The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-08-28

railroad shall, from and after the passage of
this act, be constructed in, over and upon
any street, avenue, highway land or other pub
lie place in any municipality, town, township,
village or borough of this state, except upon
the consent OF the governing body of such
municipality, town. township, village or
borough, which consent shall only be grant
ed upon a petition of the corporation desiI-
ing to construct, operate Of maintain q
street railroad upon any of the streets, ave-
nues, lanes, highways or public places OF
such municipality, town. township, village
or borough filed witt the clerk thereof, nor
shall such permission be granted until public
notice of such application shall have been
given by publication in one or more news
papers published or circulating in said muni-
cipality. town. township. village or borough,
to lie designated by said governing body.
and by posting in five Of the most public
places in such municipality, town, township,
village or borough, for at least fourteen
days before the meeting of the governing
body thereof. at which said application shall
be considered, which notice shall specify the
name of the corporation presenting such Pc
tition, the date of the filing OF the same,
the character Of the road intended to
be constructed operated or maintained, the
motive power to be used thereon, and the
street or streets. OF other public places
through which the safne shalA extend; that
upon the date fixed by such notice. or upon
such subsequent date as the hearing of said
petition may be adjourned to, by the govern
ing body of such municipality, town, town
ship, village or borough may, by ordinance,
and not otherwise, grant, or by resolution
may refuse, permission to construct. main
tain or operate such street railroad as
prayed for in said petition, or in their DIS
erection may consent To the construction.
maintenance or operation of such street
railway upon part of the streets, highways
or public places designated in said petition
OF notice, and refuse permission to construct,
the remainder of silch streets or public
places, and the location thus granted by the
governing body of such municipality, town,
township, village or borough shall be deemed
and taken to be the true location OF the
tracks of said street railway, if an ac-
ceptance thereof in writing by the corpora
ton making such petition shall be filed with
the secretary of state within thirty days
artery receiving notice thereof, and a copy
thereof delivered to the clerk or other
equivalent officer Of such municipality, town,
township, village or borough. provided,
however, that such petition for the designa-
ton of route, constructions, mann
Jenance or operation of a street railway
company shall not be granted by the
governing body of any municipality, town,
township, village OF borough in this state.
until there be filed with the clerx of such
municipality, town, township. village or
borough, or other equivalent officer, the con
sent in writing of the owner or owners of at
least one-half in amount in lineal feet Ct
property fronting on such street, highway,
avenue or other public place or upon the
part of such street, highway, avenue or other
public place through which permission to
construct, operate and maintain a street rail-
way is asked, and any such consent may be
signed by an attorneyln TACT thereunto duly
authorized and by the executor or trustee or
any deceased owner or owners; provided,
however, that if any consents have been
hitherto obtained to the location of the
tracks and the construction n operation OF
any such railway in, along or upon any
street, road or highway in this state. and
nave been filed with the clerk of any NUM-
c~ipality, town, township, village or borough
wherein any application by any such rail-
way company is now pending for the neces-
sary consent and permission to locate its
tracks, and TO construct and operate its rail
way, such consents, under any application
made under this act, shall have the same
force and effect and be entitled to be con-
sidered and counted the same as IN con-
sents obtained, given and filed after the
passage of this act.
2. And be it enacted, That the provisions
of this act shall not apply to any case in
which a location has heretofore been granted,
and the work Of construction commenced, as
provided for under any existing law; and
all applications pending shall be proceeded
with in conformity with the provisions of
this act.
3. And be it enacted, That this act shall
be deemed a public act, and shall take effect
immediately.
Approved May 16, 1894.