Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1865-11-12

be made with the least possible delay and
injury TO said second party, and said
tracks shall be taken up and relaid al
the cost and expense of said City.
Item 10. A majority of the directors oil
said company shall at all times be
bona tide residents of the City Of Mem
f phis.
lem Il. The said second party
shall file with the Comptroller OF
the City of Memphis within thlTty
days after the ratification OF this
contract by the Board Of Mayor and
Aldermen Of the City Of Memphis, a bond
in the penal sum Of ten thousand dollars,
10 be approved by said Comptroller, con
ditioned thai said Company shall com
nIete the lines Of railway herein named
within the time specified, and in case
said Companyshall fail to do so, declaring
that said bond shall be forfeited.
Item l.. said second party shall not
be permitted or empowered 10 carry any
1 freight upon said railroad lines for hire,
except such baggage, parcels OF other
light articles as may be Carried to and
from the cars by passengers.
Item Is. Said second party shall run
their cars along the entire line of their
roads, and shall make whole trips along
the entire length Of the same, and shall.
from time 10 time, as the limits of the
Corporation Of the City of Memphis may
be extended, complete and operate their
said lines to said corporate limits, the
first party reserviHg the right 10 regulate
the frequency Of trips, and prohibit a
greater rate Of speed than seven miles
per hour.
Hem "a. The President or Secretary
Of said Company shall ON the first
day Of January and July Of each
year, make "a statement under oath
to the Board Of Mayor and Alder
men showing the number of full
passengers, carried in any Of their cars
the preceding six months, and shall, upon
the same day, pay into the treasury of
the city Of Memphis the sum Of one-half
cent for each passenger so carried, in spe-
Gle or its equivalent in currency.
Item 10. said Company shall, in all in
stances, be liable for all injuries and dam
ages resulting 70 any person or the prop
erty Of any person, through the careless
ness or negligence Of any Of the servants
OF employees Of said Company, but the
second party shall not be liable for n
injury 20 any person by means of any |
hurt, accident, or injury, received in get
ting ON or of Of the front platform Of any
of said COmpany's cars.
TEN 10. That after the expiration Of
thirty years from the ratification Of this
agreement by the Board Of Mayor and
Aldermen Of the City Of Memphis. the
City of Memphis shall be the owner, and
is hereby invested with all the rights Of
the property Of said Company in and 70
all tracks, switches, ears, stables, lands,
leases, horses, mules, houses, tools, shops,
and all other property Of every nameand
description used in pursuance Of this con-
tract, AZ the time owned by said Com
pany; provided, the said City Of Mem
phis shall pay to said second party the
full cash value Of the same, to be deter
mined by the valuation Of arbitra-
tons, We 10 be selected BY oach
Of the partieshereto, and the fifth 10 be
selected by said four arbitrator. But il
is undeTstOOdthat the rights Of the second
party, under this contract, and future
contracts, and ordinances of the Board Of
Mayor and Alderman of the City of
Memphis, shall continue, and their rights
Of property shall continue, until the pay
ment TO the second party of the full sum
Of money, 10 be asc~ertainedin themanner
herein before provided for.
Item II. Said company shall, in the
construction of their roads, use the best
material used in other cities in the con-
of first class roads, and shall
use clean, neat, aud well constructed ears,
and shall in all cars operated after sun
down, and before sunrise, use ~cOlOredhead
and rear lights. No ear shall be stopped
90 as in any manner, 10 impede any ]
street crossing, except TO avoid collision J
other accident, and except, further, !
hat the rear platform may so far project
Dver any crossing rs 10 permit passengers q
he use ofthe same, nor shall any car be 7
permitted TO remain standing upon any :
# said tracks, except for the legitimate ?
Of the ingress and egress of pas r
engers, and for the passage Of ears, when
single track and switches are used. No =
aarshall be driveu at q faster rate of speed y
han a walk in turning n corner Of
NY street. At all crossings or intersac- Y
Of streets, the driver or conductor )
f each ear shall notify its passengers Of
he name Of the same, aud shall afford
ii proper facilities for passengers 20 get u
N or of the cars. The ears shall at all G.
INES be entitled 10 the use Of the track, 81
nd all persons and vehicles be required .
o vacate the same at the approach Of I
be cars, so a. not TO impede or retard
heir rate of speed; and any person re- p
using or neglecting 10 AGATE said track !
hall be subject to arrest; and it shall he
lade the duty of the police force of the
'itV Of Memphis 20 care for the OBJ q
arvance of this provision. G
Item IS. No grant Of privileges herein p
nall be construed to Interfere in any 81
manner, with the rights of the Fire De 81
artment of the City i'm ease of fire, or N
'hen engaged in any legitimate duty "
uriug any fire but, in all such cases, il q
understood that said Fire Department
hall have free use of all the streets, and
f the tracks of said Company.
Item 10. In case Of the refusal Of said
acond party to promptly pay the s.
herein before provided for, the ie
aid city shall have the right to dis ,
-sin any of the movable property of q,
AID company, when the same shall have /,
cen legally a~scertained to be due upon =
he order Of the Comptroller of the CITY !,
f Memphis, and TO sell the same at pub =
C cutlery 70 the highest bidder for cash, ?
fter ten days notice in any daily paper :
ublished in the City Of Memphis, and Z
he proceeds Of said sale shall be applied =
D the payment Of said sax, and no other -
shall be needed 10 authorize said :
and sale han the order of said "
comptroller. =
Item -. Said second party shall pay =
lch other taxes, in addition 10 the one /,
alf cent heretofore provided for, on all h
used by them within the cOrpo- y
ate limits Of the City Of Memphis, a j
lall be assessed against other taxpayers
pom the same classes Of property within e.