§ 220 — Application for railroad; commissioners

§ 220. Application for railroad; commissioners. Upon the application\nof at least fifty reputable householders and taxpayers of any county or\ncity, verified upon oath before a justice of the supreme court, that\nthere is need in said county or city of a steam railroad in the streets,\navenues and public places thereof for the transportation of passengers,\nmails or freight, the board of supervisors of such county may, within\nthirty days thereafter by resolution, approve of the application, and\nauthorize its presentation to the supreme court, and if the railroad is\nto be built wholly within the limits of a city, upon the application of\na like number of householders and taxpayers of the city to the mayor\nthereof, such mayor may, within thirty days thereafter, indorse upon the\napplication his approval and direction that it may be presented to the\nsupreme court, and if the railroad is to be built partly within the\nlimits of a city and partly without, such application shall be approved,\nboth by the mayor of the city and the board of supervisors of the\ncounty, and its presentation to the supreme court authorized by them,\nand upon the presentation of such application so approved and authorized\nto a special term of the supreme court, held in the district where such\nrailroad is to be built, or some part thereof, the court may appoint\nfive commissioners, residents of the city if the railroad is to be built\nwholly within the city, and of the county, if it is to be built wholly\nor partly outside of the limits of a city, to determine the necessity of\nsuch railroad, the route thereof, the time within which and the\nconditions upon which it shall be constructed, the damages to the\nproperty owners along the line thereof and all the matters lawfully\nsubmitted to them, and discharge the duties imposed upon them by law.\n