Page:United States Statutes at Large Volume 27.djvu/356

 FIFTY-SECOND CONGRESS. Sess. I. Ch. 322. 1892. 329 protect said telephone line in such manner as may be directed by the Secretary of War. The said corporation shall, before operating said F¤¤¢¤· railway, erect and maintain subject to the approval of the Secretary of War, at its own expense, a neat, well-painted, and substantial fence, four feet in height, on each side of its tracks, through the lands of the United States, and also at such places along the Conduit road as the Secretary of War may deem necessary, with suitable openings and crossings for roadways, and at such places as the Secretary of War shall consider to be required for the safety of the use of said roadways. That the said corporation shall, at its own expense, maintain electric means mgmt lights along the entire length of its railway during the hours after nightfall that its cars shall run, and at least until twelve o’clock and thirty minutes antemeridian, which lights shall be located so as to light all roads on and across which it shall pass, and shall be placed at such points along the proposed road as the Secretary of War shall direct, and shall also light Chain Bridge in the same manner and during the same hours. No claim for damages shall ever be made by said company or its successors in consequence of the exercise of any of the rights of the United States under this act. The construction of said Msmmstmnrm. railway on any street where there are or may be any mains, fixtures, or apparatus pertaining to the Washington Aqueduct shall be subject to such conditions as may be approved by the Secretary of War, which conditions must be obtained and be accepted in writing by said company before commencing any work on such street, and the operations of said company in respect of the safety of such mains, fixtures, or apparatus shall always be subject to the control and direction of the Secretary of War, and subject to the right of the Secretary of War or other lawful public authorityto interrupt the construction or use of said railway, whenever necessary for the protection or repair of such mains, fixtures, or apparatus. Eflicient signals by gong or bell shall ¤is¤•1•- be made by every car before and dm·ing the crossing of the Conduit road. The rate of speed at which the cars may run on said road shall Sindnot exceed five miles per hour on or across any street or road, and the fare for riding over the said road shall not exceed ten cents each way per passenger, and this amount may be divided into divisions of five - cents each. The work of construction and the operating of said rail- h!_:ge¤1¤¤¤¤d¤f cer; way by said company on the lands of the United States shall be sub- lng_ '°” "' °’°" ject to such regulations as the Secretary of War may prescribe, and the exercise of the rights by this act granted are to terminate at the pleasure of the Secretary of War in case of persistent neglect by said company or by its successors to make the deposits or to comply with' any of the conditions, requirements, and regulations aforesaid. Sec. 2. That the capital stock of said company shall be fifty thou- crpmn sem. sand dollars, divided into shares of one hundred dollars each, which capital stock may be increased from time to time upon a majority vote of the stockholders, but not to exceed the actual cost of right of way, construction, equipment, station houses and other buildings necessary to the operation of said road. The said company shall require the sub- ° scribers to the capital stock to pay in cash, to the treasurer appointed rsymms. by the incorporators, the amounts severally subscribed by them, as follows, to wit: Fifty per centum at the time of subscribing, and the remainder at such times and in such amounts as the board of directors shall require, and no subscription shall be deemed valid unless the fifty per ccnum thereof shall be paid at the time of subscribing; the remainder of said subscription to be paid at such times and in such amounts as the board of directors may require, as hereinbefore provided; and if any stockholder shall refuse or neglect to pay any install- sae of mer rmments as aforesaid, as required by the board of directors, after thirty “°f‘*“" '“ ’“"""'"‘ days’ notice in writing, the said board of directors may sell at public auction, to the highest bidder, so many shares of his stock as will pay the installments; and the person who shall offer to take the least number of shares for the assessments due shall be taken as the highest