The Sunday tatler and Jersey City express. (Jersey City, N.J.) 1883-1886, 1885-06-14
CHAPTER CHI.

A Further Supplement to an entitled "An act to
authorize the formation of railroad corpora
tions and regulate the same" approved April
second, eighteen hundred and seVenty-three.
l. Be it 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
to cross any portion of any street or highway
in any municipality, the land for which portion
has been taken for street by condemnation under
proceedings had under the charter of such mu-
nicipality, and which portion of said street or
highway has been, or at the time of the construc-
ton of said railroad shall have been laid on land
which was under tidewater 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 a level with the actual or
established grade of such street or highway, or ct
such distance above or below such actual or estab
lished grade, as in the Judgment of the municipal
body bodies hereinafter referred TO may be best
adapted to secure the safety OLIVES and property
or promote the interests of such municipality
provided, that the board of aldermen, common
council or other similar governing body in such
municipality shall, by ordinance, authorize the
construction of such railroad across the street or
highway in such municipality, and make such
provision or condition concerning the same as to
such board of aldermen, common council or other
similar governing body may seem MT desirable
and necessary; and whenever such permission
shall be given, the said board of aldermen, com
mon council, or other similar governing body
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 either tide of such part of said street
SO crossed by said railroad aforesaid or between
the next interesting line of public highway on
the one side and the end of said street nearest said
railroad; provided, that any nayigable basin or
natural water way, subject to the right of public
navigation, shall be deemed and treated as q pub
Tic highway for the purpose only Ct defining the
limit of vacation under this act; and provided,
further, that said railroad company shall pay to
such municipality the actual amount expended
By said city for all Improvements of the part of
the street SO: vacated, including the amount paid
by such municipality for the land taken by such
municipality under proceedings to condemn said
land for public street or highway, or such part
ofthe amount 30 expended as has not been other
wise repaid to said municip atty. &,
O. 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 hereby re-
pealed and this act shall take effect Immediately,
Approved April 2, 1885,