to Kent avenue; along Kent avenue to Franklin street; along Franklin street to Calyer street. Also, commencing at the intersection of Franklin street and Quay street in the said city of Brooklyn; thence along Quay street to West street; thence along West street to Calyer street. Also, commencing at the intersection of Monroe street or Woodbine street in the city of Brooklyn and Ridgewood avenue in the said city; running thence along said Woodbine street or Monroe street in said city to Broadway, across Broadway to Monroe street, along Monroe street to Classon avenue; along Classon avenue to Pacific street; along Pacific street to Nevins street; along Nevins street to Livingston street; along Livingston street to Court street; along Court street to Fulton street; along Fulton street to Liberty street; along Liberty street to High street. Also, commencing at the intersection of Classon avenue and Pacific street; thence along Pacific street to Franklin avenue; along Franklin avenue to Bergen street; along Bergen street to Rogers avenue. Also, commencing at the intersection of Pacific street and Fifth avenue; thence along Fifth avenue to Atlantic avenue; along Atlantic avenue to Flatbush avenue; along Flatbush avenue to State street; along State street to Nevins street. Also, commencing at the intersection of

North Fifth street and Wythe avenue; along Wythe avenue to South Eighth street. Also, commencing at the intersection of Classon avenue and Monroe street; thence along Classon avenue to Park avenue. Also, commencing at the intersection of Classon avenue and Pacific street; thence along Classon avenue to Washington avenue; along Washington avenue to Malbone street; along Malbone street to Ocean avenue. Also, commencing at the intersection of Atlantic avenue and Sixth avenue; thence along Sixth avenue to Prospect avenue; along Prospect avenue to Greenwood avenue; along Greenwood avenue to East Fourth street; along East Fourth street to Church avenue; along Church avenue to East 14th street, and along East 14th street to old boundary line between the towns of New Utrecht and Gravesend. Also, commencing at the intersection of Pacific street and Nevins street; thence along Nevins street to Carroll street; along Carroll street to Third avenue; along Third avenue to Third street. Also, commencing at the intersection of Livingston street and Hoyt street; along Hoyt street to Fulton street, across Fulton street into Bridge street, along Bridge street to Concord street. Also, commencing at the intersection of Central avenue and Jefferson street; along Jefferson street to Cypress avenue; along Cypress avenue to Troutman street; along Troutman street to boundary line of the city of Brooklyn. Also, commencing at the intersection of Bridge street and Concord street; thence along Bridge street to Nassau street; along Nassau street to Washington street; along Washington street to Sands street; along Sands street to Fulton street; along Fulton street to High street; along High street to Liberty; along Liberty to Nassau; along Nassau to Washington street. Also, commencing at the intersection of Elizabeth street and Dwight street; along Elizabeth street to Halleck street; along Halleck street to Hicks street; along Hicks street to Cranberry street; along Cranberry street to Fulton street; across Fulton street to High street; along High street to Washington street. Also, commencing at the intersection of Sixth avenue and Prospect avenue; thence along Sixth avenue to Greenwood cemetery at or near 23d street.

June 14, 1897: That it proposed to extend its present street surface railroad, from its present terminus at DeKalb and Wyckoff avenues, in the city of Brooklyn, county of Kings and state of New York, that is to say: along and upon the line of DeKalb avenue continued to the easterly city line, to pass until said portion of said avenue is opened, through private property owned or occupied by Peter Wyckoff. And that it also further proposes to construct a branch from its said street surface railroad now on Wythe avenue, from Wythe avenue upon and along the following named streets and avenues in said city of Brooklyn; that is to say, along and upon Rush street from Wythe avenue to Kent avenue, and Rush street from Wythe avenue to Division avenue, or Rush street from Kent avenue to Division avenue; thence along and upon Division avenue from its intersection with Rush street to Havemeyer street; thence along and upon Havemeyer street from Division avenue to Broadway.

June 24, 1897: That it proposed to extend its present street surface railroad from its present terminus at DeKalb and Wyckoff avenues, in the city of Brooklyn, county of Kings, and state of New York, that is to say: Along and upon the line of DeKalb avenue, continued to the easterly city line, to pass until said portion of said avenue is opened through private property owned or occupied by Peter Wyckoff; from such city line along and upon

the line of DeKalb avenue continued to the centre of Covert avenue, in the town of Newtown, county of Queens, and state of New York; thence along and upon Covert avenue to Elm avenue; thence along and upon Elm avenue to Fresh Pond road; thence along and upon Fresh Fond road to Cooper avenue; thence along and upon Cooper avenue to Trotting Course lane; also branches thereof from said railroad so extended, commencing at the junction of Cooper avenue and Dry Harbor road, along and upon Dry Harbor road to Metropolitan avenue, and also from said junction along and upon Dry Harbor road to Myrtle avenue; and through and along any private property in any portion of any such streets, avenues, roads or highways not opened or taken for public use; and through any private property in the route or line aforesaid which for any reason shall appear not to be in any street or highway opened or unopened.

