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quired, under the provisions of this act, to place and operate any of the conductors underground shall be by the comptroller assessed ratably according to the number of miles of such wires, which the comptroller shall certify to be operated by them rospectively; and the said commissioners shall furnish the comptroller with a list of such companies. Whenever any such company shall neglect or refuse to furnish such data within twenty days after being so requested by the comptroller, the comptroller is hereby authorized to determine from the best information he shall be able to obtain, and to certify the number of miles of wire so operated. (As amended by L. 1886, ch. 503.)
§ 9. Maps, etc., to be filed.—All maps, books and papers of said board of commissioners relative to electrical conductors in any such city shall, at the expiration of the term of office of such commissioners, be filed in the office of the mayor of such city and shall be there kept at all times accessible to the public.
§ 11. Compelling payment of assessments. Whenever any company shall neglect or refuse to pay the assessment made upon such company pursuant to the provisions of this act, within thirty days after being notified by the comptroller of the amount thereof, it shall be lawful for the comptroller to issue his warrant or warrants under his hand and seal of office, directed to the sheriff of any county in this state, commanding him to levy upon and sell the goods and chattels, lands and tenements of the said company found within the said county for the payment of the amount of said assessment together with interest thereon and costs of executing such warrant, and to return the said warrant to the comptroller, and pay to the state treasurer the money which shall be collected by virtue thereof, by a certain time therein to be specified, not less than sixty days from the date of such warrant. Such warrant shall be a lien upon, and shall bind the personal estate of the company against which it shall be issued from the time an actual levy shall be made by virtue thereof, and the sheriff to whom such warrant shall be directed, shall proceed upon the same in all respects with the like effect and in the same manner as prescribed by law in respect to executions issued against property upon judgments rendered by a court of record, and shall be entitled to the same fees and costs for his services in executing the same, to be collected in the same manner. (As amended by L. 1886, ch, 503.)
$ 12. Continuance of term of commissioners.— In cities having a population, according to the last census, of more than five hundred thousand and less than one million, the terms of office of the commissioners holding the same November first, eighteen hundred and eighty-seven, shall continue until November first, eighteen hundred and eighty-nine, unless their functions shall have been sooner performed.
LAWS 1887, CHAPTER 716. AN ACT in relation to electrial conductors in the city of New
York. § 1. Board of electrical control. — From and after the passage of this act and until the first day of November, eighteen hundred and ninety-one, the board of commissioners of electrical subways in and for the city and county of New York, heretofore appointed under authority of the act chapter four hundred and ninety-nine of the laws of eighteen hundred and eighty-five, together with the mayor of said city, for the time being, are hereby constituted the board of electrical control in and for the city of New York. Each of the said commissioners (except the said mayor) and each of his said successors in office, is and shall be removable for cause, but only upon notice and after an opportunity to be heard by the governor of this state, who shall have power to fill any and all vacancies, however caused, in the office of either of the commissioners herein before named (except the mayor). The salary of each of the said commissioners (except the mayor), and of their successors, or either of them, shall be five thousand dollars per annum, payable as provided by the said act as amended by the act chapter five hundred and three of the laws of eighteen hundred and eighty-six, passed May twenty-nine, eighteen hundred and eighty-six. All the powers and duties conferred or imposed by the said act chapter four hundred and ninety-nine of the laws of eighteen hundred and eighty-five, upon the commissioners appointed thereunder in and for the city of New York, and all the powers and duties heretofore by any law conferred or imposed upon the local authorities of said city, or any of them, in respect to or affecting the placing, erecting, construction, suspension, maintenance, use, regulation or control of electrical conductors or conduits or subways for electrical conductors in said city are
hereby transferred to and conferred and imposed upon, and shall hereafter be exclusively exercised and performed by the said board of electrical control, constituted as provided in this act, and its successors as hereinafter provided. (As amended by L. 1890, ch. 550.)
§ 2. Books and papers. The board of commissioners of electrical subways in and for the city of New York, appointed under authority of the act chapter four hundred and ninety-nine of the laws of eighteen hundred and eighty-five, are hereby required and directed to turn over and deliver to the said board hereinbefore constituted, within ten days after the passage of this act, all maps, plans, models, books and papers relating to the construction and location of electrical conductors, conduits or subways filed with or communicated to said commissioners and all of their official papers of any kind.
