of bid.

The comptroller shall cancel any bid in excess of the entire gross Cancellation receipts, leaving in force the highest bid not in excess of the gross receipts; 1901, ch. 494, sec. 1.

The board of sinking fund commissioners of any city shall have power Release of liability. to compromise or release any existing liability or obligation to the mayor, aldermen and commonalty of such city under the provisions of chapter 642, laws of 1886, or of chapter 434, laws of 1893, whenever in the opinion of such board such release or compromise shall be equitable; 1893, ch. 434, sec. 1.

differences.

The Board of Estimate and Apportionment or other proper local authority in any city of the first class shall have power, in its discretion, to contract with any street surface railroad corporation for the purpose of adjusting any or all differences existing between such cor- Adjusting poration and such city with respect to car license fees, percentages upon gross earnings, rentals, and any other payments, other than taxes upon real or personal property and capital stock, payable to the city under existing acts of the legislature, municipal ordinances, grants by or contracts with the municipal authorities or otherwise; any contract so made, may, with the approval of the municipal authorities or their successors in office, be modified from time to time by the parties thereto for the purpose of meeting changed conditions. The approval of the mayor and the comptroller shall be required; 1905, ch. 651, sec. 1.

Whenever it shall be desired to unite two street surface railroad Connection

one half

routes at some point not over one-half mile from such respective lines or extension or routes and establish by the construction of such connection a new mile long. route for public travel, and the corporation or corporations owning or using such railroads shall consent to operate such connection as a part of a continuous route for one fare and it shall appear to the local authorities that such connection cannot be operated as an independent railroad without inconvenience to the public, but that it is to the public advantage that the same should be operated as a continuous line or route with existing railroads or whenever for the purpose of connecting with any ferry or railroad depot it shall be desired to construct an extension or branch not more than one-half mile in length of any street surface railroad corporation no sale of such franchise shall be made, but the consent of the local authorities shall provide that the corporation shall pay into the treasury of said city annually the statutory percentage provided for extensions or branches; 1892, ch. 676, sec. 93; same, 1910, ch. 481, sec. 173.

CONSENTING LOCAL AUTHORITIES FOR STREET RAILROADS

In cities the common council subject to the mayor's veto power shall Common be the franchise granting authority; where in any city, the exclusive council. control of any street, road, highway, avenue or property is by law vested in any local authority other than the common council, the consent of such local authority shall also be required; 1884, ch. 252, sec. 3; same, 1890, ch. 565, sec. 91.

Park

But the above is not to be construed to affect any portion of a street department. surface railroad which is in or upon any portion of a street which is under the jurisdiction of a park department in any city containing a population of over 1,200,000 inhabitants; 1901, ch. 638, sec. 1; same, 1910, ch. 481, sec. 171.

Board of estimate.

In the city of New York the Board of Estimate and Apportionment subject to the mayor's veto power, shall be the franchise granting authority; charter of the city of New York; 1898, sec. 74.

In villages the board of trustees shall be the franchise granting authority; 1884, ch. 252, sec. 3; 1890, ch. 565, sec. 91, and 1910, ch. 481, sec. 171.

In towns the town board shall be the franchise granting authority; 1890, ch. 565, sec. 91.

In towns the commissioner of highways; 1893, ch. 434, sec. 1.

In towns the commissioner of highways and the town board; 1907, ch. 156, sec. 1.

In towns, the superintendent of highways and the town board; 1910, ch. 481, sec. 171.

In a city.

Not to prevent completion. Legislature restricted.

Consent of property owners or report of commis

sioners.

Extensions and branches.

CONSENT OF ABUTTING PROPERTY OWNERS

(See also Consent of Local Authorities)

For street surface railroad.

The common council shall not hereafter permit to be constructed in any street or avenue of a city a railroad for the transportation of passengers, which commences and ends in said city, without the consent thereto of a majority in interest of the owners upon such street. This act shall not prevent the construction, extension or use of any railroad in any city, which has already been constructed in part; 1854, ch. 140, sec. 1.

No law shall authorize the construction of a street railroad except upon the condition that the consent of the owners of one-half in value of the abutting property and the consent also of the local authorities be first obtained, or in lieu of the consent of property owners, an affirmative report of three commissioners appointed by the general term of the Supreme Court and approved by the court; 1874, concurrent resolution amending the state constitution, now art. 3, sec. 18.

