Page:United States Statutes at Large Volume 27.djvu/96

 FIFTSDSECOND CONGRESS. SEss. I. Ch. 144. 1892. 69 within ten days thereafter, such failure shall of itself operate as a forfeiture of this charter, audit shall be the duty of the Commissioners to cause to be instituted proper judicial proceedings therefor; and said Tucompany shall pay to the District of Columbia, in lieu of personal taxes upon personal property, including cars and motive power, each year, four per centum of its gross earnings, which amount shall be payable to the collector of taxes at the time and in the manner that other taxes are now due and payable, and subject to the same penalties on arrears; and the franchise and property of said company, both real and personal, to a sufficient amo11nt may be seized and sold in satisfaction ,§¤!¤ for Mcuiwmeut thereof, as now provided by law for the sale of other property for taxes; ° “x°°‘ 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 taxed as other real estate in the District: Provided, Promo. That its tracks hall not be taxed as real estate. t,,E{“°k ”"‘ *****1 °°‘ Sec. 5. That the said railway shall be constructed of good materials coummutm. and in a substantial and d1u·able manner, with the rails of the most approved pattern, 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. Sec. 6. That the said corporation hereby created shall be bound to _ ro ksspmeimm., keep said tracks, and for the space of two feet beyond the outer rails ’"°P°*’· thereof, and also the space between the tracks, at all times in as good order as the streets and highways through which it passes subject to the approval of the said Commissioners, without expense to the United States or to the District of Columbia. · Sec. 7. That nothing in this act shall prevent the District of Colum- mmm; g.,e,,_,t,_ bia at any time, at its option, from altering the grade or otherwise improving all avenues and streets and highways occupied by said road, or from so altering and improving such streets and avenues and highways, and the sewerage thereof, as may be under its authority and control; and in such event it shall be the duty of said company to change its said railroad so as to conform to such grade as may have been thus established. Sec. 8. That it shall be lawful for said corporation, its successors or cormmmm. 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 construction shall be borne by the said railway company: Provided, That wherever the railroad shall be built gwwoe- _ along any road, the space between the inner rail of said railroad and ,,H”f,Y,`{'§,$§§°$,$'§{”°°' the roadway shall be graded and put in good order for public use at the expense of the company and subject to the approval of the Commissioners of the District of Columbia: Provided also, That the construe- Appr-wai or semtion of said railroad on any street where there are or may be any mains, §;’g'tjQc}:“{a§’f¤g'§{f fixtures, or apparatus pertaining to the V\’ashington Aqueduct shall ter mm, em. 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 no steam cars, locomotives, or passenger or other cars for steam railroads. shall ever be run on the tracks of said company over any such main, fixture or apparatus. The said railroad shall be subject to the requirements of section _1>¤¤em¤¤ or water fifteen of the act of Congress approved February twenty-eighth, eigh· *“P°°’ m' teen hundred and ninetyone, entitled “An act to incorporate the V°*·2°·P·"°·