Page:United States Statutes at Large Volume 14.djvu/418

 388 THIRTY-NINTH CONGRESS. Sess. H. Ch. 29. 1867. disability, or shall approve, or because of infancy, coverture, insanity, or any other mms <>¤¤¤°°b° cause, shall be legally incapable of giving such assent, then it shall be °gr°°d up°u' lawful for the said company to apply to a justice of the peace of the county of Washington, who shall thereupon issue his warrant, under his hand and seal, directed to the marshal of the said District, requiring him Jul')'- to summon a jury of twenty citizens of the said District, none of whom shall be interested or related to any person interested in the land or materials required for the construction of the said railroad, or zo, stockholder, or related to any stockholder in the said company, to meet on the land, or near to the other property or materials so required, on a day named in Notice. such warrant, not less than ten nor more than twenty days after issuing the same, to proceed to value the damages which the owner or owners of any such land or other property will sustain by the use or occupation of ?¤‘<>¤¤¤<li¤g¤ M the same required by the said company, and the proceedings, duty, and ` oath or aihrination to be administered, and inquisitiou to be made and returned, shall be the same as are directed and authorized in regard to the sheriff by the thirteenth section of the said act of the General Assembly of' the State of Maryland, incorporating the said Baltimore and Potomac as to emma- Railroad Company; and all the other proceedings in regard to such jury, mg "“‘l ""l“"` and the estimating and valuation of damaves, and the payment or tender UO!1 of (lElI'l\{lg&S, . a • gm of payment of any damages ascertained by such valuation and eH`ect thereot§ and of the view of any lands, or other property, or materials, as to giving the said company a right to use the same for the use or construction of any railroad within the said District, as hereby authorized, shall in every case and in every respect be the same as is provided in and by the above-mentioned act of corporation, in regard to the railroad thereby Proviso. authorized to be constructed by the said company: Provided, That whenever, by the said act, the inquisition of the jury is required to be returned to the clerk of the circuit court, to be confirmed by the said court at its next session, if not sufficient cause to the contrary be shown, the inquisitions under this act shall be returned by the marshal to the supreme court of the District of Columbia, which court shall have the same jurisdiction and powers over the subject—matter as the said circuit court have under the act aforesaid. _ Crossing or Sec. 3. Ami be it further enacted, That whenever the said company, road, street, or other way, it shall be the duty of the said company so to construct the said railroad across such established road, street, or other way, as not to impede the passage or transportation of persons or property along the same; and where it shall be necessary to pass the said railroad through the land of any individuals within the said District, it shall be W¤z<j¥{ W*fY¤ the duty of the said company to provide for such individuals proper wagon Mmss m1r°“xd` ways across the said railroad, from one part of his [their] land to another; but nothing herein contained shall be so construed as to authorize the entry by said company upon any lot or square, or upon any part of L¤f¤,b&¤·h any lot or square owned by the United States within the limits of the city ‘6°;?t°;% slagé of Washington, for the purposes of locating or constructing the said road, not to be entered or of excavating the same, or for the purpose of taking therefrom any “P°° °" “S°d· material, or for any other purpose or uses whatsoever; but the said company, in passing into the District aforesa.id, and constructing the said road Road to enter within the same, shall enter the city of l¤Vashingt0n at such place, and ’ within the said city as may be allowed by Congress upon presentation of survey and map of proposed location of said road: Provided, That the M"} and _ level of said road within the said city shall conform to the present gradua- Qbgggizgxsd m tion of the streets, unless Congress shall authorize a different level. Sec. 4. And be it further enacted That the rate actually charged and
 * 3ry"Y”"""° °"d authority of the said marshal in regard to such warrant and jury, and the
 * ff:;§:‘Q;‘1§ays_ in the construction of a railroad into or within the said District, as authorized by this act, shall find it necessary to cross or intersect any established
 * gs“;l:;'L§:‘;" shall pass along such public street or alley, to such point or terminus