Page:United States Statutes at Large Volume 30.djvu/486

 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 447. 1898. 447 Sec. 5. That the said company shall have the right to acquire and Rizhfof wor obtain the right of way over and through the land on which the aforesaid lines and routes may be located, and to acquire and hold land for necessary depots, stations, offices, store and power houses, and workshops; and in the event that said company shall not be able to come 6g;>;·¤·¤¤¤¤o¤ woto an agreement with the owners of any land through which the said ° ”“°' · line and routes may be located, or on which it may be necessary to erect depots; stations, offices, store and power houses, or workshops, proceedings for the condemnation for the use of the company of so much land as may be required for right of way, not exceeding -thirty feet in width, and for the necessary depots, stations, offices, store and power houses, and workshops may be instituted in the supreme court of the District of Columbia under and in accordance with the provisions of sections two hundred and fifty-seven to two hundred and sixty-seven, both inclusive, of the Revised Statutes of the United States relating R.`S..D.C.,secs.257— to the District of Columbia, being the laws governing the condemna~ ”'·P·”· tion of lands in said District for public highways: Provided, That it mma. shall be the duty of the marshal of the said District, upon the request. M•:•t:}_•l*°¤¤¤¤¤°¤ of said railway company, to summon all necessary jurors and to Ju"' exercise the powers and authority conferred upon him by said laws: And provided further, That the costs and expenses of all such proceed- E¤r¤¤¤¤%· ings shall be defrayed by the said railway company. The Commissioners Looorion Bening of the District of Columbia are authorized and empowered to locate ”°"']‘ the lines of the railway of said company within the said area, thirty feet in width, so to be acquired as aforesaid, north of the present northern line of said Benning road. In the event that said Benning h,{:<=¤¤¤i¤¤j·;_if·;1z;¤*·;. road and other roads mentioned in section one shall be widened to a J§Ty,`Z{'.{° ° g ° width of ninety or more feet, and further, in the event of any portions of the right of way being included in highways to be opened in future, then, and in such cases, the said company shall convey to the District of Columbia, for the use of the public. the right of way over the said area of thirty feet in'widtb, subject, however, to the right of the said company to use and occupy the same for the operation and maintenance · of its said road. Sec. 6. That the said railway company shall have the right to issue I¤¤°° °‘ '°°¤‘*°- bonds of said company to an amount necessary to cover the cost of locating, constructing, and equipping the said extended lines of railway tracks and the depots, stations, offices, store and power houses, and workshops necessary to the proper operation thereof, and to secure the same by a mortgage or deed of trust covering its corporate franchises and properties, or 'such portion thereof as may be necessary for _ that purpose: Provided, however, That the total issue of said bonds _{m'{j"°’· shall not in the aggregate exceed the actual cost of the construction and -nx1¤ g, amount of equipment hereinbefore authorized; and before any bond or trust deed *°'“°‘ shall be executed, the amount thereof shall be ascertained and fixed by the Commissioners of the District of Columbia; and for this purpose said Commissioners are hereby authorized to subpoena and examine witnesses and take such testimony as may be necessary to enable them to make such determination and fix the amount of 1ssue: And ‘“’l’““· provided further, That an appeal may be taken from the decision of said Commissioners to the supreme court of the District of Columbia. _ _ And all bonds issued in excess of the amount authorized by said Com- ,.,,Ef°°"“""` '"“° missioners or said court, or in violation of the provisions of this Act, shall be null and void. _ Sec. 7. That the said railway company is authorized and empowered _,§,f"§f,,"*§0$,Q;g§§§;; to contract with any railway company owning and operating, or which ¤¤r..r¤¤woy¤· may hereafter own and operate, any railway connecting or intersecting the extension of the Columbia Railway herein authorized, for the joint use, management, or lease of said extended lines, or either of them, or any part thereof, upon such terms as may be agreed upon between such companies: Provided, That steam power shall not be used upon any grow- wu on portion of the route named herein which is or may hereafter be included mgi.°$:}JQY._». within the limits of highways, nor west of the present tracks of the