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at the ferry at the foot of Broadway, through Broadway to the Jamaica and Brooklyn plank road; August 16, 1887, an official map extending its line from Flushing avenue over Central avenue to the Queens County line at Evergreen cemetery, near Pilling street.

Special franchises. By chapter 461, laws of 1860, the Company obtained a franchise to construct a single line of railroad track:

Commencing at its existing track at South Sixth street, and running thence through Eighth street (now Marcy avenue) to and across Broadway (or Division avenue) to Ross street, and double tracks through Ross street and Bedford avenue to Fulton avenue; and whenever Nostrand or Rogers avenue shall have been legally opened, graded and paved, to extend the line of double tracks through Fulton and either Nostrand or Rogers avenue to the village of Flatbush; also a single track running from South Sixth street through 11th street (now Hooper street), South Fifth street, Montrose avenue, Morrell street and Johnson street to intersect the Company's tracks on Broadway; also double tracks from Morrell street through Johnson street and the Cypress Hills plank road to Cypress avenue, and whenever Cypress avenue shall have been legally opened and graded, to extend a double or single track on said avenue to Cypress Hills cemetery; also whenever White, Bogart or Thames streets and Central or Knickerbocker avenue shall have been legally opened and graded the said company is authorized to lay a double or single line of railroad track through and over the same to the city line, from the intersection of either White or Bogart street, with the Cypress Hills plank road.

The tracks authorized by this act were to be completed on the several streets and avenues enumerated by October 1, 1861, "or as soon thereafter as the said streets and avenues within said city shall have been opened, graded and paved, and upon any plank road or roads whenever the consent of the plank road companies shall have been obtained."

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In a decision by the Court of Appeals, March 10, 1891 (People vs The Broadway Rail Road Company of Brooklyn, 126 N. Y. 29) it was held that the Company had forfeited this franchise, the court stating that at the time this legislative grant was given, 11th street from South Sixth street to South Fifth street, South Fifth street, Montrose avenue, Morrell street and Johnson street. were city streets, opened, graded and paved, and travelled and in use as such;" that the aggregate length of these streets was about one mile and a half, and that in the fall of 1860 the Company constructed a single line of railroad track through these streets and began to operate this line March 1, 1861. Thereafter the Company removed its tracks from these streets and never maintained or operated a road therein after that date. In 1887

the Company commenced the construction of its road on Central avenue, laying about 3000 feet of tracks and spending upwards of $12,000, when it was stopped by adverse litigation. It never operated any cars on the Central avenue extension. In view of these facts, the court held that the Company had forfeited all its rights under the act of 1860.

By chapter 222, laws of 1861, the Company obtained a franchise to construct a double track:

From the East river at the foot of South Seventh street, along South Seventh and South Sixth streets (now Broadway) to Broadway; also from South Seventh street through Fourth street (now Bedford avenue) southerly to and across Broadway (now Division avenue) to Bedford avenue, and continuing through Bedford avenue to and across Ross street; also from Bedford avenue along Atlantic avenue to Franklin avenue; thence through Franklin avenue to Flatbush; also from Franklin avenue through Warren street (now Prospect place) to Vanderbilt avenue; also from South Sixth street through Fifth street (now Driggs avenue) to and across Broadway (now Division avenue) to Lee avenue, continuing through Lee avenue to Ross street.

It is to be noted that this legislative grant authorized a double track in what is now Broadway from Division avenue to the East river, whereas by the original grant of 1858 the Company had been authorized to construct a single track through what is now Broadway from Division avenue to First street (now Kent avenue). According to this act of 1861, double tracks were authorized along Franklin avenue "to Flatbush." It is not clear whether this meant to the dividing line between Brooklyn and Flatbush at Montgomery street or to Flatbush avenue several blocks further south.

By chapter 788, laws of 1873, the Company was authorized to run its cars over the tracks of The Brooklyn City Rail Road Company and The Grand Street, Prospect Park and Flatbush Rail Road Company:

From the foot of Broadway (formerly South Seventh street) at its intersection with First street (now Kent avenue), through First street to Grand street, thence through Grand street to Little Water street (now River street), thence through Little Water street to First street again, and thence through First street to Broadway.

This Company was required, however, to remunerate the other companies for running over their tracks. This Company was

also authorized to lay down a double track:

From Broadway (formerly South Seventh street) through Reed (now Reid) avenue to Fulton avenue,

after obtaining the consent of a majority of the property owners on the line of this extension.

