and franchises acquired by The Brooklyn and Jamaica Railroad Company, The Brooklyn Central and Jamaica Railroad Company and The Brooklyn and Jamaica Railway Company in the strip of land lying in Atlantic avenue and Atlantic street, in Brooklyn, upon which the railroad tracks of the companies were then laid, except, however, certain properties which had been specifically released.

The property covered by the deed from Stevens, referee, to Richardson, was conveyed subject to an agreement or lease made between The Brooklyn and Jamaica Railroad Company and The Long Island Railroad Company, dated April, 1860, and subject to the provisions of chapter 484, laws of 1859, and also to the provisions of chapter 460, laws of 1860, authorizing the consolidation of The Brooklyn Central and The Brooklyn and Jamaica Railroad companies so far as these acts related to the closing of the Atlantic street tunnel and the relinquishment of steam power.

The property covered by the Stevens deed was subsequently conveyed by Richardson and his wife to this Company by deed dated February 28, 1874.

Maps. The Company filed in the register's office of Kings County, maps, as follows: May 19, 1874, route map; September 21, 1874, two maps showing tracks on Fulton street and Boerum place and Adam street; April 27, 1882, map of proposed railroad on Seventh avenue.

Special franchises. By chapter 703, laws of 1873, this Company was authorized to construct its railroad with double tracks:

From Atlantic avenue, southerly to Clarkson avenue or East New York avenue; through and along Washington avenue, Albany avenue, Troy avenue, Utica avenue and Buffalo avenue,

By chapter 704, laws of 1873, this Company was authorized to construct its railroad with double tracks:

Through and along Boerum street to Fulton street, across and along Fulton street to Adams street, through and along Adams street to Water street, and through and along Water street to Fulton ferry; also, with a single track through Fulton and Front streets to Adams street.

By chapter 705, laws of 1873, Joel B. Erhardt and others were authorized to construct a railroad with double or single tracks, as follows:

Commencing on Water street opposite Fulton ferry, thence through and along Water street to Adams street; through and along Adams street to Fulton street; through and along Fulton street to Boerum place; through and along Boerum place to Atlantic and Bergen streets; through and along Bergen street to Flatbush avenue; through and along Flatbush avenue from Atlantic avenue to Prospect park; from Flatbush avenue through and along Butler street to New York avenue; from Butler street through and along New York avenue and Perry avenue to Douglass street; through and along Douglass street to East New York avenue, and through and along East New York avenue and Liberty avenue to the county line; also connecting with the double track in Flatbush avenue; through and along Seventh avenue to Greenwood cemetery; also commencing on Water street opposite Fulton ferry with a single track through Fulton and Front streets to Adams street.

By a series of assignments dated June 13 and 14, 1873, and August 31, 1873, Erhardt and his associates assigned all the rights they acquired by chapter 705, laws of 1873, to William Richardson, who on March 2, 1874, assigned his rights to the Atlantic Avenue Railroad Company of Brooklyn.

The Company obtained franchises by resolution of the common council of the city of Brooklyn adopted as follows:

April 24, 1876: To lay tracks and make a stand and turnout for cars:

In 20th street, westerly from Ninth avenue, conditional upon the Company obtaining the consent of the owners of the adjoining property fronting on 20th street, before laying tracks.

April 22, 1878: The Company obtained consent to extend its tracks:

Along Fifth avenue, from Flatbush avenue to Atlantic avenue, on the condition that it obtain the property owners' consent.

December 20, 1880, the Company obtained consent to lay its railroad tracks and operate cars thereover, by horse cars only: On the southerly side of Atlantic avenue, from the westerly side of Fort Green place to the easterly side of Washington avenue.

March 13, 1882: Throughout the whole length of Seventh

avenuc.

July 2, 1883: A siding in front of lots 63, in block 10, and 56, in block 9, on Fifth avenue, west side, between Third and Fifth streets.

October 6, 1890: Permit to continue its tracks:

In Butler street, from the present terminus at the westerly side of Nostrand avenue to New York avenue,

May 18, 1891: To extend its present tracks:

In Bergen street, near Albany avenue; through and along Bergen street to Buffalo avenue.

Forfeiture of charter. A suit was instituted against the Company to forfeit its charter on the grounds: first, that it had failed for five successive days to run its trains and operate its road; and second, for exacting from its employees more than 10 hours a day of labor. A demurrer was sustained dismissing the complaint in special term of the Supreme Court, and on appeal to the general term, second judicial department, the holding of the lower court was affirmed. Later and on appeal to the Court of Appeals (125 N. Y. 513), that court affirmed the judgment of the general term, holding that the non-user, as described in the complaint, was not sufficient to incur a right of forfeiture, and that the exaction from its employees complained of was the act of the officers and agents as individuals and not of the Company acting in its corporate capacity.

Motive power. By chapter 187, laws of 1876, the Company was authorized to operate its cars upon Atlantic avenue, in the city line of Brooklyn, to Flatbush avenue, by steam power.

By resolution of the common council, the Company was authorized to change its motive power as follows:

July 6, 1874; to use the patent fireless engine as motive power for the traction or propelling of cars on Atlantic avenue, east of Flatbush avenue, during the pleasure of the mayor and the common council of the city of Brooklyn.

March 13, 1876; to the use and operation of steam and steam locomotives and cars on Atlantic avenue, between Flatbsuh avenue and the city line.

