Page:United States Statutes at Large Volume 28.djvu/753

 724 FIFTY-THIRD CONGRESS. Sess. III. Ch. 168. 1895. authorized and empowered to use such tracks in common upon such fair and equitable terms as.may be agreed upon by said companies; and in the event the said companies fail to agree upon equitable terms, either of said companies may apply by petition to the supreme court of the DistrictofColumbia,which shall immediately provide for proper notice to and hearing of all parties interested, and shall have power to determine the terms and conditions upon which and the regulations under which . the company hereby incorporated shall be entitled so‘to use and enjoy the track of such other street railway company, and the amount and Ncgeusmswpsgzg manner of compensation to be paid therefor: And provided further, P,,'§c°{’;_°“ °°*”°’ F That neither of the companies using such track in common shall be permitted to make the track so used in common the depot or general stoppin g_place to await passengers, but shall only be entitled to use the same for the ordinary passage of its cars, with the ordinary halts for · E¤¤¤¤z ¤¢·¤¤¤¤¤· taking up and dropping oil` passengers: ,Pr0v1Idcd, That this shall not apply to or interfere with any statiomalready established on any existing lines; that said corporation is authorized .and empowered to propel its ears over the line of any other road or roads which may be in the alignment with and upon such streets as may be covered by the route ‘ or routes as prescribed in this Act, in accordance with the conditions hereinbefore contained; and that this corporation shall construct and R¤r¤ir¤.¤w- repair such portions of its road as may be upon the line or routes of any other road thus used; and in case of any disagreement with any _ company whose line of road is thus used such disagreement may be summarily determined upon the application of either road to any court in said District having competent jurisdiction. _ Fix-st-class equip- Sec. 13. That the said company shall furnish and maintain passen— ’ "‘°"‘ *° "° “'°"· ger houses, as required by the Commissioners of the District of Columbia, and shall use first-class cars on said railway, with all the modern improvements for the convenience, comfort, and safety of passengers, and shall run cars as often as the public convenience may require, in accordance with a time-table to be subject to the approval of the Commissioners of the District of Columbia. Every failure to comply with the conditions of this section shall render the said corporation liable to runny. a fine of fifty dollars, to be recovered in any court of competent jurisdiction at the suit of the Commissioners of said District. ueguilmuorspesu. Sec. 14. That the Commissioners of the District of Columbia may make such regulations as to rate of speed, mode of use of tracks, and removal of ice and snow as in their judgment the interest and convenience of the public may require. Should the servants or agents of said company willfully or negligently violate such an ordinance or regulation said company shall be liable to the District of Columbia for a penalty not exceeding five hundred dollars. Meeting to receive Sec. 15. That within thirty days after the passage of this Act the °“"’“`"l"°““· corporators named in the first section, their associates, successors, or assigns, or a majority of them, or if any refuse or neglect to act, then a majority of the remainder, shall meet at some convenient and accessible place in the District of Columbia for the organization of said company and for the receiving of subscriptions to the capital stock of the comrrmm. pany: Provided, That every subscriber shall pay at the time of sub- M°,§”,}§,{°' °°“'° ‘““"‘ scribing ten per centum in cash of the amount by him subscribed to the treasurer appointed by the corporation, or his subscription shall be L¤y¤;3!m¤¤ey,¤w·. null and void: Providodjlwther, That nothing shall be received in pay- ""*““ ‘ ment of the ten per centum at the time of subscribing except lawful money or certified checks from any established national bank. And when the books of the subscription to the capital stock of said company shall be closed the corporators named in the first section, their associates, successors, or assigns, or a majority of them, and in case any of them refuse or neglect to act, then a majority of the remainder, shall, $(1;; 5) {dgzsetinc ¤f within twenty days thereafter, call the first meeting of the stockholders N,,m.._ ‘ of said company to meet within ten days thereafter for the choice of directors, of which public notice shall be given for five days in two daily