Page:United States Statutes at Large Volume 36 Part 1.djvu/870

 846 SIXTY-FIRST CONGRESS. Snss; II. Ch. 419. 1910. l $P°°‘·°°°· “SEc. 3. The speed of an engine, car, or other vehicle used upon such railway while on Ia]-public highway, except m crossing the same, 4 shall not exceed e` ht es per hour, imder penaltylof three hundred ~ dollars, to be paid to the erritory for each vio tion of this provision. ’ -*PP'°'“ °* Pl"'- "Sec. 4. The maps, charts, and plans for the construction of such railway shall be su ject to the aplproval of the superintendent of public works, and such approval thereof shall be evidenced by his _ signature upon any such map, chart, or plan so anpproved. m$£¤_·¤‘•l ¤¤¤i*¤· “SEo. 5. The said railwzgy, together with a its branches and connection, shall be thoroug y an substantially constructed according to the bestmodern practice and in such manner as to cause the least obstruction to the free use of the highways, roads, and places in which it may be laid; and the location m, along, and across highways and roads shall be as directed by the upermtendent of public works. The cars for carrying passengers shall be of the most approved construction for the comfort, convenience, and safety of such passengers, and shall be provided with fenders of the best pattern, with proper lighting and signaling appliances, and with proper numbers route boards, or signs, as approved by the governor. The said W. A. Wall, his associates, successors, and assigns, shall pay all expenses and damages and save the Territory harmless and indem¤i— • fied from all loss, cost, damage, and expense in consequence of or arising from the construction and operation of said railway, and to pay for all repairs to hiilgways and streets on, along, or across which the said railway may located, made ne or advisable by the construction and operation of said railway. The style of rail to be employed and used in the construction of such railway, the manner of laying the same, and the kind of car for the carriage of passengers over such railway! shall be such as may be approved by the superintendent of pub `c works. Allof the matters and thx? required by this section and the construction and character of the railway _ and its equipment shall in all res ts be subject to the approval of the superintendent of public woxllcil §° °* °°“*'“°‘ _"$no. 6. The construction of such railway must be commenced within three years from the date of the approval of this act by the governor of the Territory of Hawaii, and at least fifteen miles must e completed, epuipped, and in operation for the transportation of ppssengeis and rexg t within two {pears after such commencement: romded, That any period during w `ch the work shall be sus nded or delayed by reason of ap; litigation impeding or dela th; construction or use of such r way shall not be counted in eillier of the ab0ve—mentioned periods. "*°°*·°'°· "Sr:c. 7. The lands to be taken for the line of such railway shall not exceed forty feet in width, unless a greater width shall be required for embankment, cuttings, gravel pits, Sldl-DgB, stations, depots power houses, yards, or terminals. ’ ¤¢•**¤¤¤*¤‘=¤¤¤¤*¤ "Sec. 8. No land, easement, or other property shall be taken for thq purpose of such ra1lway except in accordance with the provisions o aw. '”°’*°““’°· "Sec. 9. If the rovisions of this Act as to time ’ ’ ' not ful? complied grith, then all rights, rivileges, andlsI}i1¢ldildl(>Il>swgl-ria: grante hereby shall forthwith cease and) determine and the franchise ereby granted shall forthwith become null and void. M°"€·’*8°¤· ‘jSec. 10. The said W. A. Wall, his associates, successors and assigns, shall have the power to mortgage the franchise hereb, conferred to secure the payment of bonds or other monetary obligjlttious mcurred m the construction or o eration of such railwa. K*¢¤***>¤**¤*·¤**=· "Sec. 11. The legislature of tllie Territory of Hawaii with the approvail of Congress, may at any time alter, amend, or ,repeal this act, an the franchise hereby granted shall not be construed to be