March 13, 1876; to the use of steam motors upon and through Atlantic avenue easterly from Flatbush avenue to the dividing line between the city of Brooklyn and town of New Lots.

April 10, 1876; to the use of steam and steam locomotives and cars on Atlantic avenue, between Flatbush avenue and the city line.

July 7, 1886; to the use of cable traction power on all street surface railroads now partly constructed and operated by horse power, and to be further constructed and operated between Fulton

ferry and the cemetery of the Evergreens, and to the southerly end of Ninth avenue, as follows:

From Fulton ferry through and along Fulton street to Front street; and also through and along Water street and Front street, between Fulton street and Washington street; thence from Water street through and along Washington street to Concord street; through and along Concord street, Navy street and Park avenue to Broadway; thence through, along and across Broadway to Park street and Locust street; and through and along Park street and Locust street to Beaver street; through and along Beaver street and along and across Belvidere street to Bushwick avenue; thence through, along and across Bushwick avenue to Melrose street and Jefferson street; thence through and along Melrose street and Jefferson street, crossing through and along Evergreen avenue; through and along said streets to Central avenue; and through and along Central avenue the whole length to the city line; and returning over, along and through the same route or routes, streets and avenues to the Fulton ferry. Also from Park avenue through, along and upon the route of the Prospect Park and Coney Island Railroad Company, on and through Vanderbilt avenue, the Park plaza and Ninth avenue to the 'southerly end thereof.

October 4, 1886; to the use of cable traction power between Fulton ferry and the cemetery of the Evergreens, as follows:

From Fulton ferry through and along Fulton street to Front street; and also through and along Water street and Front street between Fulton street and Washington street; thence from Water street through and along Washington street to Concord street; through and along Concord street, Navy street and Park avenue to Broadway; thence through, along and across Broadway to Park street and Locust street; and through and along Park street and Locust street to Beaver street; through and along Beaver street across Belvidere and Wall streets to Bushwick avenue; thence through, along and across Bushwick avenue to Melrose street and Jefferson street; thence through and along Melrose street and Jefferson street, crossing through and along Evergreen avenue; through and along said Melrose and Jefferson streets to Central avenue and through and along Central avenue the whole length to the city line; and returning over, along and through the same route and routes, streets and avenues to the Fulton ferry.

October 11, 1886; to the use of cable traction power, as follows: From Fulton ferry through and along Fulton street to Front street; and also through and along Water street and Front street, between Fulton street and Washington street; thence from Water street, through and along Washington street to Concord street; through and along Concord street, Navy street and Park avenue to Broadway; also commencing at Park avenue at Broadway; thence through and across and along Broadway in each direction to Park street and Locust street, and through and along Park street and Locust street, with a single track in each street, to Beaver street; through and along Beaver street and across Belvidere street to Bushwick avenue; thence through and along Bushwick avenue to Jefferson street, and through and along Jefferson street, crossing Evergreen avenue, to Central avenue, and through and along Central avenue to the city line, with a double track in each of said

streets and avenues, except on Park and Locust streets, as aforesaid; and also through and along any private property, which said company may require for the purpose.

January 11, 1892; to the use of the overhead single trolley system of electricity for the propulsion of their cars in the city of Brooklyn.

By orders adopted by the Railroad Commission, the Company was authorized to change its motive power, as follows:

March 14, 1892; to the use of the overhead single trolley electric system in Central Avenue and numerous other streets. This order had practically the same application as to streets as the common council's resolution of January 11, 1892.

April 18, 1892; to the use of the overhead electric trolley system.

on Atlantic avenue from South ferry to Boerum place; through Boerum place to Bergen street to Rochester avenue; and also on Fifth avenue from 27th street to 36th street.

March 20, 1893; to the use of the overhead electric trolley system in streets as follows:

Albany avenue, from Atlantic avenue to Clarkson avenue, Beaver street; from Park street to Bushwick avenue; Bergen street, from Rochester avenue to East New York avenue; Broadway, from Park avenue to Locust street; Buffalo avenue, from Atlantic avenue to Clarkson avenue; Bushwick avenue, from Beaver street to Jefferson street; Butler street, from Flatbush avenue to Washington avenue; Concord street, from Adams street to Navy street; Douglass street; from Perry avenue to East New York avenue; East New York avenue, from Douglass street to Liberty avenue; Evergreen avenue, from Jefferson street to Jefferson avenue; Fulton street, from Adams street to Court square and Boerum place; Jefferson street, from Bushwick avenue to Central avenue; Liberty avenue, from East New York avenue to Queens County line; Locust street, from Broadway to Beaver street; Navy street, from Concord street to Park avenue; New York avenue; from Butler street to Douglass street; Ninth avenue from Prospect Park plaza to 14th street, and from 20th street to 21st street; Park avenue, from Navy street to Broadway; Park street, from Broadway to Beaver street; Perry avenue, from Butler street to Douglass street; Prospect Park plaza, from Vanderbilt avenue to Ninth avenue; Seventh avenue, from Flatbush avenue to 23d street; Troy avenue, from Atlantic avenue to Clarkson avenue; Utica avenue, from Atlantic avenue to Clarkson avenue; Vanderbilt avenue, from Park avenue to Prospect Park plaza; Washington avenue, from Butler street to Clarkson avenue.

Stock. In the Company's first report to the state engineer, 1872, it stated that $650,000 of its capital stock had been subscribed and paid in. The Company's report to the Railroad Com