Page:United States Statutes at Large Volume 29.djvu/295

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FIFTY-FOURTH CONGRESS. SnSS. I. Ch. 372. 1896. 265 ninety-nine. Said railway to be constructed of good material, with M¤¤>¤¤l· <·=*¤· grooved rails of approved pattern, and in a neat and Substantial manner, subject to the supervision and approval of the Commissioners of the District of Columbia; the standard gauge to be used and the surfaces G¤¤z¤. Mcof the tracks to conform to the grades of the streets established by the Commissioners of the District of Columbia, and where the tracks lie within the streets of the District of Columbia the same to be paved between the rails and two feet outside thereof with such material and in such manner as shall be approved by the said Commissioners, and kept in repair by the said railway company. _ Sec. 5. That said railway shall be constructed in a substantial and C°“°*"‘°*‘°“· durable manner. The plans of construction, rails, electrical and mechanical appliances, conduits and stations, and location of stations and tracks, shall be subject to the approval of the Commissioners of the District of Columbia. The said company having first obtained the written permission of the District Commissioners therefor, may make all necessary trenches and excavations and place therein the machinery and devices necessary to the operation of said railway. When said trenches and excavations are open they shall be thoroughly protected to prevent accident, and shall be closed within a reasonable time and the disturbed pavement relaid, all to the satisfaction of said Commissioners. The said company shall, at its own expense, in a good and 0tQ**•¤8°¤*° P*P°¤· substantial manner, make all changes to pipes, conduits, and other ` underground constructions rendered necessary by the construction of said railway. Said company shall be liable for any damage to pipes or other underground constructions caused by the passage of its cars over the same, or by electric currents used in the propulsion of its cars. The said company shall. before commencing work on said railroad, g?¤ *tf¤¤·¤g>¤¤·¤¤ deposit with the collector of taxes of the District of Columbia such sum ° "` *°°° 1°”‘ ° °' as the Commissioners of said District may deem necessary to defray any expense that may be incurred by the District of Columbia in connection with the inspection of the work of construction of said railway, and to make good any damage done by said company or any of its contracting agents to any public work or construction. An account of the disbursement of such deposit or deposits shall be made to said company, and any balance due them shall be returned upon the completion of the work to detray the cost of which the money was deposited. Sec. 6. That whenever the roadway of any street occupied by the ,,,{_§‘$,,*;;§_'°“°“*“ ‘° said railway company is widened, one-half of the cost of widening and improvement of such widened part shall be charged to the said railway company and collected from said company in the same manner as the cost of laying or repairing pavements lying between the exterior rails of the tracks of street railways, and for a distance of two feet from and exterior to such track or tracks on each side thereof is collectible under _ the provisions of section live of the Act entitled “An Act providing a `°L2°·"1°°‘ permanent form of government for the District of Columbia," approved June eleventh, eighteen hundred and seventy-eigl1t. Sec. 7 . That nothing in this Act shall prevent the District of Colum- A"*'*¤¤¢"‘°°·°‘°· bia at any time, at its option, from altering the grade of any avenue, street, or highway occupied by said railway, or from altering and improving streets, avenues, and highways, and the sewers thereof. In such event it shall be the duty of said company to change its said railway and the pavement so as to conform to such grades and improvements as may have been established. Sec. 8. That the said company in conjunction with the said Bright- F“'°“‘ wood Railway may receive a rate of fare not exceeding five cents for each passenger for one continuous ride over the route aforesaid and the route of the said Brightwood Railway within the District of Columbia, or any part thereof, between the termini of said railroad within said Tickers- District, and shall sell tickets at the rate of six for twenty-five cents. Sec. 9. That said company shall pay to the District of Columbia, in mg? ¤¤ zr¤¤¤ ¤¤r¤· lieu of taxes on personal property, for each fiscal year, four per centum '