Page:United States Statutes at Large Volume 34 Part 1.djvu/564

 534 FIFTY—NINTH CONGRESS. Sess. I. Ch. 3563. 1906. and elevation of said railroad for crossing the Chesapeake and Ohio Canal shall be approved by the trustees of. the Chesapeake and Ohio Canal before the commencement of any work on the property of the A said canal company. _ Brides ever river "The bridge over the river road shall be constructed with a span r°°d' sufficient to allow the widening of said road to fifty feet, and the District of Columbia reserves the right to widen this road to fifty feet at any future time. E=¤b¤¤¤¤¤¢¤¢· “‘The slope of the railroad embankment shall not at any point ` encroach upon the river, or Chain Bridge, road, which is thirty-three feet wide. The railroad company, its successors and assigns, shall construct suitable retaining walls to preserve the full width of the road when necessary to prevent such encroachments. C’°¤¤'*¤€¤· “Whenever it is found necessary by the Commissioners of the District of Columbia to construct a road intersecting the line of the railroad, the railroad authorities, their successors and assigns, shall provide a proper crossing, and shall, at their own expense, make all necessary excavations, masonry, construction, and so forth, and replace their roadbed with a bridge of a span to be determined by the (oommissioners of the District of Columbia. m§,;:'g,;¤· Wet"' "The said company, its successors and assigns, shall at all times ’freely and without charge or hindrance of any kind, permit the Commissioners of the District of Columbia to cross the said right of way in the District of Columbia whenever necessary in the construction of any public sewer, water main, or other construction necessary for the public safet, comfort, or health." Sec. 2. That section twelve of the Act to which this is an amendment be, and the same is hereby, repealed,_and in instead thereof there be enacted the following: P¤>¤¢¤di¤8¤ *0 ¤°· "SEo. 12. That for the purpose of locating, constructing, maintaincure lands. . . . . ing, and operating the yards, stations, tracks, railroads, roundhouses, mxgséeg 5- P· 87*% shops, and other structures or buildings herein, or in the Act to which ` this is an amendment, provided for, said company is hereby authorized ` and empowered to take, acquire, and hold in fee simple the land neces- AMD, ofomm_ sary for such purposes; but before proceeding so to do the said com- Gondcmnaticu. pany shall first obtain the assent of the owner or owners of said land, and if such owner or owners shall be absent from the said city of Washington, or the District of Columbia, or shall refuse to give such assent on such terms as such company shall approve, or by reason of infancy, coverture, or insanity, or any other cause shall be legally incapable of giving such assent, it shall be law ful for said company to make application, in writing, to the supreme court of the _ District of Columbia, or a judge thereof, for the appointment of three commissioners to estimate the damages which the owner or owners of the land or other property sought to be taken shall sustain A mmm to m_ by the taking thereof by the said company. Said application shall »mii%m·n·¤. describe the land or other property sought to be taken and give the name or names of the owners thereof, as far as the same may be known COmmm,0nm_ to said company; and said supreme court of the District of Columbia, or a ]udge thereof, shall thereupon appoint three discreet and disinterested freeholders of said District of Cyolumbia, none of whom shall be residents or owners of property upon or adjoining the line of said railroad, or interested therein, or related to any person interested in said land, or a stockholder in said company: and before said commissioners shall act the clerk of said court shall administer an oath or affirmation to each of them that he will justly and impartially estimate the compensation that the owner or owners of such lands or other property will be entitled to by reason of the taking of the same by the company; and the said supreme court of the District of Columbia. or a iudge thereof. shall appoint a time not less than ten nor more than