§ 3. Removal of wires, etc.— Whenever, in the opinion of the board hereinbefore constituted, in any street or locality of said city a sufficient construction of conduits or subways underground shall be made ready under the provisions of this act, reference being had to the general direction and vicinity of the electrical conductors then in use overhead, the said board shall notify the owners or operators of the electrical conductors above ground in such street or locality to make such electrical connections in said street or through other streets, localities or parts of the city with such underground conduits or subways so specified as shall be determined by the said board, and to remove poles, wires or other electrical conductors above ground and their supporting fixtures or other devices from said street and locality within ninety days after notice to such effect shall be given. This provision is made a police regulation in and for the city of New York, and in case the several owners or operators of such wires and the owners of such poles, fixtures or devices, shall not cause them to be removed from such street or locality as required by such notice, it shall be the duty of the commissioner of public works of said city to cause the same to be removed forth with by the bureau of incumbrances upon the written order of the mayor of said city to that effect.
§ 4. Placing wires, etc., underground.— It shall be unlawful after the passage of this act for any corporation or individual, to take up the pavements of the streets of said city, or to excavate in any of said streets for the purpose of laying underground
any electrical conductors unless a permit, in writing therefor, shall have been first obtained from the said board, or its predecessor, and except with such permission, no electrical conductors, poles or cther figures or devices therefor, nor any wires, shall hereafter be continued, constructed, erected or maintained or strung above ground in any part of said city. The said board of electrical control may establish, and from time to time may alter, add to or amend all proper and necessary rules, regulations and provisions for the manner of use and management of the electrical couductors, and of the conduits or subways therefor constructed or contemplated under the provisions of this act, or of any act herein mentioned.
$ 5. Duties of board; when to vest in sinking fund commissioncrs.-- From and after the first day of November, eighteen hundred and ninety, all rights, powers and duties vested or existing in the said board of electrical control by this act created, or in the board of commissioners of electrical subways, heretofore existing in said city, shall vest in and shall thereafter be held and exercised by the commissioners of the sinking fund in the city of New York.
$ 6. Igreements with certain corporations confirmed.— The agreement made by and between the commissioners of electrical subways for the city of New York and the consolidated telegraph and clectrical subway company (a corporation duly organized and existing under the laws of this state) under date of July twenty-seventh, eighteen hundred and eighty-six, when and as amended and modified by a second and further contract or agreement between the said parties, dated the seventh day of April, cig! hundred eighty-seven, is hereby ratified and confirmed, subject, however, to all the provisions of this act. But if at any time or for any reason the said agreement so amended shall be or become inoperative or ineffectual for the accomplishment of its just purpose and the purposes of this act, or if the said company shall be unable, or after reasonable notice and opportunity given by the said board or its successors, it shall fail or decline to comply with or carry into effect the said agreement in all its terms, then in such event the said board or its successors may, with the approval of the mayor and the counsel to the corporation of the city of New York, make such new, further or different contracts with the same or other parties as may be reasonable or necessary to carry into effect the provisions and intent of this act.
§ 7. Power of certain judges to enforce acts or agreements.In case, and whenever it shall be made to appear to the satisfaction of any of the justices of the supreme court, or any judge of the court of the common pleas in and for the city and county of New York, or any judge of the superior court of the city of New York, or to the satisfaction of either of said courts, that the said board constituted by this act or its successors, or any officer or agent of said board' or its successors, or the said The Consolidated Telegraph and Electrical Subway Company or any corporation or persons claiming under the said board or its successors, or under the said company, shall have violated or shall have failed to observe and fully perform or to carry into full effect all or any of the provisions of this act or of either of the acts hereinbefore mentioned or of the said agreement, or shall have failed to furnish just and equal facilities under this act or the said agreement, to any and all corporations lawfully competent to manufacture, use or supply electricity, or to operate electrical conductors in any street, avenue or highway in the city of New York, applying for such facilities upon terms that to the court shall appear just and reasonable, then and in every such case said judge or justice or court may, by proper proceedings in the nature of a writ of mandamus or by mandamus, enforce the provisions of this act or of the acts before mentioned, or of the said agreement or of any agreement made under the said acts, or compel the granting of such facilities, or may grant such relief as may be proper in the premises. And the said board or its successors, or the mayor, aldermen and commonalty of the city of New York, or any person, company or corporation aggrieved by any such violation or failure as aforesaid, shall be entitled to institute and maintain such proceedings as are by this section authorized.
§ 8. Purchase of subways for city, authorized after January one, eighteen hundred and ninety-seven.— At any time after the first day of January, eighteen hundred and ninety-seven, if the commissioners of the sinking fund in said city may deern it advisable so to do, they may purchase the subways then constructed by said company, and the contracts and other property held or owned by said company, for any of the purpose* of its incorporation, such purchase to be for and in the name of the mayor, aldermen and commonalty of the city of New York, at such price not to exceed the actual cost of the property so purchased, with ten per cent. added to such cost, as may be or
So in original.