any additional burden is imposed by said railroad being constructed over the same," but the commission was required also to "take into account and offset any benefit accruing to such person or persons by reason of said railroad being constructed against any sum found as damages as aforesaid." It was enacted that the decision of a majority of the commissioners so appointed should be a final award, and the amount so determined should be paid by the railroad company, and until paid should be a lien on its property, stock and franchises, subject to enforcement "by suit in the nature of a foreclosure."

Intercorporate relations. (See also chart IV, no. 1.) By chapter 612, laws of 1870, this Company's name was changed on May 3, 1870, to the Brooklyn, Winfield and Newtown Railway Company (no. 113).

Construction. There is no record of any construction by this Company prior to the change of name.

63 Brooklyn Annex Street Railway Company

(Brooklyn)

Incorporation. Originally incorporated as The East New York, Bayside & Ozone Park Railroad Company (no. 179); name changed by an order of special term of the Supreme Court filed in the secretary of state's office, September 8, 1886, effective October 6, 1886.

Stock. In the Railroad Commission's report for 1887, it appears that $4,860 of this Company's capital stock had been paid in. Sale of road. May 25, 1896, the park department, acting for the city of Brooklyn, purchased this Company's railroad tracks on Glenmore avenue, formerly Baltic avenue, and also the rights, franchises and privileges of this Company for the sum of $2,683. At that time the park department secured control of Glenmore

avenue.

Construction. The Company's last report to the Railroad Commission for 1887, stated that one mile of its road had been built and that the cost of the road and equipment had been $22,610. The constructed part of the road presumably was on Glenmore avenue, as there is no record of any construction on any other avenue or street. The Company has probably forfeited its corporate existence.

64 Brooklyn, Bath and Coney Island Rail Road Company

(Brooklyn)

Incorporation. February 19, 1862; title 13, chapter 18, part 1st, Rev. Stat.; corporate life, 100 years; capital stock, $100,000; route (about 61/2 miles) as follows:

From a point in the Brooklyn Central Rail Road at or near the intersection of 36th street at Fifth avenue, in the city of Brooklyn, by way of the village of Bath or New Utrecht to Coney Island.

Maps. The Company filed in the register's office of Kings County, maps as follows:

October 13, 1862, a map of a portion of its route starting from the intersection of Fifth avenue and 36th street following a street or streets, including what is apparently New Utrecht avenue, through the village of New Utrecht to what appears to be a point in Bensonhurst section; April 3, 1873, a map of a portion of its route extending from 26th street to Dutch gap; May 10, 1878, an amended map and profile showing the change of route in the Eighth ward of the city of Brooklyn and signed by "C. Godfrey Gunther," sole owner.

Special franchises. By chapter 407, laws of 1862, the Company was authorized to construct and operate its railroad over the route designated in its certificate of incorporation and the map thereof to be filed "upon obtaining the consent of the common council of the city of Brooklyn or a majority of the owners of property fronting on said route in said city."

December 12, 1864, by resolution of the common council of the city of Brooklyn, the Company obtained consent to extend its railroad line, as follows:

From its existing terminus, through Fifth avenue, Third avenue, 24th street and Hamilton avenue, to the ferry.

June 26, 1865, by another resolution of the common council of the city of Brooklyn, the Company was granted consent to run its dummy engine cars from the city line to the corner of 36th street and Fifth avenue, and "thence along Fifth avenue to the corner of 26th street, provided the same be preceded by one or more horses." This grant was "subject to the pleasure of this common council."

Stock. The Company's report to the state engineer, 1862, stated that $7,850 of capital stock had been subscribed and $1,505 paid in. The next year its report stated that its entire authorized capital stock had been subscribed and $61,625 paid in.

Intercorporate relations. (See also chart IV, no. 35.) Some time in 1862, the Company entered into an agreement with The Brooklyn, Greenwood and Bath Plank Road Company, which had been incorporated, March 11, 1852, for the purpose of constructing a plank road from Franklin avenue at Bath, in the town of New Utrecht, to the junction of Fourth avenue and 36th street in the city of Brooklyn. The Plank Road Company had, by an agreement dated, April 5, 1852, secured from the supervisor and commissioners of highways of the town of New Utrecht, with the consent of more than two-thirds of the abutting owners, the right of “entering upon, taking, holding and using" the then recently laid out street, subsequently known as New Utrecht avenue "for the construction and use of a plank road." By the agreement of 1862, this Company secured from the Plank Road Company the right to construct a single track railroad on the plank road as far as the route of the railroad coincided with the route of the plank road.

By chapter 332, laws of 1866, the acts of the Bath and Coney Island Bridge Company in building its bridge were confirmed, and the Company was authorized, on the consent of the holders of two-thirds of its stock, to convey all of the Company's rights and franchises to the Brooklyn, Bath and Coney Island Rail Road Company, and this Company was authorized to accept such conveyance and to maintain and operate its road over the Bath and Coney Island Bridge Company's bridge, to its present terminus at the corner of 26th street and Fifth avenue. It was provided that upon this conveyance being made and accepted, the Bridge Company's corporate organization should cease.

