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the entry of a final order made by the supreme court confirming the report of such commissioners and the court on making such order shall fix a date not more than one year thereafter on which the right to operate such railway or exercise such franchise and to use such tracks, property or appurtenances shall cease and determine, and in case an appeal be taken from such order of confirmation such time shall be further extended for a like period after the entry of an order of affirmance on such appeal. During such period it shall be lawful for such railroad company or companies to continue the use of such franchise or franchises or of the tracks, property or appurtenances sought to be condemned or acquired, as if no such proceeding had been instituted. The award, if any, made to such commissioners and confirmed by said court shall become payable on the expiration of such period with interest thereafter, and such award with the cost and expenses incident to such proceeding shall be borne and paid by the city of New York by the issue and sale of corporate stock of the city of New York, and the board of estimate and apportionment shall be authorized to issue and sell such stock as shall be necessary for such purpose, in like manner as corporate stock is by law issuable for the payment of damages awarded by commissioners of estimate and assessment in reports confirmed in proceedings taken to open streets, roads, avenues, boulevards or public parks. Such corporate stock may be authorized to be issued by said board without the concurrence or approval of any other public board or body.

§ 6. Discontinuance of proceedings.-The board of rapid transit commissioners is authorized and empowered to discontinue any and all legal proceedings taken under this act for condemning such franchise or franchises and acquiring the tracks, property or appurtenances of such railway company or companies or any part thereof at any time before the confirmation of the report of the commissioners in such proceeding, if, in its opinion, the public interest requires such discontinuance and with power to cause new proceedings to be taken in such cases for the appointment of new commissioners.

§ 7. Effect of act on powers of city officers.-Nothing in this act contained shall be construed in any wise to abridge or affect the powers of the city of New York or of any proper and authorized board of public officer of said city to prevent the unlawful use by any railway company or corporation or any street, avenue, public park or place in said city.

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§ 8. Act not applicable to certain railroads.-Nothing in this act contained shall be held to affect or apply in any way to a corporation operating a steam surface railroad in the city of New York for the purpose only of transporting freight from its wharves, docks or piers to its freight yards or depots in said city over tracks not more than one-half mile in length.

9. Time of taking effect.-This act shall take effect immediately.

Index to Rapid Transit Act.

ABSENT.

Payment of award of commissioners of appraisal to owner who is,
from city, § 54, p. 756.

ABUTTING PROPERTY.

General plans approved by board for rapid transit railway must
show extent of, affected, § 4, pp. 704-706.

ACCESS.

To surface, tunnel railroad may acquire facilities for, § 32,
pp. 725-728.

ACCOMMODATIONS.

ACT.

Railway corporation shall furnish sufficient, for passengers and
freight, § 28, p. 724.

Party aggrieved by failure or neglect of railway to furnish, may
sue for damages, § 28, p. 724.

Construction of this, § 64, pp. 760, 761.

Repeals all inconsistent acts and parts of acts, general and local,
§ 66, p. 761.

Shall take effect immediately, § 66, p. 761.

Amendment of 1906 to this, shall not affect railways constructed,
constructing, or contracted for, L. 1906, ch. 472, § 14, p. 763.

ACTIONS.

See also" CONDEMNATION PROCEEDINGS;" "CONSENTS."

Party aggrieved by neglect or refusal of corporation to furnish
accommodations, etc., may sue in damages, § 28, p. 724.

By railway corporation, for wilful damage to its property, § 30,
pp. 724, 725.

ADDITIONAL TRACKS.

Board may permit steam railway to lay, in its subway, L. 1906,
ch. 109, § 2, pp. 764, 765.

ADJOINING STATE.

Board may authorize tunnel railroad to form connections with
railroad terminals in, § 32, pp. 725-728.

ADJOURN.

Less than four members may adjourn meetings of the board of
rapid transit commissioners, § 3, p. 704.

ADVERTISING.

Railway property shall not be used for, § 34d, pp. 742, 743.

ALDERMEN, BOARD OF.

Consent not required to establishing of routes and plans, § 5, pp. 706-708.

May regulate rapid transit structures wholly or partly extending over sidewalks, § 6, pp. 709-711.

ALIGNMENT.

Board may authorize tunnel railway to straighten or improve its, § 32, pp. 725-728.

ALLOTMENT.

See "CAPITAL STOCK."

ALLOWANCE.

See "COMPENSATION."

ALTERATION OF PLANS.

Board can make no changes in plans for rapid transit railway

without consent of contractor and his sureties, § 6, pp. 709-711. After being embodied in articles of association, § 14, p. 718. For tunnel railroad, after making of contract, § 32, pp. 725-728. For terminal connections, after making contract, § 32a, pp. 728–731. For rapid transit railway, after vote of people to construct at public expense, § 34, pp. 733-735.

For rapid transit railway, shall not reduce rentals to city, § 38, pp. 745, 746.

For rapid transit railway, in condemnation proceedings, § 40, p. 749. AMEND.

Supreme court authorized to, defects in condemnation proceedings by board, § 59, p. 758.

AMENDMENTS.

By-laws of rapid transit corporation shall provide manner of making, 12, subd. 8, p. 717.

ANIMAL POWER.

Rapid transit corporation may not use, on its railways, § 24, suod. 4, p. 722.

ANNUAL MEETING.

By-laws of rapid transit corporation shall provide time and place of, of stockholders, § 12, subd. 3, p. 717.

ANNUL.

See "DISSOLUTION."

APPEAL.

From award of commissioners of appraisal:

When may be taken, § 58, pp. 757, 758.

How noticed, § 58, pp. 757, 758.

Court may direct new appraisal, § 58, pp. 757, 758.

APPEAL - Continued:

From award of commissioners of appraisal - Continued:

May go to court of appeals, § 58, pp. 757, 758.

Report of second appraisal final and conclusive, § 58, pp. 757,
758.

Shall not stay proceedings except as to the particular property,
§ 58, pp. 757, 758.

Shall be on testimony taken before commissioners, § 58, pp. 757,
758.

APPLIANCES AND DEVICES.

Board may prescribe necessary, to secure the greatest efficiency,
public convenience and dispatch on rapid transit railway, § 6
pp. 709-711.

APPRAISAL, COMMISSIONERS OF.

See "CONDEMNATION PROCEEDINGS."

APPROACHES.

To bridges, construction of elevated railroads in place of, § 38a,
pp. 746, 747.

Board may acquire necessary real estate for, § 39,

[blocks in formation]

pp. 747-749.

Of corporation to construct and operate rapid transit railway must
be acted on by board, § 11, p. 716.

Must be attested and indorsed with seal of board and signature of
its presiding officer, § 11, p. 716.

p. 716.

Must be filed in office of secretary of state, § 11, p. 716.
Duplicate must be filed in office of county clerk, § 11,
Contents of, for corporation to construct and operate rapid transit
railway, § 11, p. 716.

Board may authorize corporation to alter or add to specifications
therein, § 14, p. 718.

Directors shall not require payments on stock subscriptions con-
trary to, § 17, p. 719.

Bonds outstanding shall not exceed amount limited by, § 24, subd. 6,
p. 723.

ASSESSMENTS.

See also "TAXES."

Corporation shall be taxed on its property in city where its railways
are located, § 15, p. 719.

Railways not yet opened to traffic shall not be taxed, § 15, p. 719.
Bonds of city to build rapid transit railways shall not be subject to

city or local, § 37, pp. 744, 745.

ASSOCIATION, ARTICLES OF.
See "ARTICLES OF ASSOCIATION."

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