The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1889-09-22

of street railway companies and to reg
uiate the same,N approved April sixth,
one thousand eight hundred and eighty
six
l. Be it enacted by the Senate and Gen
eral Assembly of the State of New Jersey,
That section eight of the act entitled ''An
act to provide for the incorporation of
street railwaa companies and to regulate
the same" approved April sixth, one
thousand eight hundred and eighty six,
be and the same Is hereby amended so as
TO read as follows:
s. And be it enacted, That the Board of
Aldermen, Common Council or township
committee of any municipality or town
snip, upon the petition of the directors OF
any company Incorporated under this act,
or majority thereof, for location of the
tracks of its railways therein, conforma-
bly, to the route designated in their arti-
eles of incorporation, on for an extension
OF the same, shall give notice to all parties
interested, by publication in one or more
newspapers published and circulated in
said municipality, or. if none be published
there, then by posting in five of the most
public places in such municipality or
township, at least fourteen days before
their meeting, of the time and place at
which they Will consider such application
for location; and, after hearing, they shall
p'iss an ordinance refusing such location
or extension or granting the same, or eny
portion thereof, under such lawful restric-
| tions as they may deem the interests of
the public require; and the location or ex-
tension thus granted shall be deemed and
taken to be the true location or extension
of the tracks Of the railway, if an accept
ance thereof, in writing. by said directors,
shall be filed with the Secretary of State
within thirty days after receiving notice
thereof, and a copy thereof delivered to
the clerk or other equivalent officer OF the
municipality or townships provided, thar
Of poil oh, nd
the same street or highway in which a
street railway NAV then be constructed
and operated within one thousand feet of
said railway, nor parallel thereto within
less than two blocks thereof, for dis
lance greater than two hundred feet,
without the written consent of the COM
pany then operating said railway, except
to cross the same; but it shall and may be
lawful to construct a street railway for a
distance no greater than three hundred
feet in any street or highway in which
street railway may be then constructed,
in case the portion of said street or high
way in which it is proposed to construct
q new road is within two hundred feet of
a passenger depot Of any steam railroad,
and is also u street or highway connecting
two other streets or highways, in both of
which it is proposed to construct said new
road or extension; and in such case it
shall not be necessary to obtain and file,
as hereinafter provided, the consent of the
owners Of property fronting on that poP-
ton of said street or highway in which
said street railway is already constructed
as aforesaid; provided, always, that noth-
ing herein contained shall be deemed to
authorize the construction of any street
railway upon any road lawfully built or
controlled by any turnpike, plank road or
toll road company, without the written
consent of such turnpike, plank road or
toll road company; and provided, further,
that such ordinance shall not be passed or
adopted until the company applying for q
location of route shall file with the clerk
of the Board of Aldermen, or other body
to which application Is made, the written
consent of the owners of at least one-half
of the property fronting on such portion
Of the street or highway through which
such railway is to be made which written
consent shall be acknowledged by the
subscribers thereto, as are deeds entitled
to be recorded; provided, that the consent
as aforesaid of any executor or adminis-
traitor having power to sell real estate,
shall be sufficient consent for the lands
which he has such power to sell; if the
route thus accepted be shorter than the
route designated in the certificate of in
corporation, a proportionate part of the
moneys paid to the State Treasurer upon
filing the certificate of Incorporation shall
be forthwith refunded by the treasurer to
said company; but none Of such money
shall be refunded as aforesaid for any dis
tance in length of route less than half
mile.
2. And be it enacted, That section ten
of said act be, and the same is, hereby
amended so as to read as follows;
10. And be it enacted, That if any street
railway company Incorporated under this
act shall not build and put in operation at
least one-half of its road within two years
after the passage of the ordinance estab-
fishing its route by the local authorities,
its corporate power shall thereupon cease,
and any moneys paid by it to the State
Treasurer as guarantee of good faith,
under section three of this act, shall be
forfeited to the use of the State, excepting
such parts thereof as may have been re-
funded by the treasurer for portions of
the road built; provided, that il any COM
pany Incorporated under this act shall be
restrained, by the order OF any court hav-
ing jurisdiction, from constructing its
road or extension. after the route thereof
has been duly located, then the time dur
ing which such restraint exists shall not
be computed as any portion of the time
allowed by this act for the construction
and putting into operation of said road.
8. And be 1t enacted, That all the pow
ers, rights and privileges conferred by tho
provisions of this act shall apply to and be
enjoyed rs well by any street railway COM
pany heretofore organized under the act
to which this act is supplement, as by
any company hereafter to be SO organized
hereunder.
4. And be it enacted, That all acts or
parts of acts. general or special incon-
sistent with the provisions of this act, be
and the same are hereby repealed
Approved March 81, 1889
2. And be it enacted, That this act shall
take effect Immediately,