Page:United States Statutes at Large Volume 28.djvu/524

 FIFTY-THIRD CONGRESS. Sess. II. Ch. 318. 1804. 495 provided for in this Act, a space not exceeding one hundred and fifty · by two hundred feet. Sec. 2. That whenever the roadway of any street occupied by the, Exrenee of widensaid railway company is widened, one-half of the cost of widening `°gm`l°°r°”d"“’“‘ 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 V<>l·2°,r-1<>5- Act providing a permanent form of government for the District of Cohuénjbia, approved June eleventh, eighteen hundred and seventy- eigi . Sec. 3. That when the route described coincides with that of a Country mas. country road of less width than sixty-six feet, the railway shall be constructed entirely outside the road. Sno 4. That the said railway shall be constructed in a substantial Construction. and durable manner; and all rails, electrical and mechanical appliances, conduits, stations, and so forth, shall be of approved pattern, and subject to the approval of the District Commissioners. Sec. 5. That the said corporation shall at all times keep the space _ Keeping ¤¤e¤¢,ea., between its tracks and rails and two feet exterior thereto in such con- “‘ ’°"""‘ dition as the Commissioners of the District of Columbia or their successors may direct, and whenever any street occupied by said railway is paved or repaired or otherwise improved the said corporation shall bear all the expense of improving the spaces above described. Should the said corporation fail to comply with the orders of the Commissioners the work shall be done by the proper officials of the District of Columbia and the amounts due from said corporation shall becollected as provided by section live of the Act entitled “An Act providing a V¤1-2¤.r>- 105- permanent form of government for the District of Columbia, approved June eleventh, eighteen hundred and seventy-eight." But no over- Orerheed ‘*'**°¤· head wires shall be used or constructed except as hereinbefore provided nor shall steam power be used within the limits of the city of VVashington: Provided, That the tracks of said road shall not be used €·j:·>,j·;·¥mcks for the transportation of any cars other than those used for the trans- ° ' portation of passengers on street railways. Sec. 6. That nothing in this Act shall prevent the District of A1¢<·¤*¤z= s¤•·le¤·e¤¤~ Columbia 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 sewerage thereof ; in such event it shall be the duty of said company at once to change its said railway and the pavement so as to conform to such grades and improvements as may have been established. Sec. 7. That it shall be lawful for said railway company, its succes- C°¤¤*'“°**°¤· sors or assigns, having first obtained the permission of the Commissioners of the District of Columbia, to make all needtul and convenient trenches and excavations in any of said streets or places where said company 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 same manner and by the means herein provided, but shall forthwith restore the streets to a like good condition as they were before. 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 railroad company. _ Sec. 8. That the said company shall, before commencing work on 0,'Qj{;‘j;§,§’;fgt1jj”" said railroad on such street, deposit with the Treasurer of the United States to the credit of the 'Washington Aqueduct such sum as the Secretary of War may consider necessary to defray all the expenses that