street, avenue, highway or bridge approach in the city of New York, under the provisions or authority of this act, for such distance as may be reasonably necessary in order to connect underground lines with bridges, viaducts or surface lines.

Thus amended by chap. 564, Laws of 1904. The number of this section was changed from 35 to 65 by chap. 752, Laws of 1894.

Repeal.

§ 66. All acts and parts of acts local or general inconsistent with this act are hereby repealed.

The number of this section was changed from 36 to 66 by chap. 752, Laws of 1894.

§ 67. This act shall take effect immediately.

The number of this section was changed from 37 to 67 by chap. 752, Laws of 1894.

Concurrent vote of rapid transit commissioners.

§ 10. Whenever it is expressly provided in the act hereby amended that any act of the board of rapid transit railroad commissioners shall be done by the concurrent vote of four of the members of said board, the act hereby amended is further amended so as to provide in such cases that such vote shall be that of six of such members.

Chap. 752, Laws of 1894.

Termination of commission heretofore appointed.

§ 11. The commissioners of rapid transit heretofore appointed under the act hereby amended, or who became such commissioners by its terms, upon the organization of the board which shall succeed them pursuant to said act as hereby amended, shall cease to be such commissioners and shall transfer and deliver to the board of rapid transit railroad commissioners, provided for by the act hereby amended, as so amended, all furniture, books, maps, records, plans and other papers and property of what kind soever appertaining or belonging to or in the custody of the board of which they were commissioners, or in their possession, or under their control as such commissioners, or held by them, or for which they are responsible in their

official capacity. The expenses incurred by said commissioners for which an appropriation or appropriations shall have been made pursuant to section ten of the act hereby amended, shall be paid upon vouchers to be furnished by said commissioners and otherwise, as provided in said section. Said commissioners shall also be entitled to receive a reasonable compensation for the services which have been rendered by them, which may have been, or which shall be, determined on their application in the manner provided for in said section. The comptroller, or other chief financial officer of said city, is hereby authorized and directed to issue and sell revenue bonds of such city in anticipation of the receipt of taxes, and out of the proceeds of such bonds to pay said compensation so ascertained and determined, and the amount necessary to pay the principal and interest of said bonds shall be included in the tax levy of said city for the year next following the issue and sale of the same.

Chap. 752. Laws of 1894.

Submission of question of construction of road by city to electors.

§ 12. The said board of rapid transit railway commissioners shall cause the question, whether such railway or railways shall be constructed by the city and at the public expense, to be submitted to the vote of the qualified electors of the city within which such railway or railways is or are to be constructed, and to that end it shall be the duty of the said board, after completion of the detailed plans and specifications, as required by the act hereby amended, at least thirty days prior to the next general election, to file with the public officer or officers within the county in which such city is located, who may be charged with the duty of printing the ballots to be used at such election, a request that separate ballots be printed and supplied to such electors, one-half in number of which shall read: "For municipal construction of rapid transit road," and the other half in number of said ballots shall read, "Against municipal construction of rapid transit road." Upon such request being so filed, such ballots shall be printed and supplied to such electors at such general election, and separate ballot boxes shall be provided for the

reception of the same in each election district within such city, and the provisions of chapter six hundred and eighty of the laws of eighteen hundred and ninety-two, entitled "An act in relation to the elections constituting chapter six of the general laws," and any act or acts amendatory thereof or supplemental thereto shall apply thereto as far as the nature of the case may allow. No ballot which may be provided under this section shall be deemed invalid by reason of any error in dimensions, style of printing, or other formal defect, or through having been deposited in the wrong ballot box, but all of such ballots shall be canvassed and returned as if such formal defect had not existed, or as if they had been deposited in the box provided for the purpose. Upon the canvass of such votes by the board of county canvassers of the county in which such city is located, it shall be the duty of said board to file with the county clerk of said county a statement which shall declare the total number of votes cast in said city" for municipal construction of rapid transit road," and the total number so cast therein "against municipal construction of rapid transit road." And the said railway, or railways shall be constructed by the said city and at the public expense, if it shall be found from such statements so filed that there is a majority of the votes so cast in favor of such municipal construction.

Chap. 752. Laws of 1894.

Duty of board in case of municipal construction.

§ 13. In case the majority of votes cast at such election shall be in favor of such municipal construction of said railway or railways, it shall be the duty of said board of rapid transit railway commissioners within thirty days after the official declara tion of the said vote to proceed to construct the said railway or railways, and to make and let all contracts required for the performance of the work necessary to be done and performed in and about the construction thereof. All such contracts must, before execution, be approved as to form by the counsel to the corporation, or other chief legal adviser for said city. Chap. 752, Laws of 1894.

Act when to take effect.

§ 14. This act shall take effect immediately; except that the building of said road, or the sale of the franchises as provided for in sections seven and thirty-four of the act hereby amended, as so amended, is postponed until, and made dependent upon, the determination of that question by the vote of the people as called for by sections twelve and thirteen of this act.

Chap. 752, Laws of 1894.

See provisions of Greater New York Charter, ante.

Interstate Commerce Act and Kindred Acts, as Amended to September 30, 1905.

CONTENTS.

(Showing Citations.)

An act to regulate commerce, approved February 4, 1887, and in effect April 5, 1887 (24 Statutes at Large, 379; 1 Supp. to Rev. Stat. U. S., 529), as amended by an act approved March 2, 1889 (25 Statutes at Large, 855; 1 Supp. to Rev. Stat. U. S., 684), and by an act approved February 10, 1891 (26 Statutes at Large, 743; 1 Supp. to Rev. Stat. U. S., 891), and by an act approved February 8, 1895 (28 Statutes at Large, 643; 2 Supp. to Rev. Stat. U. S., 369).

An act in relation to testimony before the Interstate Commerce Commission, and in cases or proceedings under or connected with an act entitled an act to regulate commerce, and amendments thereto, approved February 11, 1893 (27 Statutes at Large, 443; 2 Supp. to Rev. Stat. U. S., 80).

An act to further regulate commerce with foreign nations and among the States, approved February 19, 1903 (32 Statutes at Large).

An act to expedite the hearing and determination of suits in equity pending or hereafter brought under the act of July 2, 1890, entitled an act to protect trade and commerce against unlawful restraints and monopolies, an act to regulate commerce, or any other acts having a like purpose that may be ⚫ hereafter enacted, approved February 11, 1903 (32 Statutes at Large). An act supplementary to the act of July 1, 1862, entitled an act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes, and also of the act of July 2, 1864, and other acts amendatory of said first-named act, approved August 7, 1888 (25 Statutes at Large, 382; 1 Supp. to Rev. Stat. U. S. 602).

An act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with driving-wheel brakes, and for other purposes, approved March 2, 1893 (27 Statutes at Large, 531; 2 Supp. to Rev. Stat. U. S., 102), as amended by an act approved April 1, 1896 (29 Statutes at Large, 85; 2 Supp. to Rev. Stat. U. S., 455).

An act to amend an act entitled an act to promote the safety of employees and travelers, and so forth, approved March 2, 1893, and amended April 1, 1896, approved March 2, 1903 (32 Statutes at Large).

An act requiring common carriers engaged in interstate commerce to make full reports of all accidents to the Interstate Commerce Commission, approved March 3, 1901 (31 Statutes at Large, 1446).