use of said subways or conduits by other corporations or 6-4 individuals as is, or may be, permitted by law. 5. Nothing in this section or contained in the act hereby amended shall be construed as granting, enlarging, changing, or in any manner validating any right, privilege or franchise, or any claimed or alleged right, privilege or franchise, to maintain, operate, or possess any gas mains, pipes or conductors, or any conduits or conductors for transmission of electricity, or any sub-surface structures of any name or nature whatever, in any street, avenue, highway or public place in such city. (Laws 1891, ch. 4, § 6, as amended by L. 1894, ch. 752, § 4; L. 1895, ch. 519, § 3; L. 1896, ch. 729; § 1; L. 1902, ch. 542; L. 1906, ch. 472, § 2; L. 1909, ch. 498, § 1, and L. 1910, ch. 205, § 1.) § 7. [Repealed. Laws of 1909, chapter 498, § 2] § 8. [Repealed. Laws of 1909, chapter 498, § 2] § 9. Offices and assistants for commission; actions by commission. 1. The said commission may rent such offices and employ such engineers, attorneys and other persons, from time to time, as it may, in its discretion, deem necessary to the proper performance by it of its duties as in this act prescribed. It may sue in the name and behalf of the city for which it acts as a commission. It may in the name of and in behalf of the said city bring action of specific performance or may apply by mandamus to compel the performance within said city by any corporation or person of any duty or obligation with reference to or arising out of the construction or operation of any railroad under, or by reason of, any grant made or right acquired under this act or the acts amendatory hereof or supplementary hereto, or out of or by reason of any contract made or authorized by any board of rapid transit railroad commissioners within its city or the public service commission, or it may in behalf of and in the name of said city bring actions to recover damages for any violation of contract or duty, or for any wrong committed by any such corporation or person by reason of any non-performance or violation of duty under the provisions of this act or under any contract or stipulation made in pursuance of any provisions of this act. 9-2 2. Every action or proceeding brought by the commission, and every action or proceeding in which an injunction is had or sought against the commission or the said city, or against any corporation or person who or which shall have entered into a contract under the provisions of this act, or any act supplementary hereto, or amendatory hereof, by reason of any act or thing done, proposed or threatened under or by virtue of any provision of this act, or any act supplementary hereto, or amendatory hereof, or is sought against any corporation or person claiming or claiming to act under any grant or franchise under this act, or any act supplementary hereto, or amendatory hereof, and every action or proceeding in which the constitutionality of any part of this act, or of any act supplementary hereto, or amendatory hereof, shall or may be brought in question, shall have a preference above all causes not criminal on the calendar of every court, and may be brought on for trial or argument upon notice of eight days for any day of any term on which the court shall be in session. (Laws 1891, ch. 4, § 9, as amended, L. 1894, ch. 752, § 6; L. 1895, ch. 519, § 5, and L. 1909, ch. 498, § 4.) § 10. Appropriation for commission; audit and payment of expenditures; bonds. The board of estimate and apportionment or other board or public body on which is imposed the duty, and in which is vested the power, of making appropriations of public moneys for the purposes of the city government in any city in which it is proposed to construct such railroad or railroads shall, from time to time, on requisition duly made by the public service commission, appropriate such sum or sums of money as may be requisite and necessary to properly enable it to do and perform, or cause to be done and performed, the duties herein prescribed, and such appropriations shall be made forthwith upon presentation of a requisition from the public service commission, which shall state the purposes for which such moneys are required by the commission. In case the said board of estimate and apportionment or such other board or public body fail to appropriate such amount as the pub- 10 lic service commission deem requisite and necessary, the commission may apply to the appellate division of the supreme court, in the department in which the railroad is to be or has been constructed, on notice to the board of estimate and apportionment, or such other board or public body aforesaid, to determine what amount shall be appropriated for the purposes required by this section, and the decision of said appellate division shall be final and conclusive; and no city shall be liable for any indebtedness incurred by the commission in excess of such appropriation or appropriations. It shall be the duty of the auditor and comptroller of any such city, after such appropriations shall have been duly made, to audit and pay the proper expenditures of said commission upon vouchers therefor, to be furnished by the said commission, which payments shall be made in like manner as payments are now made by the auditor, comptroller, or other public officers, of claims against and demands upon such city; and for the purpose of providing funds with which to pay the said sums, 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 receipt of taxes, and out of the proceeds of such bonds to make the payments in this section required to be made. The amount necessary to pay the principal and interest of such bonds shall be included in the estimates of moneys necessary to be raised by taxation to carry on the business of said city, and shall be made a part of the tax levy for the year next following the year in which such appropriations are made. If the said commission shall determine that part of its expenses shall be included in determining the cost of construction of a railroad constructed under sections twenty-six, twentyseven, twenty-nine or thirty-three of this act, then and in that event the said board of estimate and apportionment or other board or public body upon the requisition of the commission duly made may appropriate such sum or sums of 10 money as may be requisite and necessary for such part of its expenses and authorize the issue of corporate stock for such purposes, and it shall thereupon become the duty of the comptroller of said city to issue and sell corporate stock of the city for such purposes. (Laws 1891, ch. 4, § 10, as amended by L. 1894, ch. 752, § 7; L. 1909, ch. 498, § 4, and L. 1912, ch. 226, § 2.) § 11. [Repealed. Laws of 1909, chapter 498, § 2] or to acquire terminal or other facilities for any such rail- 20 road or extension shall have duly instituted condemnation proceedings, under the provisions of chapter twenty-three of the code of civil procedure, by serving a petition and notice in said proceedings, to acquire such real estate or easements therein, or rights appurtenant thereto, as may be necessary to construct, maintain or operate such additional track or tracks, extension or terminal or other facilities, the court, upon due hearing had at a special term of the supreme court held in the judicial district where the property or some portion of it is situated, and upon notice in said proceedings served upon all the owners of the property at least eight days prior to said hearing, in the manner prescribed in title one of chapter twenty-three of the code of civil procedure for the service of the petition and notice, may, where it appears to its satisfaction that the public interests will be *prejudicial by delay, direct that the plaintiff be permitted to enter immediately upon the real property to be taken and devote it temporarily to the public use specified in the petition, upon depositing with the court such sum or giving an undertaking in such amount and subject to such conditions as the court may deem sufficient to secure the payment of the award that may be made, and the costs and the expenses of the proceedings and for the payment of any damages which the defendant in such proceedings may have sustained by such entry upon and use of his property; but the sum so deposited or undertaking so given shall be at least equal to twice the assessed valuation, if any, of any real estate to be so taken. The court may, at any time, upon like hearing and notice given by either party to said proceedings, give such further directions in respect to any such deposit, undertaking or condition as it may deem just and proper, and in every case the owner may conduct the proceedings to a conclusion if the plaintiff delays or neglects to prosecute the same and if the sum so deposited or security so given shall be * So in original |