Page:United States Statutes at Large Volume 17.djvu/181

FORTY-SECOND CONGRESS. Sess. II. Ch. 189. 1872. 141 said company, together with the improvements which may be put thereon, shall be subject to tax by the District of Columbia the same as other Tax, and now property in the District of Columbia, and to be used exclusively for the °PPli€d· support of the public schools in said district; and the said company shall lay no more than two tracks along said Sixth street, and as near as Tracks. practicable in the centre of said street, and as close together as practicable for the traffic and trains to pass over them. The rails used, for Rails. that purpose shall be constructed as fiat rails, like those used by streetrailways, so as to facilitate wagon and carriage travel over the same, and the tracks and the space between the same shall be kept paved with some suitable material by said company, and it shall also pave, with proper material, at least two feet outside of said track; and upon the opening of a carriage-road through the public reservation and crossing Sixth street, the said company shall be, and is hereby, required to construct, at its own cost and expense, a handsome iron bridge of ample Brgdge ove, width and height to enable small carriages to pass over the said street Sixth Street, freely and without danger, in such manner and at such place as the ofii- Wh°"* &°‘ cers or other persons charged with the duty of opening the reservations or connecting the same as a public park shall direct; and the said company shall then adapt the grade of said tracks to that which at any time Grads, may be determined upon by the board of public works, or other authority having the control of grades of said Sixth street. Such changes of grade, however, shall not be made as will practically interfere with or destroy the use of said depot by the regular trains of said company: Provided, That the said company shall pay the owners of private prop- ·D,,m,,g€S to erty along the line of Sixth street, north of Virginia avenue by which owners ofprivate the said railroad passes, any damage which the said property may sustain Pmpmy i by reason of the laying of its track along the said Sixth street, and the said damages, if any, shall be ascertained in manner and form as provided by the act of Congress approved February fifth, eighteen hundred 1867. ¢l}· 29. § 2- and sixty-seven, entitled "An act to authorize the extension, construe- v°l'X"'p"38z tion, and use of a lateral branch of the Baltimore and Potomac railroad into and within the District of Columbia," it being understood that the question of damages herein referred to shall be confined to the question of appreciation and depreciation of the value of the property situated along said street: And provided also, That the said railroad shall pay all damages for which the city of Washington, or the District of Columbia, _ _ _ or the United States may be liable to private parties now occupying the m mdmdu°lS' site herein described and growing out of their being required to remove their property from the same and surrender their right of occupancy, and shall obtain possession at their own cost: And provided further, That while trains are moving to and from Virginia avenue, along Sixth Flagmen at street and said depot, the said railroad company shall keep flagmen at S*{°°€·°g°SSi¤8¤y the several street-crossings to warn people of danger; and all provisions W mm °' of the board of aldermen and common council of the city of Wasliing- City regulaton not inconsistent herewith are hereby ratified: Provided further, That *i°“$ ¤**i*¤€d· the act of Congress approved March third, eighteen hundred and seventy- 1;,,,,,,3105 one, granting a site for a passenger—depot to said railroad company upon form¢r‘_¤¤t g1‘¤¤¢· Virginia avenue is hereby repealed, to take effect when said company ;;€S;s;,€§’;p';,_ obtains possession of the depot property on Sixth street, as described in im, eh. 137. this act; and no passenger or other depot shall be constructed by said Vol. xvi. p. 585. company on said site: And provided further, That the United States, by This act may act of Congress, shall have the right to repeal or modify the provisions be "¥’“‘*1°d· of this act: And provided further, That the tracks of said company shall _ turn out of Sixth street and enter the said depot with suitable curvature ,r£‘,;"$;’d“3e*f‘ at the south end thereof ; and the said depot shall not extend beyond B pot, street north, nor shall the tracks ever extend beyond said B street north. Arr-Rovnn, May 21, 1872.