§ 220. Application for railroad; commissioners. Upon the application
of at least fifty reputable householders and taxpayers of any county or
city, verified upon oath before a justice of the supreme court, that
there is need in said county or city of a steam railroad in the streets,
avenues and public places thereof for the transportation of passengers,
mails or freight, the board of supervisors of such county may, within
thirty days thereafter by resolution, approve of the application, and
authorize its presentation to the supreme court, and if the railroad is
to be built wholly within the limits of a city, upon the application of
a like number of householders and taxpayers of the city to the mayor
thereof, such mayor may, within thirty days thereafter, indorse upon the
application his approval and direction that it may be presented to the
supreme court, and if the railroad is to be built partly within the
limits of a city and partly without, such application shall be approved,
both by the mayor of the city and the board of supervisors of the
county, and its presentation to the supreme court authorized by them,
and upon the presentation of such application so approved and authorized
to a special term of the supreme court, held in the district where such
railroad is to be built, or some part thereof, the court may appoint
five commissioners, residents of the city if the railroad is to be built
wholly within the city, and of the county, if it is to be built wholly
or partly outside of the limits of a city, to determine the necessity of
such railroad, the route thereof, the time within which and the
conditions upon which it shall be constructed, the damages to the
property owners along the line thereof and all the matters lawfully
submitted to them, and discharge the duties imposed upon them by law.