October 2, 1876, by resolution of the common council, it was recited that "for the further accommodation of the public travel on Broadway, it is desirable that there should be but two tracks in the center of said street, and in order to effect the same it will be necessary to lay down side tracks and turnouts." This Company and the Broadway and Bushwick Company were authorized in consideration of the removal of their extra tracks on Broadway west of Fifth street (now Driggs avenue) to lay down a side track on the north side of Broadway west of Dunham place not less than one foot from the curb, with the necessary switches and turnouts for the accommodation of the East New York and Reid avenue lines of the Broadway Rail Road Company and of the Tompkins avenue line of The Bushwick Railroad Company. The two companies were likewise authorized to lay down a side track on the south side of Broadway west of Dunham place, with the necessary switches and turnouts for the accommodation of the Fourth street line of The Bushwick Railroad Company, and the proposed Yates avenue line. The new Williamsburgh and Flatbush Rail Road Company was also authorized and directed to connect with the tracks in the center and along the south side of Broadway west of Dunham place and east of the turnout of The Bushwick Railroad Company and west of the Yates avenue line, and to remove the siding and connection then used by the company on the north side of Broadway. In order to facilitate the prompt movement of cars the Broadway Rail Road Company was authorized to put in on the up track as far as Sixth street a center bearing rail. It was agreed that in complying with the conditions and requirements of these resolutions the companies named did not yield or forfeit their charter rights.

By chapter 582, laws of 1864, the General Railroad Law of 1850 was amended by adding to subdivision 5 of section 28 a provision to the effect that nothing in the law should be construed as authorizing any railroad company "to construct its road upon and along any highway without the order of the Supreme Court of the judicial district in which said highway is situated, made at a special term of said court, after at least 10 days' notice in writing of the intention to make application for said order shall

have been given to the commissioners of highways of the town in which said highway is situated."

Pursuant to this provision, by an order of the Supreme Court in the city of Brooklyn at a special term dated October 1, 1877, Justice Jasper W. Gilbert authorized this Company to construct the Cypress avenue extension. This order recites that the Company filed a petition with the court, September 29, 1877, showing that it had acquired the right to change the eastern terminus of its railroad from its location at Alabama and Atlantic avenues in East New York to Cypress avenue at or near the Brooklyn and Jamaica turnpike, and also to change the route of its road so as to reach its new terminus through Fulton avenue and Cypress avenue. It is also recited that this Company's petition showed that it had obtained the written consent of the owners of more than one-half in value of the property abutting on the streets in the town of New Lots upon which the extension was to be constructed, and that it had also obtained the written consent of the commissioners of highways of the town of New Lots. No copy of the consent of the commissioners of highways referred to in the court's order has been filed with the Public Service Commission.

July 8, 1878, by resolution of the common council of the city of Brooklyn, this Company "in compliance with the law with the written consent of The Brooklyn City Rail Road Company and the property owners on Utica avenue between Fulton and Atlantic avenues "" was authorized to lay a double track with the necessary curves, switches and turnouts from its terminus at Reid avenue and Fulton street to the corner of Utica and Atlantic

avenues.

June 15, 1885, by resolution of the common council of the city of Brooklyn, this Company was authorized

To extend a double track railroad or branch of its existing road through Ralph avenue from Broadway to Fulton street, thence through Fulton street to Ralph avenue again; thence through Ralph avenue to the dividing line between the city of Brooklyn and the town of Flatbush.

The Company was also authorized to construct its road over any private property which it might acquire for the purpose.

June 1, 1891, by resolution of the common council of the city of Brooklyn, the Company was authorized to construct a side

track on the northerly side of Bergen street between Albany avenue and Troy avenue in front of the Company's property, to connect with the Company's existing tracks in Troy avenue, a distance of 100 feet.

July 24, 1893, by resolution of the common council of the city of Brooklyn, the Company obtained a franchise to construct and operate double track extensions to be operated by horses, by electricity or otherwise, over all of the streets covered by the Company's certificate of extension filed May 29, 1893, except

Greene avenue from Broadway to Franklin avenue, Hanson place from Greene avenue to Flatbush avenue, Gates avenue from Franklin avenue to Fulton street, Clinton street from Liberty street to Union street, Union street from Clinton street to Hamilton avenue, Madison street from Broadway to Franklin avenue, and Putnam avenue from Broadway to the city line. It is to be noted also that St. Marks avenue from Troy avenue to the city line, which had been included in the Company's certificate of extension of June 2, 1893, was omitted from this franchise resolution.

December 16, 1893, the Company obtained a franchise from the commissioners of highways of the town of Flatbush to the construction and operation of a double track extension:

On Ralph avenue from the dividing line between Brooklyn and Flatbush to East New York avenue; also on Utica avenue from the dividing line between Brooklyn and Flatbush to the dividing line between Flatbush and Flatlands; also from the dividing line between Brooklyn and Flatbush through Troy avenue, Malbone street and Albany avenue to the dividing line between Flatbush and Flatlands, but not through the Holy Cross cemetery.

January 24, 1894, by consent of the highway commissioners of the town of Flatlands, the Company obtained a franchise to the construction and operation of double track extensions:

From the dividing line between Flatbush and Flatlands along Albany avenue, across avenue K and along East 41st street to Flatlands avenue; also from the dividing line between Flatbush and Flatlands along Utica avenue to Flatbush avenue; also from Remsen avenue along Ralph avenue and avenue T to Flatbush avenue; also from the dividing line between Flatbush and Flatlands along Rockaway parkway and avenue E to Remsen avenue; also from Rockaway parkway along Linden avenue and Remsen avenue to Ralph avenue.

February 16, 1894, by consent of the commissioners of highways of the town of Flatbush, the Company obtained a franchise for the construction and operation of a double track street surface railroad to be operated by cable, electricity or horse power:

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