Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1904-03-24

highways 10 the aOuttlng owners OYER
said driveWays
Section 8. That said railway shall be
completed within two years from the
acceptance OF this ordinance BY said
Traction Company; provided, however,
that il said Traction Company shall be
restrained by the decree, order or writ
of any Court from the performance Of
the requirements and conditions in this
section mentioned, SO much Of the time
aforesaid, during which the said re-
straint exists. shall not be computed as
any of the time above limited; that IN
constructing said railway said Traction
Company shall interfere as little as pos
sible with the use of said streets and
highways; and that in moving snow and
ice from said tracks it shall not OBJ
struct the use Of said streets and high
ways.
Section 8. That if said Traction Com
pany shall, without iustifable cause,
after the completion Of said railway,
fail 10 run or operate its cars for the
space of thirty consecutive days, that It
shall and may be lawful for the Board
of Chosen Frt.-hOlders Of the County Of
Gloucester to order said Company 70
remove its tracks from that portion Of
said street or highway wherein it has
failed to operate its cars, and unless said
Traction Company shall thereafter re-
move the same and place said streets CT
highways in good repair and condition,
said Board of Chosen Freeholders of
the County of Gloucester then and IN
such case, shall have the right to remove
said tracks and repair said streets or
highways, and to sell the material OF
the said Traction Company removed
therefrom, and from the proceeds of such
sale pay the expenses of such removal
and sale. with all costs touching the
same, paying the surplus, If any, to said
Traction Company or its assigns, aud
in case of deficiency the said Traction
Company shall be liable for the same.
Section TO- That said tracks shall be
laid so that the surface water will run
on of said streets and highways with
out damage thereto, and that if said
tracks are not so laid and said streets
and highways are damaged by said sur
face water said Traction Company shall
at once repair said damage at its own
cost and expense; and that WHENEVER it
shall be necessary. in the opinion OF said
Board of Chosen Freeholders that drains
or culyerts shall be placed across said
streets and highways, along the line of
said railway, the same shall be con-
structed by said Traction Company IN
der and beneath said tracks, at its own
cost and expense, and of the kind and
pattern and material designated by said
Board of Chosen Freeholders; and that
Sdlu 1TdGliUn GOupdHf Sudll keep Sdiu
drains and culyertS, as well as those
which are already constructed, in repair
under its tracks. and at all times open
and free from Instruction. and when
| ever and wherever it shall be necessary
| to take up an yin,rtion of said tracks for
the purpose of aging or repairing said
! drains or culvefts the same shall be
| taken up and elaid by said Traction
| Company at its own cost and expense.
! Section H. That whenever the grade
| of the surface of the aforesaid streets
| or highways, or any part thereof,
| through which the said railway runs
! shall be lawfully changed by the said
] Board of Chosen Freeholders of the
County of Gloucester, or by the Town
/ ship Committee of the township in which
said part is situate, or by any city, town
or borough incorporated therein, it shall
| be the duty of such Traction Company
/ to immediately place and construct its
/ said tracks SO as to conform to the
/ surface of said streets and highways
as changed. IF is asgp cost sFl<s ezF es'sss:
/ the grading between the trucks and for.
| eighteen inches on each side thereof IL
be done at the expense OF the said Trae
| ton Company.
Section II. That in case the said
Township of West Deptford or the said
| Township of Greenwich. or any city,
| town or borough which may hereafter
be incorporated within either of their
limits. shall decide to construct, lay, re
| pipes, gas mains, electrical con On
lay or repair any water works, water
| sewers in any said streets or b.
| nothing IN this ordinance shall be
strued to abridge its right to dig IN
SAID streets or highways for that pur-
pose, and whenever it shall be neces-
sary for any of the purposes aforesaid to
| remove any of said railway tracks. the
same shall, upon reasonable notice, be
removed and relaid at the cost and ex-
/ pense of said Traction Company.
Section IL. That the Board of Chosen
! Freeholders of the County of Glouces
ter shall not be liable for any accident or
casualty which shall happen or occur
| az any time to any person or property be
cause or by reason of the construction.
! operation or maintenance of the rail-
/ way hereby located. through the careless
ness or negligence of any of the officers.
servants, agents or employees of said
traction Company, and said Traction
Company shall indemnify and save
harmless the said Board of Chosen Free
| holders of the County of Gloucester
| from any and all costs, loss and damage
| by reason thereof.
Section IA. That said Traction Com
| pany shall at any time, when requested
| BY resolution of the FreehOlders of the
| county or gloucester, temporarily re
move its wires and suspend the opera
ton of its cars, but only between the
hours of II o'clock p. M. and 5 o'clock
A. NJ. for the purpose of permitting the
moving of buildings across its said
| tracks, and the costs thereof shall be
| paid by said Traction Company.
Section 10. That said Traction Com
| pany shall pay the expense of advertis-
ing TINS ordinance according to law.
and that this ordinance shall not go into
effect until such payment shall have been
made, and said Traction Company shall
make and execute, over its common seal
and have signed by its President and at
! tested by its Secretary, and fled with
the Clerk of the Board of Chosen Free
! holders of the County of Gloucester
within ninety days after the final PAS
sage of this ordinance, an acceptance
OF this ordinance, and all the terms.
| provisions, restrictions and regulations
hereof, and of every one of them. and
IN default thereof it shall be understood
and held that it declines to accept the