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130

unto Irving Ballard, the right and privilege to lay
down and maintain an iron railroad track or tracks
within City of Seattle as follows, viz:
Along Commercial Street, Mill Street, Front Street.
Second Street and Third Street, and to operate and
run cars thereon to be drawn as hereinafter provided,
and to convey for hire, passengers and their baggage
thereon.

SEC. 2.-- {As amended by Ordinance No. 213.}
That said Irving Ballard or his assigns shall plank,
pave or macadamize that portion of the street or
streets, along which their said railway shall be laid,
the whole length of said railway, between the rails
and for a width of one foot on each side of the track,
of same material used by and whenever said city
shall plank, pave or macadamize said street to keep
the same repair. The said Railroad Company is to
plank, pave or macadamize that portion of the street
occupied by said railway, and one foot in width on
each side of the track at all street crossings before
operation of said railway.

SEC. 3.-- The tracks of said railways in those streets
where double tracks shall be laid shall not be more
than five feet apart between rails, and shall be laid
as nearly as possible in the middle of the street and
flush with the pavement, so as to offer as little ob-
struction as possible to the crossing of vehicles; and
where the lines crossing each other intersect, the rails

131

shall be out so as to permit the passage of cars, and
to offer no obstruction to the free use of the street by
the public.

SEC. 4.-- For the purpose of laying down or re-
pairing such railway no street shall be obstructed for
a greater distance than the length of one block at any
one time, nor for a longer period than ten working
days, except that in case of excessive bad weather the
Common Council may extend the time aforesaid at its
discretion.

SEC.5.-- {As amended by Ordinance No. 213.}
The cars to be used upon said railway shall be im-
proved enclosed cars and shall be provided with
brakes and other necessary appliances for stopping
the same when required. The cars shall be drawn by
horse or mules only; the rate of speed shall not ex-
ceed eight miles per hour, and any case of violation of
this clause shall subject the owner or owners of the
said railway to a fine not exceeding twenty-five dollars
for each offence, on conviction before the Justice of
the Peace of the City. The rails to be used for the
railway shall be of good iron and must be a T rail;
the cars shall be run at all convenient hours of the
day and night, for the accomodation of the public.

SEC. 6.-- It shall be unlawful for any person or
persons to obstruct the railway herein provided for
either during the construction or operation of the
same, and any person or persons, carelessly or willful-

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