Page:United States Statutes at Large Volume 44 Part 2.djvu/1392

 1352 SIXTY-NINTH CONGRESS. Sm II. Gus. sos, eee. 1927. and profiles of said works, to be approved by the said commissioners: ,@"",m;, mp., N, Provided, That one-half of the total cost of constructing the said mum viaduct and approaches shall be bo1·ne and paid by the said railroad company, its successors and assigns, to the collector of taxes of the District of Columbia,’to the credit of the District of Columbia, and the same shall be a valid and subsisting lien against the franchises and property of the said railroad companfy and shall Em L constitute a legal mde tedness of said company in avor of the District of Columbia, and the said lien maybe enforced in the name of the District of Columbia by a bill in e%luity)brought by the said corgmissionelils  tl;31Supreme Court of pbs igtricp oafd Columbia, or yan oteraw `ng inst esai rairo coman. ¤uP$¤y;$ii¢ gi sith? Sno. 2?That no streels) railway cdgiapany shall use the said viiidugt °“°" or any approaches thereto herein authorized for its tracks until - the said com any shall have paid to the collector of taxes of the District of Liilumbia a sum equal to one-fourth of the cost of said c v§atdlpctDand appxéoaccges, gvhich sum shall be deposited to the credit 0 e istrict 0 um ia. wl.? Sno. 3. That for the purpose of carrying into eifect the foregoing provisions, the sum of $275,000 is hereby authorized to be appropriated, payable in like manner as other appropriations for the expenses of the government of the District of Columbia, and the said commissipners are aiuthorized todexpend such smug as ma be necessar or ersona services an e °neerin an nxiéimmns °°°°°°” incidexilal expenses. yThe salid commissioners are furliger authgmrized to acquire, out of the z;ppropriation herein authorized, the necessary land or any portion 0 same within the limits of Michigan Avenue as shown on the recorded hi hway plan, by purchase at such price or prices as in their judgment giey may deem reasonable and fair, or, in $g,¤%j¤;“fg§¤· the discretion of the commissioners, by condemnation in accordance ` ' ` ` with the provisions of subchapter 1 of Chapter XV of the Code of Law for the District of Columbia under a Prwiw- mu or proceedings in rem instituted in the Supreme Court of t e District ¤¢iii°ii$¤thii»!$$°r!ti°$`a to of Columbia: Provided, however, That of the entire amonmt found of the land to be condemned to carry the provisions of this Act 1nto effect, plus the costs and expenses of the roceeding or proceedings taken pursuant hereto, not less than one-half thereof shall be assessed by the jurxiy as benefits, the amounts collected as benefits to be covered iritocgie breasiuy of the United States, to the credit of the District cm o1M 0 um W -:i:g¤u¤cg¤:gg_g< Sno. 4. That from and after the completion of the said viaduct ' and a proaches the highwa§ grade crossingx over the tracks and the right of way of the said a timore and O io Railroad Company at Michigan Avenue in the District of Columbia shall be forever closed against further trallic of any kind. Approved, March 3, 1927. mums, im. CHAP. 306.-An Act To provide for the elimination of grade crossings of Be it enacted by the Senate and House of Répresentativea of the b,2*—•“’*°‘ °‘ °°*‘”“‘ United States of America in Congress assemble, That the Commis- ¥Vi¤<1¤¤§¤ <{,ir•¤¢¤<¤ f¤¢ sioners of the District of Columbia be, and they are hereby, authorized s¢}°bi¤°°¤a °1iiiii$ and directed to construct viaducts and approaches thereto, to carry “‘°“ °' Fern and Varnum Streets over the tracks and right of way of the Baltimore and Ohio Railroad Company and to construct a viaduct and approaches thereto to carry Eastern Avenue over the tracks and
 * ’°“°°“°d “ *’°“°°“· to be due and awarded by the jury as damages for, and in respect
 * ’“"“°· N°· ’°°·’ swam railroads m the District or commbis, and mr other purposes.