Section 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.