Any street surface railroad corporation may construct, maintain, operate, use and extend a railroad or branches on the surface of the soil, through, along and upon any private property, which said company may acquire, and may also construct such switches, sidings, turnouts, turntables and suitable stands as may be necessary for the convenient working of such road, provided that the consent in writing of the owners of one-half in value of the abutting property or the determination of commissioners confirmed by the court and the consent also of the local authorities having control of that portion of the street or highway on which it is proposed to construct, be first obtained; 1884, ch. 252, sec. 3.

Made to apply also to change of motive power of street railroads; Change of 1884, ch. 252, sec. 12; same, 1890, ch. 565, sec. 100, and 1910, ch. 481, motive

sec. 180.

power.

Above provisions made to apply also to street railroads in towns Towns and and villages. In cities and villages the consent of the owners of one- villages. half in value, and in towns not within the corporate limits of a city or village, the consent of the owners of two-thirds in value of the abutting property shall be obtained; 1895, ch. 545, sec. 1; same, 1910, ch. 481, sec. 171.

The determination of three commissioners appointed by the appellate division of the Supreme Court, confirmed by the court, may be substituted for property owners' consents; 1890, ch. 565, sec. 94; same, 1910, ch. 481, sec. 174.

Value deter

assessment

For the purpose of the consent of the abutting owners the value of the property so abutting shall be determined from the assessment roll mined from of the city confirmed or completed last before the local authorities roll. shall have given their consent, except as to property owned by such city the value of which shall be determined by allowing therefor the same value as is shown by such assessment roll to be the value of the equivalent in size and frontage of any adjacent property on the same street; 1884, ch. 252, sec. 4.

Whenever any street surface railroad corporation shall have been Dissolution of company dissolved or annulled or its charter repealed by an act of the legislature, "not to imthe consent of owners of abutting property and the consent of the pair consents. municipal authorities having the control of, that portion of the street or highway upon which the railroad of such corporation shall have been theretofore constructed and operated and the order of the general term of the Supreme Court confirming the report of any commission for the construction and operation of such railroad, shall not be deemed to be in any way impaired, revoked, terminated or otherwise affected by such act of dissolution, annulment or repeal, but the same shall continue in full force; and the right to the further use thereof shall be sold at public auction by the municipal authorities, and the purchaser shall have the right to the further use of such consents and orders; 1890, ch. 565, sec. 106; same, 1910, ch. 481, sec. 185, except that the "appellate division" is substituted for the "general term" of the Supreme Court for the appointment of commissioners.

CONSENT OF LEGISLATURE

For street surface railroad.

restricted.

It shall not be lawful hereafter to lay, construct or operate any rail- Legislature road in any street of the city of New York except under the authority and subject to the regulations and restrictions which the legislature may hereafter grant or provide. This shall not be held to impair any valid grant for or relating to any railroad in said city, existing on January 1, 1860. 1860, ch. 10, sec. 1; same, 1882, ch. 410, sec. 1942. The legislature shall not pass a private or local bill granting to any Private or corporation, association or individual the right to lay down railroad local bill. tracks and granting to any private corporation, association or individual

Consent of local authorities and of property

owners.

any exclusive privilege, immunity or franchise whatever; 1874, concurrent resolution amending article 3 of state constitution, now art. 3, sec. 18.

No law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of onehalf in value of the abutting property, and the consent also of the local authorities be first obtained; 1874, concurrent resolutions amending article 3 of state constitution, now art. 3, sec. 18.

Of city.

Of supreme court.

After obtaining consent

of property owners.

Legislature restricted.

Consent shall cease.

CONSENT OF LOCAL AUTHORITIES

For street surface railroad.

Nothing in the General Railroad Law shall be construed to authorize the construction of any railroad not already located in, upon or across any streets in any city, without the assent of the corporation of such city; 1850, ch. 140, sec. 28, subd. 5.

Nor to authorize any such 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; 1864, ch. 582, sec. 1.

