The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-05-23
CHAPTER CHI.

n supplement- 70 an act entitled "An act
to authorize the formation of railroad
CORPORATIONS and regulate the same"
approved April second, one thousand
eight hundred and seveuty-three.
l. Be it enacted by the State aud Gen
eral Assembly Of the State OF New Jer-
sey, That the fourteenth section Of the
act to which this act IS a supplement, as
the said fourteenth section is amended
by the supplement thereto approved
/ April twenty eighth, one Thousand eight
hundred aud eighty-seven, be and the
same is hereby amended SO as to read as
follows
IA. And be It enacted, That it shall be
the duty of any company Incorporated
under this act or an company owning,
leasing or controlling any right of way
for a railroad within this state, which
has been graded IN whole or IN part, but
upon which right Of way the track or
tracks have not been completely laid, to
construct and keep in repair good and
sufficient bridges aud passage over. IN
der and across the said railroad or right
OF way where a1y public or other road,
street or avenue, now or hereafter laid
hall cross the same, so tina public travel
on the said road shall not be impeded
thereby; and it Il further provided, that
such bridges q passages shall be Of
such width aud character as shall be
suitable to the locality in which the same
are situated, and also where the said
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any individual. to provide and keep in re-
PAIR suitable and convenient wagon
ways over. under and across the said rail-
road, and shall also construct and main
tain suitable and proper cattle guards at
all road crossings; provided. always, that
In case any such railroad shall cross any
streets or highways in any city it shall be
either above or below the grade thereof,
at such distance as shall not interfere
with the free and uninterrupted use Of
such streets or highways; provided, fur
ther. that the common council OF any
city may grant permission to said COM
anv to cross sucn streets or highways at
grade il they shall deem IL to be the best
interest of said city; aud further provided,
that in the event that such company
shall not. within a reasonable time,
after notification from the common
council of the city or committee of
the township In which such bridges and
passages are to be so constructed or re-
paired, proceed to construct or repair the
same as required oY this art, the said
common council or committee may, in the
name OF such city or township, institute
proceedings in tine court of cnancery
against such company to compel the
specific performances OF the duties imposed
upon such company by this section of this
act, and in case a decree shall be made
against such company in said proceedings,
commanding it TO specifically perform
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therein fixed, and such company shall
neglect or refuse to specifically perform
such duties within said period of time,
the chancellor, upon proofo of such neglect
or refusal, may in his discretion issue the
state writ of Injunction to restrain said
company from the exercise of any fran
chise or the transaction of any business in
this state until said company sinai have
obeyed the command of said decree, and
shall have paid the costs Of SAID
proceedings. Including 9 reasonable al
1 lowauce to the counsel for such city or
township. to be fixed by the chancellor;
and further provided, that said council or
committee, in the event of the failure OF
such company TO construct or repair such
bridges or passages within q reasonable
time after notification as aforesaid, may,
il they shall deem it advisable so to do,
proceed themselves 20 construct or repair
such bridges or passages, aud when the
cost thereof shall nave been ascertained
the same nay be collected OF aud from
said company by said common council or
township committee by an action at
| law in any court OF competent iurisdic-
tion; provided, further, that the permits
sion of the common councii Of any city
hereinbef0re referred to shall not BE- nee
esSary for the purpose or crossing any
street or highway at grade, unless said
street or highway at the point where said
railroad shall cross or at some point be-
tween the crossing of salt railroad and
the nearest terminus of said street or
highway shall be in actual use by and for
pedestrians and teams at the time Of the
requirement Of the right of way Of said
railroad across such street or highway.
2. And be it enacted, That all acts or
parts Of acts Inconsistent with the pro-
visions of this act be and the same are
hereby appealed.
8. And be it enacted, That this act shall
take effect Immediately.
Approved March II. 1891.