Maps. The Company filed maps as follows:

March 30, 1861, in the register's office, Kings County, a route map from Fulton ferry to Throop avenue; November 16, 1861, an amended map showing the route as extending from DeKalb avenue through Stuyvesant street, Jefferson street and the Flushing and Newtown turnpike to the Queens County line; December 27, 1861, in the County Clerk's office, Queens County, a route map of its line from Kings County line along Flushing and Newtown turnpike to the line of the Flushing Railroad, Newtown.

Special franchises. July 30, 1860, by resolution of the common council, city of Brooklyn, the Company obtained a franchise to construct and operate a horse railroad for passengers and freight, with a single or double track as follows:

Extending through a portion of Myrtle avenue plankroad, Stockholm street, Bushwick avenue, DeKalb avenue, Debevoise street, Willoughby street, Bridge street, Water street, Fulton street and Front street to Gold street.

It is to be noted that the route described in the common council's franchise above, does not agree with the route as laid out on the map filed, March 30, 1861. The map shows a line on Gold street from Willoughby street to Water street, on Water street from Gold street to Bridge street, on Bridge street from Water street to the ferry, and on Main street from Water street to the ferry, all of which are in addition to the lines covered by the franchise.

By chapter 328, laws of 1861, this Company among others was expressly exempted from that section of the act for the consolidation of the cities of Brooklyn and Williamsburgh and the town of Bushwick, which prohibited the construction or operation of any railroad in the consolidated city of Brooklyn, irrespective of where

such railroad might commence or end, unless a majority of the owners of property upon the streets or avenues to be occupied by the tracks should first petition the common council.

April 15, 1861, by resolution of the common council, city of Brooklyn, the Company was authorized to change the line of its road, so as to lay its tracks from DeKalb avenue through Stuyvesant avenue, across Broadway to Myrtle avenue plank road to Jefferson street, and thence through Jefferson street and the Flushing and Newton turnpike to the city line.

By chapter 736, laws of 1869, the Company was authorized to 66 remove one of its tracks from Debevoise street, and one of its tracks in Willoughby street, between Debevoise street and Gold street, and in lieu thereof to lay down a single track with a turnout in DeKalb avenue between Debevoise and Gold streets, and a single track in Gold street between DeKalb avenue and Willoughby street, and to maintain and operate its railroad over its tracks as now laid down, with the exception of those to be thus removed in connection with the tracks thus provided to be laid." Apparently whatever defect there may have been in the Company's franchises for its routes as constructed prior to the passage of this act, it was now removed.

By chapter 165, laws of 1872, the Company obtained a franchise to extend its double track in DeKalb avenue to Fulton street, and there to make a connection with the tracks already laid on Fulton street, and to run its cars upon these tracks to the corner of Fulton street and Myrtle avenue, and to construct and operate tracks from that point to Washington street, and thence down Washington street with a double track to the Company's tracks on Front and Water streets, connecting therewith.

November 27, 1876, by resolution of the common council, city of Brooklyn, the Company obtained a franchise to extend the side track "now laid on the west side of Washington street, northerly to the south side of the crossover opposite the post office; also to construct a turnout from its track to the side track; also to use and occupy so much of the side track as may be necessary for one

car."

December 17, 1877, by resolution of the common council, city of Brooklyn, the Company obtained a franchise to lay and operate

a curved rail from the railroad track on Concord street to the track on Gold street, situated at the northwest corner of Concord and Gold streets.

April 22, 1878, by resolution of the common council, city of Brooklyn, the Company received permission to "lay sidings at Macomber square" (intersection of Fulton and Gold streets and De Kalb avenue) under the direction of the board of city works. On the same date, the Company was authorized by resolution of common council to construct and operate its railroad with a single or double track on DeKalb avenue from the terminus of its route to Wyckoff avenue, the construction of the track to be under the supervision of the department of city works.

By resolution of the Brooklyn common council, dated October 5, 1885, permission was given this Company and The Brooklyn City Rail Road Company to connect the easterly track on Washington street with the westerly track on Fulton, street by a single track on Johnson street.

February 15, 1896, by an agreement entered into with the trustees of the New York and Brooklyn Bridge, this Company was permitted to construct terminal tracks on the bridge lands between Sands and High streets, and to operate these tracks for a yearly license fee of $500. The Company agreed to remove its tracks and abandon the operation of its railroad thereon upon three months' notice from the trustees.

July 23, 1897, by consent of the commissioners of highways of the town of Newtown, the Company obtained a franchise to construct and operate a double track railroad upon the streets in the town of Newtown described in the certificate of extension filed in the secretary of state's office June 24, 1897, but dated June 22, 1897.

August 23, 1897, by an agreement entered into with the trus tees of the New York and Brooklyn Bridge, the Company obtained the right to operate its cars over the bridge. The arrangement was for the use of a single track to be located on the north side of the north roadway of the bridge passing from Brooklyn to New York, and another single track to be located on the south side of the south roadway for return to Brooklyn. It was expressly stipulated that the Company should not bring upon the bridge or