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assessments as compensation to the companies for the removal of steam power from Atlantic avenue and the relinquishment of the right to use steam power there in future.

Two days later, on April 28, 1860, the two companies entered into an agreement with the commissioners appointed under the acr providing for the removal of steam from Atlantic avenue, by which The Brooklyn and Jamaica Railroad Company agreed to close the entrance to the tunnel in Atlantic street and restore and pave the street and regulate it to its proper grade. It also agreed, with the assent of The Long Island Railroad Company, absolutely to relinquish the right to use steam power in Atlantic avenue. It agreed that the use of steam was to be discontinued as indicated by the statutes and agreements already recited as soon as The Long Island Railroad Company had completed its new road between Jamaica and Hunter's point. This Company agreed to accept (in consideration of the surrender of the privileges as recited) the assignment from the commissioners of the assessment list and the right to receive payment of the assessment levied upon benefited property to the amount of $125,000, as already set forth.

The actual discontinuance of the use of steam on Atlantic avenus was effected May 9, 1861, at a date subsequent to the merging of this Company into the Brooklyn Central and Jamaica Railroad Company. Right to cede turnpike road to the city. By chapter 310,

laws of 1846, this Company was authorized to cede to the city that portion of the Brooklyn and Jamaica Turnpike Road and of the Brooklyn Flatbush turnpike road lying within the city limits.

Operation. Records do not disclose when this road was opened to traffic, whether at the date of the lease, December 1, 1936, or at the later date, March 1, 1837, when the first section of the Long Island Railroad proper from Jamaica to Hicksville was opened.

50

The Brooklyn and Jamaica Railway Company

(Brooklyn and Queens) Incorporation. March 26, 1866; General Railroad Law of 1850; by Electus B. Litchfield and associates; for purpose of acquiring the railroad rights, privileges, franchises and property of the Brooklyn Central and Jamaica Railroad Company (no. 74), which had been bid in at public auction in foreclosure proceedings by Mr. Litchfield on August 7 and September 14, 1865; corporate life, 99 years; capital stock, $500,000; route (about 16 miles) as follows:

Extending from Church street in the village of Jamaica (Queens), westward through East New York and the city of Brooklyn to the East river at the foot of Atlantic street; with a branch through Flatbush avenue and Fifth avenue to 37th street; also with a branch from Atlantic street through Furman street to Fulton ferry;

all the portion of the route thus far described being constructed ; with unconstructed routes:

Extending from Atlantic street through Bond street to Third place and from Bond street through Butler street and Nevins street back to Atlantic street;

The unconstructed route described in the Company's articles of association was not covered by the charters of the predecessor companies, and the charter and franchise routes that had not been constructed by the predecessor companies were not included in this Company's route.

Right of way. March 27, 1866, the Company acquired title through deed from Gerard M. Stevens, referee, to seven parcels of real estate formerly owned by The Brooklyn Central and Jamaica Railroad Company, and also to that company's constructed road extending

From Church street, Jamaica, to the East river at the foot of Atlantic street, and branching through Flatbush avenue and Fifth avenue to 37th

street.

The deed also included the right of The Brooklyn Central and Jamaica Railroad Company to construct branches and connecting roads as well as that company's "liberties, privileges and franchises.'

Stock. The Company's report to the state engineer, 1866, stated that $448,100 of its stock had been subscribed and paid in. Intercorporate relations. (See also chart IV, no. 44.)

On January 18, 1867, this Company leased to The Long Island Railroad Company that portion of its lines extending from Classon avenue, Brooklyn, to the village of Jamaica. November 14, 1867, it leased the remainder of its lines to William Richardson, who continued to operate the road until November 1, 1872, when he acquired title to it by deed from Gerard M. Stevens, referee, under foreclosure proceedings, for the sum of $106,817.83. In the deed of sale all the property covered by a mortgage originally executed June 1, 1855, by The Brooklyn and Jamaica Railroad Company to Samuel Willetts and others, as trustees, and also the property covered by another mortgage dated February 1, 1867, and executed by The Brooklyn and Jamaica Railway Company to the same persons as trustees, with certain exceptions and reservations, was conveyed to William Richardson, subject to a mortgage given by The Brooklyn Central and Jamaica Railroad Company February 1, 1861, to Robert P. Perrin, trustee; also subject to a certain mortgage given by The Brooklyn and Jamaica Railway Company, February 1, 1867, to Robert P. Perrin as trustee; also subject to a certain mortgage given by the Brooklyn Central and Jamaica Railroad Company, October 1, 1862, to Charles Stanton as trustee; also subject to a certain mortgage given by The Brooklyn and Jamaica Rail Road Company, February 1, 1867, to Stanton as trustee; also subject to a certain mortgage given by The Brooklyn and Jamaica Railway Company, April 2, 1866, to Richard II. Tucker as trustee; also subject to a certain mortgage given by The Brooklyn and Jamaica Railway Company, February 1, 1867, to Tucker as trustee; also subject to a certain mortgage given by The Brooklyn and Jamaica Railway Company, December 1, 1866, to Charles S. Brown as trustee; also subject to the lease given by The Brooklyn and Jamaica Railway Company to William Richardson and The Long Island Railroad Company.

