Page:United States Statutes at Large Volume 27.djvu/369

 342 FIFTY-SECOND CONGRESS. Sess. I. Ch. 353. 1892. of its gross earnings, which amount shall be payable to the collector of taxes, at the times and in the manner that other taxes are now due and payable, and subject to the same penalties on arrears; and the fr·anchise and property of saidcompany, both real and personal, to a sufiicient amount may be seized and sold in satisfaction thereof, as now provided by law for the sale of other property for taxes; and said four per centum of its gross earnings shall be in lieu of all other assessments of personal taxes upon its property used solely and exclusively in the operation and _ management of said railway. Its real estate shall be nam. taxed as other real estate in the District: Provided, That its tracks ,_,§$'°"' "°‘ '°"’ °'° shall not be taxed as real estate. C¤¤¤¤r¤<=¤¤¤- Sec. 5. That the said railway shall be constructed of good materials, and in a substantial and durable manner, with the rails of the most approved pattern, all to be approved by the Commissioners of the said District, laid upon an even surface with the pavement of the street, and the gauge to correspond with that of other city railways. Wherever more than one of the tracks of said railroad company shall be constr·ucted on any of the public highways in the District of Columbia, the width of the space between the two tracks shall not exceed four feet. hT¤k·¤1>¤·•¤k·¤·¤¤=-· Sec. 6. That the said corporation hereby created shall be bound to "°°°"°’°b' keep said tracks, and for the space of two feet beyond the outer rails thereoi, and also the space between the tracks, at all times in such good order as the Commissioners of the District of Columbia may require, wherever it shall run over streets, avenues, and highways, subject to the approval of the said Commissioners, without expense to the United States or the District of Columbia. improving all avenues and streets and highways occupied by said road, or from so altering and improving such str·eets and avenues and highways, and the sewerage thereof, as may be under its authority and con- 1101; and in such event it shall be the duty of said company to change so as toconform to such grade asmay havebeen thus estab- ¤=•*•**¤¤·· •*¤· Sec. 8. That it shall be lawful for said corporation, its successors, or assigns, to make all needful and convenient trenches and excavations in any of said streets or places where said corporation may have the right to construct and operate its road, and place in such trenches and excavations all needful and convenient devices and machinery for operating said railroad in the manner and by the means aforesaid, subject to the approval of the said Commissioners. But whenever such trenches or excavations shall interfere with any sewer, gas, or water pipes, or any subways or conduits, or any public work of the kind which has been ordered by the Commissioners, then the expense necessary to change such underground constructions shall be borne by the said railway company. P¤v·r1¤¤¤¤¤. cw Sec. 9. That it shall also be lawful for said corporation, its successors or assigns, to erect and maintain at such convenient and suitable points along its lines as may seem most desirable to the board of directors of the said corporation, and subject to the approval of the said Commissioners, an engine house or houses, boiler house and all other buildings necessary for the successful ogmration of a cable motor, electric, pneumatic, or other railroad. span. Sec. 10. That it shall not be lawful for said corporation, its successors, or assigns, to propel its cars over said railroad, or any part thereof, at a rateofspced exceeding that which may be iixed iiom time to mainstay for vw- time by the said Commissioners, and for each violation of this provision " said grantees, their successors, or assigns, as the case may be, shall be subject to a penalty of fifty dollars, to be recovered in any court of cpuapegtentéjurisdiction at the suit of the Commissioners of the District o 'o um ia.
 * ”°'“*G¤*°'*°°» °'°· Sec. 7. That nothing in this act shall prevent the District of Columbia, at any time, at its option, from altering the grade or otherwise