Code of the District of Columbia

Chapter 1. Railroads.


Subchapter I. Disposition of Property.

§ 35–101. Disposition of property — Sale of unclaimed freight and baggage.

Whenever any freight, baggage, or other property transported by a common carrier to, or deposited with a common carrier at, any point in the District of Columbia, shall remain unclaimed by the owner or consignee, or the charges thereon shall remain unpaid for the space of 6 months after arrival at the point to which the same shall have been directed or transported, or after deposit as aforesaid, and the owner or person to whom the same is consigned, or by whom the same shall have been deposited, shall, after notice of such arrival, or after notice to take away such property so deposited, neglect or refuse to receive the same and pay the charges thereon within such period of 6 months, then it shall be lawful for such carrier to sell such freight, baggage, or other property at public auction, after giving 3 weeks notice of the time and place of sale, once a week for 3 successive weeks, in a newspaper published in the District of Columbia.


(Mar. 3, 1901, 31 Stat. 1289, ch. 854, § 642.)

Prior Codifications

1981 Ed., § 44-101.

1973 Ed., § 44-101.

Section References

This section is referenced in § 35-102 and § 35-103.


§ 35–102. Disposition of Property — Where impractical to give notice or delay sale; sale authorized by court order.

Upon the application of such carrier, verified by affidavit, to the Superior Court of the District of Columbia, setting forth that the place of residence of the owner or consignee of any such freight, baggage, or other property is unknown, or that such freight, baggage, or other property is of such perishable nature, or so damaged, or showing any other cause that shall render it impracticable to give the notice or delay the sale for the period provided in § 35-101, then it shall be lawful for such Court to make an order authorizing the sale of such freight, baggage, or other property upon such terms as to notice as the nature of the case may admit of and to such Court shall seem meet.


(Mar. 3, 1901, 31 Stat. 1289, ch. 854, § 643; June 30, 1902, 32 Stat. 534, ch. 1329; Feb. 17, 1909, 35 Stat. 623, ch. 134; Mar. 3, 1921, 41 Stat. 1310, ch. 125, § 1; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 575, Pub. L. 91-358, title I, § 157(j).)

Prior Codifications

1981 Ed., § 44-102.

1973 Ed., § 44-102.

Section References

This section is referenced in § 35-103.


§ 35–103. Disposition of proceeds of sale.

The residue of moneys arising from any such sale, under either § 35-101 or § 35-102, after deducting the amount of charges, including charges for transportation, the cost of handling and storage, demurrage, and the costs and expenses of proceedings to authorize the sale, and of advertising and sale, shall be paid to the owner of such freight, baggage, or other property on demand.


(Mar. 3, 1901, 31 Stat. 1289, ch. 854, § 644.)

Prior Codifications

1981 Ed., § 44-103.

1973 Ed., § 44-103.


Subchapter II. 7th Street Substation.

§ 35–121. Abandonment of railroad substation authorized.

Upon the completion by it of the substitute facilities authorized by § 35-122 hereof, the Philadelphia, Baltimore and Washington Railroad Company is authorized, without any further or other authority, to abandon and remove the 7th Street substation built and maintained by it pursuant to the requirements of Act of February 3, 1909 (35 Stat. 593, ch. 63), and to abandon the ticket agency and baggage accommodations maintained by it pursuant to the requirements of said Act.


(July 25, 1935, 49 Stat. 497, ch. 415, § 1.)

Prior Codifications

1981 Ed., § 44-104.

1973 Ed., § 44-104.

Section References

This section is referenced in § 35-124.


§ 35–122. Waiting room on platform authorized.

In lieu of the said substation and facilities maintained at the intersection of 7th Street and C Street Southwest, in the City of Washington, the Philadelphia, Baltimore and Washington Railroad Company is authorized to construct and maintain on the train platform an enclosed waiting room for passengers, with convenient means of ingress and egress leading from and to the street level below.


(July 25, 1935, 49 Stat. 498, ch. 415, § 2.)

Prior Codifications

1981 Ed., § 44-105.

1973 Ed., § 44-105.

Section References

This section is referenced in § 35-121.


§ 35–123. Reversion of property to District of Columbia; adequate walkways provided.

The area in square south of 463 on the map of the City of Washington heretofore used for station purposes shall revert to the District of Columbia upon the completion of these improvements; provided, that the said Philadelphia, Baltimore and Washington Railroad Company shall construct and maintain thereon, subject to the approval of the Mayor of the District of Columbia, adequate walkways to the adjacent streets.


(July 25, 1935, 49 Stat. 498, ch. 415, § 3.)

Prior Codifications

1981 Ed., § 44-106.

1973 Ed., § 44-106.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 35–124. Right to alter, amend, or repeal reserved.

Congress reserves the right to alter, amend, or repeal §§ 35-121 to 35-123.


(July 25, 1935, 49 Stat. 498, ch. 415, § 4.)

Prior Codifications

1981 Ed., § 44-107.

1973 Ed., § 44-107.