Bridgeton pioneer., 1885-06-18


A Further Supplement to an act entitled "A An act
to authorize the formation of railroad corpora
tionS and regulate the same,' approved April
second eighteen hundred and Seventy-three.
1. Be 1t enacted by the Senate and General
Assembly of the State of New Jersey, That in
addition to the powers granted under the act to
which this is supplement, any railroad company
incorporated under the act to which this is sup
plement and any supplements or amendments
thereto shall have power to construct its railroad
so as to cross any portion OF any street or highway
in any municipality the land for which portion
las been taken fora street by condemnation I'M
der proceedings had under the charter of such
municipality, and which portion of said street Or
highway has been, or at the time of the conStruc-
tion of said railroad shall have been laid on land
which was under tide-Water in the year eighteen
hundred and siXty-four, when the first riparian
act was passed; the right to cross such street or
highway to be either on level with the actual or
established grade of such street or highway, or at
such distance above or below such actual or es-
tablished grade, as in the Judgment of the NUM-
cipal body or bodies hereinafter referred to may
be best adapted to secure the safety of lives and
property, or promote the interests of such NUM-
cipality; provided, that the board of aldermen,
common council, or other similar governing body
in such municipality shall, by ordinance. author
iZe the construction OF such railroad across the
street or highway i'll such municipality, and make
such provision or condition concerning the same
as to such board of aldermen, common council OF
other similar governing body may seem fit, deSir.
able and necessary; and whenever such permis.
sion shall be given, the said board of aldermen.
common council, or other similar governing BODY
shall have power, by like ordinance, to vacate the
portion of such street or highway crossed by said
railroad as aforesaid and such additional portion
OF such street or highway adjacent thereto as may
lie between the next intersecting lines of public
highways on either side of such part of said street
so crossed by said railroad as aforesaid, or be.
tween the next mtersecting line of a public high.
way on the one side and the end of said street
nearest said railroad provided, that any nayi.
gable basin or natural waterway, subject to the
right of public navigation shall be deemed and
treated as a public highway for the purpose only
of defining the limit of vacation under this act;
and provided, further, that said railroad com.
pany shall pay to such municipality the actual
amount expended by said city for all improve
ments of the part of the street so vacated. i'll
Guiding the amount paid by such municipality
for the land taken by such municipality under
proceedings to condemn said land for a public
street or highway, or such part of the amount so
expended as has not been otherwise repaid to
said municipality
Q. And be it enacted, That all acts and parts of
acts, whether general or local or special incon-
sistent herewith, be, and the same are herebyr re-
pealed and this act shall take effect Immediately.
Approved April 2, 1885.