Page:United States Statutes at Large Volume 28.djvu/752

 FIF.l'Y-THIRD CONGRESS. Sess. III. CHL16S. 1895. 723 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 street to like good condition as it was 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, then the expense necessary to change such underground constructions shall be borne by ¤1¤·¤¤g<>¤ of pipes. the said railroad company. °°“‘ Sec. 9. That the said company shall, before commencing work on i mvigii *0 ·l¤f¤·r said railroad on such street, deposit with the Treasurer of the United pz5K.;;. °I°’ °t°" °x' States, to the credit of the Washington Aqueduct, such sum as the Secretary of War may consider necessary to defray all the expenses that may be incurred by 'the United States in connection with the _ inspection of the work of construction of said railroad on such street, and in making good any damages done by saidcompany or its works, or by any of its contracting agents, to any of said mains, iixtures, or apparatus, and in completing, as the Secretary of War may consider necessary, any of the work that the said company may neglect or refuse · to complete, and that the Secretary of War may consider necessary for the safety of said mains, fixtures, or apparatus; and the said company shall also deposit as aforesaid such further sums for said purposes at such times as the Secretary of War may consider necessary: Provided, ,~';,'_·>,*f•¤¤· M That the said sum shall be disbursed like other moneys appropriated mm for the Washington Aqueduct, and that whatever shall remain of said deposits at the end of one year after the completion of said railroad in » such street shall be returned to said company on the order of the See Rmmvr bn1amretary of War, with an account of its disbursement in detail: And pro- Orders vided also, That disbursements of said deposits shall, except in cases of emergency, be made only on the order of the Secretary of War. · Sec. 10. That it shall also be lawful for said corporation, its successors ¤¤zl¤• 1w¤¤·=•. ¤¤=- or assigns, to erect and maintain, on private grounds, 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 operation of its railroad. · Sec. 11. That the line of the said railway company shall be com- 0C¤T;¤i•;:¤¤¤¤¤=¤¤ menced within one year and completed within three years nom date ° "`P ‘ of the passage of this Act; and in default of such commencement or completion within the time in this section specified, all rights, franchises, and privileges granted by this Act shall immediately cease and determine. Sec. 12. That the said company may run public carriages propelled M¤=iv¤1¤>··¤r- by cable, electric, or other mechanical power; but nothing in this Act shall allow the use of steam powerin locomotives, or of overhead trolleys within the limits of the city: Provided, That if electric power by §·‘·*•*¤•· u, mu., - trolley be used, that the said company shall be liable for all damages ma. 8 made thereby to subsurface metal pipes, and to other public and private property: Provided further, That for the purpose of making a con- C'°"’"U“· tinnous connection over the route herein before described the said company shall have the right to cross all streets, avenues, and highways that maybe along the designated route, and shall have the right to construct ferry slips and to operate and maintain a steam transfer ferry rm;. from a point at or near the foot of South Capitol street to the opposite shore of the Anacostia River, for the purpose of transferring its passengers, and so forth, or cars, subiect to the approval of the Commissioners of the District of Columbia: Provided further, That whenever use or wanna; the foregoing route or routes may coincide with the route or routes of *“‘°"'· any duly incorporated streetrailway company in the District of Columbia the tracks shall be used by both companies, which are hereby