After the consent of a majority in interest of the owners of property upon the streets in which a railroad is to be constructed is obtained, it shall be lawful for the common council of the city in which such street or avenue is located to grant authority to construct and establish such railroad upon such terms, conditions and stipulations in relation thereto, as such common council may see fit to prescribe. This shall not be held to prevent the construction, extension or use of any railroad in any city which has already been constructed in part; 1854, ch. 140, secs. 1 to 3.

No law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of onehalf in value of the abutting property, and the consent also of the local authorities be first obtained; 1874, concurrent resolutions amending article 3 of state constitution, now art. 3, sec. 18; same, 1884, ch. 252, sec. 3.

The consent of the local authorities shall also operate as the consent of such city as the owner of property; 1884, ch. 252, sec. 4.

No railroad corporation shall construct its road in, upon or across any street of any city without the assent of the corporation of such city, nor across, upon or along any highway in any town or street in any incorporated village without the order of the Supreme Court of the district in which such highway or street is situated; 1890, ch. 565, sec. 11; same, 1910, ch. 481, sec. 21.

Any consent of the local authorities shall cease and determine at the expiration of one year thereafter unless prior thereto the Company shall have filed the consent of property owners or the determination of commissioners confirmed by the court; 1890, ch. 483, sec. 1.

All consents for street surface railroads hereafter given by the local authorities shall cease and determine at the expiration of two years thereafter, and every such consent heretofore given to a street railroad company for the purpose of constructing and operating a street surface

Harlem

railroad only wholly south of the Harlem river shall continue until South of June 30, 1893, when it shall cease, unless prior thereto the consent of a River. sufficient number of property owners or the order of the General Ter:n in lieu thereof shall have been first obtained; 1892, ch. 676, sec. 93. Such consent of the local authorities shall continue until June 30, 1895; 1893, ch. 434, sec. 1.

forfeited.

All consents hereafter given by the local authorities, unless otherwise May be provided in such consent or in some renewal thereof, may be forfeited at the expiration of two years thereafter, and every consent by the local authorities of any city of the first class or of any city, town or village now embraced within the corporate limits of any city of the first class heretofore given to or acquired or owned, by any street surface railroad corporation since January 1, 1890, is ratified and confirmed, and shall be deemed to be in full force and effect and shall continue until and including December 31, 1903, when it may be forfeited, unless prior thereto the required consents of property owners or determination by the appellate division of the Supreme Court in lieu thereof shall have been first obtained; 1901, ch. 494, sec. 1.

All consents hereafter given by the local authorities unless it be otherwise provided in such consent or in some renewal thereof may be forfeited at the expiration of two years thereafter; 1908, ch. 475, sec. 1.

Whenever any street surface railroad corporation shall have been dis- Dissolution of company solved or annulled or its charter repealed by an act of the legislature, not to imthe consent of owners of property bounded on and the consent of the pair consent. municipal authorities having the control of that portion of the street or highway upon which the railroad of such corporation shall have been theretofore constructed and operated and the order of the general term of the Supreme Court confirming the report of any Commission for the construction and operation of such railroad, shall not be deemed to be in any way impaired, revoked, terminated or otherwise affected by such act of dissolution, annulment or repeal, but the same shall continue in full force; and the right to the further use thereof shall be sold at public auction by the municipal authorities and the purchasers shall have the right to the further use of such consents and orders; 1890, ch. 565, sec. 106; same, 1910, ch. 481, sec. 185, except that "Appellate Division" is inserted instead of "General Term."

No street surface railroad shall be constructed on the grounds of pub- Tunnels in lic buildings or parks, except in tunnels with the approval of the local parks. authorities having control of such parks; 1884, ch. 252, sec. 17.

No public park or square in any city or village of this state shall be used or occupied by any corporation for railroad purposes, and every road constructed in or through any such street or public place shall be wholly underground, constructed in a tunnel and not otherwise; 1890, ch. 565, sec. 16, and 1910, ch. 481, sec. 28.

Above provisions not to apply to the county of Kings; 1892, ch. 702. This was omitted from 1893, ch. 316, sec. 1, and from 1910, ch. 481, sec. 28.

No street surface railroad shall be constructed or extended upon the Tunnels under public ground occupied by buildings belonging to any town, city, county or buildings. to the state, or to the United States or in public parks, except in tun