Page:United States Statutes at Large Volume 31.djvu/832

 780 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 35-1. 1901. 6,§·§i,_2fé,;f°*- 618* inclusive, of the Revised Statutes relating to the District of Columbia, dapimlémck. with such capital stock, not to exceed five million dollars fully paid up, and under such corporate name as may be set forth in such certiiicate. The corporation so formed shall be vested with all the authority, rights, and privileges granted by said general Act, but the Baltimore and O io Railroad Company, or such persons as it may designate by resolution of its resident and directors, shall be entitled to subscribe for and hold all) the stock of said corporation, without advertisement or allotment, as provided in said sections six hundred and twenty-one and six hundred and twenty-two of said Revised Statugzfg °’ °°’P°“" utes. Said corporation shall also be vested with and enjoy all the authorities, rights, and privileges herein granted, so far as the same are applicable to or exercisable in its undertaking, as set forth in its said certificate of incorporation, and it shall be bound b all the limitations and provisions of this Act. Said corporation shall have the further powers to contract with the Baltimore and Ohio Railroad Company for the use or operation of its railroad and works by the lastnamed company, or for the lease of the same, on such terms as may be agreed upon between the two companies, and shall also have the r1ght . and power, exercisable at any time, to sell and convey all its railroad, works, and property to the said Baltimore and Ohio Railroad Company in consideration of the latter company assuming all its debts and liabilities and agreeing to repay to every stockholder the amount of money actually paid in on the stock held by him. " On the execution, delivery, and recording of the deed of convey- ance, pursuant to and in consummation of such sale, the said terminal company shall ipso facto be dissolved and its corporate existence shall cease. · In the event, however, that the said terminal company shall not be, organized under the provisions of this Act then the dprivileges, powers, an duties herein conferred and imposed shall evolve exc usively _ _ upon the Baltimore and Ohio Railroad Company. - ,,;*,,‘§§,§‘,§§§‘§,,l_°“° f°' Sec. 11. That the Baltimore and Ohio Railroad- Company and the terminal company incorporated as herein provided shall be authorized and empowered, from time to time, to take, acquire, and hold, in fee sim le, all lands and property required fO1‘ the terminals, stations, yards, railroad facilities, and other works authorized by this Act, either 66§·§{,%8%f"°°“· “8“ by purchase or by condemnation, as provided in sections six hundred _ and forty-eight to six hundred and sixty-three, both inclusive, of the P"”`“"°· Revised Statutes, relating to the District of Columbia: Provided, d€@0‘}‘,,,‘§§§,§{,§,§ That in every case in which an assessment of damages or an award ¤w¤¤i· shall have been returned by the appraisers, the company upon paying into court the amount so assesse or awarded, may enter upon an take possession of the lands and property covered thereby, irrespective of whether exceptions to said assessment or award shall be filed or not, and the subsequent lproceedings shall not interfere with or affect such posgession, but shal only affect the amount of the compensation to be .. Pm · · $i§°a.§°l,t3}$§e.f“y SEG- 12. That the Baltimore and Ohio Railroad. Company and the Terminal Company, incorporated as provided in this Act, be. ;.nd they are hereby, authorized and empowered to locate, construct, maintain, and operate outside of the lim1ts of the cit of Vllashington a line of railroad with one or more tracks extending fiom a connection with the Washington Branch Railroad and with the railroad authorized by the foregoing sections of this Act north of Vlrinthrop Heights station by such route as the company may select as most racticable, and be approved b .the Commissioners of the District of Columbia, to a connection with the Baltimore and Potomac Railroad and with the said Baltimore and Ohio Railroad Company’s Shepherds branch at or near Bennings station; and in the lOC&l310l1, construction, maintenance, and