Chapter CCLXIII. *to authorize “The Chesapeake Bay and Potomac River Tidewater Canal Company” to enter the District of Columbia, and extend their Canal to the Anacostia River at any Point above Benning’s Bridge.*July 26, 1866. *Be it enacted by the Senate and House of Representatives of the United States of America
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CHAP. CCLXIII.— An Act *to authorize “The Chesapeake Bay and Potomac River Tidewater Canal Company” to enter the District of Columbia, and extend their Canal to the Anacostia River at any Point above Benning’s Bridge.*July 26, 1866. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, The Chesapeake Bay, &c. Canal Company may extend its canal to Anascostia River;That “The Chesapeake Bay and Potomac River Tide-water Canal Company,” incorporated by the general assembly of the State of Maryland, at the January session thereof, eighteen hundred and sixty-six, by an act entitled “An act to incorporate the Chesapeake Bay and Potomac River Tide-water Canal Company,” be, and the same are hereby, authorized to extend their canal from the point where it strikes the boundary line of the District of Columbia, thence in and through the said District to the Anacostia River at any point thereon above Benning’s bridge.
Sec. 2. *And be it further enacted*, may take and hold property necessary for proper construction of extension, &c.That the said company are hereby authorized and empowered to take, purchase, and hold, for the purpose[s], of this act, so much real estate and other property as shall be necessarily required for the proper construction of the extension aforesaid, and for the construction of all proper and convenient basins, locks, reservoirs, docks, and wharves, to be connectedProceedings where land can- with said extension.
And where the said company shall not be able to procure such real estate by purchase 254THIRTY-NINTH CONGRESS. Sess. I. Ch. 263. 1866.not be purchased, or the owner is under disability.from the owner thereof, or the owner thereof shall be a femme covert, infant, non compos mentis, imprisoned, or resident beyond the District of Columbia, then application maybe made by the president of said company to the chief justice of the supreme court of the District of Columbia, for the appointment of three persons, who shall be freeholders in Commission of inquest of damages.said District, as a commission of inquest of damages, and who shall go upon and inspect any property proposed to be taken by said company for the purposes contemplated by this act; and before any person so appointed as such commissioner shall proceed to act, he shall take an oath or affirmation that he will fairly and truly value the damages sustained by the owner or owners of any property by the use and occupation of any such real estate, water rights, or Report to be made.other property, by said company; and said commission shall reduce their inquisition or finding to writing, and sign and seal the same, and it shall then be returned to the said chief justice, who shall file the same in the office of the register of deeds of the city of Washington.
But no such Notice.inquisition shall be had until after ten days’ notice thereof has been served on the owner of the real estate so to be taken, when he resides in the District of Columbia, or by publication of notice in one or more of the daily newspapers published in the city of Washington, for twenty days where such owner resides beyond said District. When the owner is a femme covert, the notice shall be to her and her husband; when he is a minor, to his guardian; and when he is non compos mentis, to his committee, or the person having charge of Report to be confirmed.Inquest may be set aside.his estate.
The said report shall be confirmed by the supreme court of the District of Columbia at its next term after the return of said report, unless for cause shown to the contrary. And where good cause is thus shown, the said chief justice shall set aside said inquest, and appoint another New commission and inquisition from time to time.Property taken to be described, and valuation paid.Company to pay expenses of inquisition.similar commision, who shall qualify in the same manner, and whose inquisition shall be taken, returned, filed, and confirmed, or set aside for good cause shown, in the same manner as the first inquisition was taken, returned, filed, and confirmed, or set aside.
And such commission and inquisition shall be renewed as often as may be necessary, until the inquisition made shall be confirmed. Such inquisition shall describe the property taken by metes and bounds, and the valuation thereof shall be paid or tendered within ten days after the confirmation of such inquisition by said district court; and when such valuation or damages are so paid or tendered, said company shall have a full and perfect right to enter upon, use, occupy, and enjoy any property so valued during its corporate existence, and all expenses incurred by such inquisition shall be paid by said company.
Sec. 3. *And be it further enacted*, Tolls and rents.That it shall be lawful tor said company to levy, demand, and receive such even tolls and rents for the use of the wharves and docks of said company on said extension, or for freight transported by said company, or tor the pasage through said extension of boats, rafts, or any other water craft, as a majority of the directors at any regular meeting shall assess therefor: *Provided,* That the Congress of the United States shall at all times have power to increase or reduce such tolls or rents.
Sec. 4. *And be it further enacted*, Canal extension to be a public highway.That the said canal extension, when completed, shall forever thereafter be esteemed and taken to be a public highway for the transportation of all goods, commodities, or produce of every kind and description, and for all canal boats, rafts, or other water crafts of every kind whatever, upon the payment of such tolls or rents as are authorized to be imposed by this act. Sec. 5. *And be it further enacted*, Public property of the United States to go through free of tolls.Company when required to give Congress an account of receipts and expenditure:, &c.That the said company shall permit all public property belonging to the United States to pass through said canal extension free of all charge or toll; and the said company shall, from time to time, as may be required, lay before Congress a just and true account of their receipts and expenditures on said extension, with a statement of the clear profits thereof.
THIRTY-NINTH CONGRESS. Sess. I. Ch. 263, 264, 265, 266. 1866.255 Sec. 6. *And be it further enacted*, Provisions of charter to apply to extension, subject, &c.That, subject to the aforesaid provisions of this act, all and singular the provisions of the aforesaid act of the general assembly of the State of Maryland, entitled “An act to incorporate the Chesapeake Bay and Potomac River Tide-water Canal Company,” relating to the powers, liabilities, and authority of said company, in operating and using their canal, shall take effect and apply to the extension aforesaid in the District of Columbia.
Sec. 7. *And be it further enacted*, Act to be a public act, and when to take effect.That this act shall be deemed a public act, and shall take effect and be in force from and after its passage, and shall be subject to alteration or repeal by Congress. Approved, July 26, 1866.