The Sunday tatler and Jersey City express. (Jersey City, N.J.) 1883-1886, 1886-07-25
CHAPTER xcv1I.

An Act to enable street car or horse railroad COM
panies to provide better accommodation to the
public by using what is now known as the
cable system for motive power on elevated
roads.
l. Be it enacted by The Senate and General As
sembly of the State of New jersey, That any and
every street car or horse railroad or railway COM
pany, or railway or railroad company now Operat-
ing street railroad by horse power, incorporated
under the laws of this state in order to afford more
rapid, safe and comfortable means of transporting
passengers than is possible on surface road, be
and the same hereby is and are authorized and
empowered to construct, maintain and operate,
within the limits of the territory in which such
company or companies is and are authorized by
law to construct maintain and operate surface
roads, one more elevated railroads, with neces-
sary stations and stairways, over the streets or
highways in such city or cities, town or towns,
township or townships; provided, that the cars
on such elevated road or roads shall be propelled
by means of wire rope or cable to be put and
kept in motion by stationary steam power. located
sary for the purpose beyond the Limits of any street
or public highway, and not by locomotive steam
engines; and provided further, that such elevated
roads shall be constructed in such manner, in
regard to the position of supporting posts pill
lars, and in regard to elevation above the street
or highway over which they are to be constructed,
water pipe or any other public work. nor with ordi
nary public travel thereon, exceptto such extent
as may be unavoidable in carrying out the provi-
sions Of this act and provided. further, that nc
street or highway unless the consent In writing
of the owners of at least one-half of the property
fronting on such street or highway be first had
and obtained, and unless all damage, If any, done
to property fronting on such street. the owner OF
owners of which have not given their consent
be first ascertained and paid in the manner here
inbefore provided; and provided, also, that the
consent Of the municipal authorities of the city,
town or township in which such road is proposed
to be built be first had and obtained.
~.
or companies, or their agents. cannot agree with
the owner or owners thereof for the USE grant OF
purchase of any land or materials or easement OF
easements or the right to pass along the street in
front of any property which may be required fol
the purpose of executing this act, or when, by
reason of the absence or legal incapacity Of such
owner or owners, no such agreement can be made
particular description of the land, materials OF
easements or right of passage so required for the
use of such company or companies in the con.
struction maintenance and operation of said
road or roads, and the necessary appurtenances
thereto, shall be given in writing, under the oath
or affirmation of some engineer or proper agent
OF the company or companies, and also the name
or names of the occupant or occupants, if any
there be, and the owner or owners, if known, and
their residence, il the same can be ascertaned to
one of the justices of the supreme court of this
state, who shall cause the said company making
such application to give notice thereof to the per
son or persons interested, if known and in this
state, or if unknown or out of this state to make
publication thereof as he shall direct, for any
term not less than five days, and to assign and
designate particular time and place for the ap-
pointment of the commissioners hereinafter pro-
vided for at which time and place, upon satisfac-
tory evidence to him of the service or publication
of the notice aforesaid, he shall appoint under
his hand and seal, three disinterested, impartial
and judicious freeholders residents in the county
in which the lands, materials or easements in
controversy ie commissioners to examine and
appraiSe the lands, materials or easements, or
right OF passage and to assess the damages, upon
such notice to be given to the persons interested
as shall be directed by the justice making such
appointment, to be expressed therein, not less
than five days; and it shall be the duty of said
commissioners [having first taken and subscribed
an oath or affirmation before some person duly
authorized to administer an oath, faithfully and
impartially to examine the matter in question and
to make true report according to the best of their
skill and understanding to meet at the time and
place appointed, and to proceed to view and ex-
anime the said land and materials or easements,
and to make Just and equitable estimate or ap-
sessment of damages to be paid by the company
for such lands, materials or easements or right OF
passage, and damages aforesaid, which report
shall be made in writing under the hands and
seals of said commissioners, or any two Of them,
and filed within ten days thereafter together with
the aforesaid description of the lands, materials
or easements, and the appointment and oaths or
afimati0ns in the clerks or registers Office of the
county in which the lands materials or easements
are situate, to remain of record therein; and
thereupon and on payment or tender of payment
of the amount awarded as hereinafter provided
the said company Is hereby empowered to enter
upon and take possession of the said lands
materials or easements, or right OF passage, for
the purposes aforesaid, and the said report, or q
copy thereof certified by the clerk Of said county,
and proof Of payment or tender of the amount
awarded, shall at all times be considered as
plenary evidence of the right of any such COM
pany to have hold, use, occupy, possess and enjoy
the said lands, materials easements or right of
passage; and the said justice of the supreme
court shall, upon application of either party and
on reasonable notice TO the others, tax and allow
such costs fees and expenses to the justice Of the
persons performing any Of the duties prescribed
in this section as he shall think equitable and
right, which shall be paid by the company: pro
Tided, always. that should any such COMPANY of