Page:United States Statutes at Large Volume 37 Part 1.djvu/269
246 SIXTY ·SECOND CONGRESS. Sus. II. Ch. 270. 1912. 4 of this Act by the Congrempf the United States, and in case of failure to comply with such requirement the privileges grantedb section two of th;st%ct shall as to any streets, roads, thorouglifares, or places no en occu ,*§,’$',‘;,,,,,,,,,,,,, Provided That if iihere is ang period during which work be suspended by reason of bona ii e suits, or injunctions, instituted through no fault of the association, but causrmgg delay m the . construction or commencement of operation of said way, the time so losteslhall not be counted am part of the periods of limitation above ¤...*°¤'l.’.°i.°” °° °" Additions and extensions of the railway shall be wnstructed by the association and, when so constructed or constructed by others, i shall thereafter be anezacgented by it, whenever, after noticearidanopporhgnitytobeh yitshall bedirectedsotodo K; committee consisting of the governor the secretary, and the ` `ustiee of the Territory, the circmt ]udge of the fourth circuit, and tlie chairman of the board of supervisors of the counrltgnof Hawaii, Eng 0, muh or other omcer designated by the legislature: Provided, t the com- ¤•¤ee.••¤. minion shall not so direct unlem m its opinion the earnings of the association when operating such additions and extensions, together with its exkting railway system, will be sumcient or its reasons e expenses of maintenance and oggration, interest and sinking fnmd on its indebtedness, and dividen_ of eight xgcentum per annum onitsissuedstock; andthe commission may wiseperniit the association to cease the operation of any portion of the railway wherever in its opinion conditions so warrant or ""°"‘ (f) The tracks shall not exceed four feetlgght and one—half inches in width between the rails, and the style of to be used, the manner and detail of track foundations substriictures, and construction shall $Z°zKi'5z¤u¤,etc, be subject to the a proval of the board: Provided, however, That the wegght of such shall not be less fifty-sax pounds per yard P•**¤¢· •*¢· an that the tracks shall belmd flush with the streets, and the ixgvmg gada, and macadamizing of the entire spsace between the trac , and tween the outside rails of double trac , more than one track be laid, and for one foot outside of the outer rails, and switches, turnout, and sidings, and outside the rails wherever occupied by the track or substructure, shall correspond and be maintained at all times with the grade and character of paving, or macadam of the remaining portion of the street, except as otherwise directed by the board: Prou¤¤v¤¤¤- vkled, however That when the tracks shall be laid parallel to but not upon any euriaced roadway, the above provision relating to paving ”¤•*”·°‘°· and macad ’ shall not apply. The board may in writing require any work to be done or repairs made to conform to the reguire— ments o this section, and the same shall be made by the association within a reasonable time from the receipt of such order. Upon the failure of the association to perform such work within a reasonable lpsriod of time the receipt in writing of such requirement, the ard may in its discretion proceed with said work or repairs, and the cost of the same shall be charged against the association and shall constitute a lien on the profits and assets of the assoc1ation. °""'°""' (g) Wheneyer it shall be necemary to cross the tracks of any other Eilway or railroad, the association may construct and lay down, at err own expense, roper cross an intersec tracks aid m a substantial W0lPk!Il.&Il.l.l.k9 maugner and accorlipg to the best engineering practice, removing the rails so crossed fonllliat purpose; but such removal and construction shall be so done as to interfere as little aémpossilge with the at such otherf railway or railroad; and r suc crossmgs are 8.1 e expense o maintenance thereof shall be borne equally with the owners of said track.