May 25, 1868, by deed, this Company acquired for the sum of $180, the rights, privileges and franchises and the bridge of the Bath and Coney Island Bridge Company (no. 9), subject to existing liabilities thereon. As already noted, this transfer had been authorized by an act of the legislature two years before.

The Bath and Coney Island Bridge Company had been incorporated by chapter 338 of the laws of 1861, passed April 26, for the purpose of building, rebuilding and keeping in repair "a toll drawbridge across the creek or arm of Gravesend bay, separating Coney Island and Long Island called Coney Island

Creek." The amount of the Company's capital stock had been fixed at $5,000, and its charter was to run for a period of 50 years. The bridge was to commence" at the terminus of the West Meadow bank (so-called) of said creek, on the northwesterly side of said creek, and running thence across said creek or arm of Gravesend bay, in a direct line to such point on Coney Island" as a majority of the commissioners appointed to take subscriptions to the Company's stock should determine. The bridge was to be built of wood, with abutments of wood or stone, and was to have a roadway at least 20 feet wide, guarded on both sides by a substantial railing at least four feet high and a draw wide enough to permit boats navigating the creek to pass, and equal in capacity to the draw of the bridge across the creek constructed by the Brooklyn and Coney Island Plank Road Company.

Foreclosure. September 8, 1868, the property and franchises of the railroad company were conveyed by Henry W. Eastman, referee, to C. Godfrey Gunther, for $10,000. The road was described as

Commencing at the intersection of 26th street and Sixth avenue in the city of Brooklyn, and running thence along the Greenwood and Bath plank road, through the village of New Utrecht to a point in the plank road where the Mill road, so-called, if produced, would intersect the plank road, and thence through lands purchased of Jeremiah Lott, Brown's place, and lands purchased of William G. Gerrity, to the Mill road; thence along Mill road and over right of way obtained of Edward Benson, about 800 feet; thence by the main highway, passing Unionville, to and across lands obtained of the estate of Garrett Stryker and of Erhard Schmidt, to the West Meadow bank, so-called; thence along West Meadow bank and across Coney Island creek to the point fixed for the termination of the road at Coney Island, near the beach. This conveyance was subject to the lien of a first mortgage upon the property. In the Company's report to the state engineer, 1868, a statement is made to the effect that "the road was forclosed on a second mortgage, subject to the first mortgage, and sold to C. Godfrey Gunther, September 8, 1868." The road continued to be owned by Gunther and to be operated by him until January 22, 1879, when a certificate of reorganization was filed in the office of the secretary of state under the old name of Brooklyn, Bath and Coney Island Railroad Company " (no. 65). Construction and operation. In the Company's report to the state engineer, 1863, it was stated that four miles of its road had been

laid, but there is nothing to show in this report that the road had yet been put in operation. It appears from an accident report made to the state engineer, 1864, that the Company's road must have been in operation as early as April 22, 1864. In a report made by Gunther to the state engineer, 1876, it was stated that "the track laid by the New York, Bay Ridge and Jamaica Railroad Company was operated by this Company during the month of September and on October 1, with trains connecting at Bay Ridge, L. I. with steamer D. R. Martin to and from New York.”

65 Brooklyn, Bath and Coney Island Railroad Company (Brooklyn)

Incorporation. January 22, 1879; as a reorganization of the Brooklyn, Bath and Coney Island Rail Road Company (no. 64); chapter 446, laws of 1876, by C. Godfrey Gunther and associates; corporate life not stated; capital stock, $500,000; route as follows:

Commencing at the intersection of 26th street and Fifth avenue in the city of Brooklyn, and running thence along the Greenwood and Bath plank road, through the village of New Utrecht, to a point in the plank road where the Mill road, so-called, if produced, would intersect the plank road; thence through lands purchased of Jeremiah E. Lott, Brown's place, and lands purchased of William G. Gerrity, to the Mill road; thence along the Mill road and right of way obtained of Egbert Benson about 800 feet; thence along the main highway, passing Unionville, to and across lands obtained of the estate of Garrett Stryker and of Erhard Schmidt to the West Meadow bank (so-called); thence along West Meadow bank and across Coney Island creek to the termination of the road near the beach; including rights obtained from the Bath and Coney Island Bridge Company for the use of the bridge over Coney Island creek.

The property of the first Brooklyn, Bath and Coney Island Rail Road Company had been acquired by C. Godfrey Gunther under foreclosure of a second mortgage on September 8, 1868, and the road had been operated by him as the sole owner for 11 years, when he and his associates formed this Company as a reorganization of the original company.

Maps. The Company filed in the register's office of Kings County, maps, as follows:

February 4, 1879, a map showing extension of its route on Coney Island; February 17, 1879, map showing a change of a portion of its route; April 28, 1879, a map showing terminus on Coney Island and lands to be taken for terminal purposes; June 12, 1880, a map showing lands to be required for