Subsequent to this foreclosure Richardson and his associates organized The Atlantic Avenue Railroad Company of Brooklyn (no. 6), to which he assigned his lease of the road, and on February 28, 1874, conveyed the property by deed.

After the lease of The Brooklyn and Jamaica Railway Company's road in 1867, the Company made no further report to the state engineer except for the year 1870, wherein it was stated that a portion of the road had been leased (date not given) to The Long Island Railroad Company, and that the remainder of the road had been leased November 14, 1867, to William Richardson, who at the time had purchased the Company's rolling stock and real estate owned in fee. The lease to Richardson was for a period of 40 years. The Company reserved its organization only as a matter of form.

Construction and operation. In the Company's first report to the state engineer, 1866, it stated that the length of the road constructed was 1412 miles, and the length of the second track, including sidings, was nine and one-half miles. The length of the main line from Brooklyn to Jamaica was given as 12 miles.

51 The Brooklyn and Jersey City Ferry Railroad Company

(Manhattan) Incorporation. July 26, 1884; General Street Railroad Law of 1884; for the purpose of constructing a street surface railroad; corporate life, 50 years; capital stock, $150,000; route (about three miles) as follows:

Beginning at Fulton ferry and running westerly through Fulton street to West street and southerly along West street to Liberty street ferry and in returning running northerly through West street to Dey street and easterly through Dey street and John street to South street and northerly through South street to Fulton ferry.

Special franchises. July 21, 1884, the Company filed a petition with the Board of Aldermen for consent to construct and operate its road along the following route:

On Fulton street from Fulton ferry at the East river to West street; on West street from Fulton street to the Liberty street ferry, on the North river; on West street from Liberty street to Dey street; on Dey street from West street to John street; on John street from Dey street to South street; on South street from John street to Fulton ferry. No action seems to have been taken upon this application:

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

52 The Brooklyn and Long Island Cable Railway Company

(Brooklyn and Queens) Incorporation March 13, 1884; General Railroad Law of 1850, and amezdment passed April 20, 1866; for purpose of constructing an elevated railway to be propelled by rope or cable attached to stationary power; corporate life, 500 years; capital stock, $5,000,000; route (about 15 miles) as follows:

From the South ferry, Brooklyn, and from Fulton ferry, Brooklyn, to Jamaica; from South ferry through Atlantic avenue to East New York; thence along the route of the railway of the Long Island Railroad Company. From Fulton ferry through Water to Washington, also through Fulton and

Front to Washington, through Washington to Sands to Adams to Fulton to Boerum place to Atlantic avenue to connect with the first route, or an alternative route, after reaching Washington street, through Washington to Fulton, Fulton to Boerum place, to Atlantic avenue.

Maps. August 21, 1885, the Company filed in the register's office of Kings County a map and profile of its route.

Special franchises. March 30, 1885, the Company obtained a franchise from the common council of the city of Brooklyn to construct its railway:

Over, upon and through Atlantic avenue from the South ferry to the city line, and over, upon and through Washington street from Sand street to Fulton street; Fulton street from Adams street to Boerum place, and Boerum place from Fulton street to Atlantic avenue.

Stock. In the Company's report to the Railroad Commission, 1885, it stated that $50,000 of its stock was outstanding, and $5,000 in cash paid in.

Construction. The Company undertook to construct its road in part on Boerum place, but was restrained from doing so by suit instituted against it by a property owner, abutting on the street whercin construction was commenced.

In an opinion by the Court of Appeals (124 N. Y. 630) it was held that the General Railroad Act of 1850 and its amendatory and supplementary acts did not confer upon a company incorporated under it the right to build within the limits of a city a structure of the character of that contemplated and undertaken by the defendant. It seems that the Company had obtained the foregoing consent of the common council in a manner provided by the act of 1850, but had failed to comply with section 23, title 19, chapter 863, laws of 1873 (the charter of the city of Brooklyn), which provided that “ It shall not be lawful hereafter to lay, construct or operate any railroad in, upon or along any or either of the streets or avenues of the city of Brooklyn, wherever such railroad may commence or end unless a majority of the owners of property upon the streets or avenues in or along which such railroad is to be constructed shall first petition the common council of said city therefor, nor unless the said common council shall authorize the construction of such railroad, and the grant therefor shall have been awarded and given to the person who will agree, with adequate security, to carry passengers on such railroad at the lowest rate of fare." No record of

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