The West Jersey Railroad Company may construct a railroad track or siding
at grade across Griffith Street, in the City of Salem, at or about the distance
of 15 feet west of the dwelling belonging to the estate of Samuel Acton, deceased,
known as the "Arcade," and into the yard known as the "foundry owned by C.A.
Blassug," subject to the conditions and stipulations herein contained.
Said crossing shall be at the grade of said Griffith Street, and said
crossing shall be so arranged by the West Jersey Railroad Company by the use
of planks, broken stones, paving stones or a combination of them, at the company's
option as to form such a condition of the railroad bed and approaches as will
adapt it for easy passage of carriages or as a footway and shall be so maintained
in good condition at all times by the West Jersey Railroad Company, also the
bricks shall be placed under the bed wherever any obstruction to the natural
surface drainage may be hindered.
No engine, locomotive, car or train of cars shall be run over said crossing
at a higher rate of speed than four miles per hour; the engine bell shall
be rung continuously during the whole time that the locomotive, engine, car
or train of cars shall be crossing said street, and no locomotive, engine,
car or cars shall at any time be allowed to remain on said crossing for more
than three minutes at a time; no cars shall be drilled across said street
except as may be necessary to make up the freight cars receiving or discharging
freight on said freight track into trains; a flagman shall precede each train
at least 50 feet and remain in the street, showing a flag by day and a light
by night, until the train is across the street; the grant of license by this
ordinance shall not be deemed to impair the right or power of the city to
grant other licenses to any other railroad company to cross any tracks hereby
permitted to be laid, at grade or otherwise, as the Mayor or the Council may
at any future time determine; failure to comply with or breach of any of the
provisions of this section will subject this railroad company for each offense
to a fine of $25, to be recovered by said city in an action of debt or any
court of competent jurisdiction, which action shall be brought in the name
of the Treasurer of the City of Salem.
West Jersey Railroad Company shall have authority to make such excavations
in said street and such other temporary interruptions of travel as may be
deemed necessary in order to construct said crossing; and this ordinance shall
take effect in 20 days after the adoption thereof and as soon thereafter as
said company shall sign an agreement binding itself to comply with the conditions
contained therein, and shall be at option of said city to terminate and become
void whenever said company shall fail, for the space of 30 days after the
ordinance shall go into operation, to perform and comply with the conditions
contained in said agreement, provided that 30 days' notice be given by
said city to said company of its intention to insist on such forfeitures and
specifying in what respect said conditions have been violated, whereupon,
at the expiration of said 30 days' notice, if any such specified condition
remains unperformed, the ordinance shall immediately become void and all rights
of said company shall become nonexistent.
Nothing herein contained shall be deemed or taken to waive the right
of this Council to require the removal of said tracks from said street, should
such a course at any future time be deemed necessary.
