Chapter CCLXI. *relating to the Alexandria Canal.* July 27, 1868
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Chap. CCLXI.— An Act *relating to the Alexandria Canal.* July 27, 1868. Whereas by an act of Congress, on the twenty-sixth day of May, Alexandria canal. Preamble. 1830, ch. 104. Vol. vi. p. 419.eighteen hundred and thirty, the Alexandria Canal Company was incorporated, and authorized and empowered to construct, operate, and maintain a canal from Georgetown, in the District of Columbia, to Alexandria, in the State of Virginia, with an aqueduct across the Potomac river at Georgetown; and whereas by an act of the general assembly of the State of Virginia, passed on the sixteenth day of February, eighteen hundred and sixty-six, the board of public works was authorized to unite with the corporate authorities of the city of Alexandria in making disposition of the Alexandria canal, in order to repair and make said canal available; and whereas said board of public works did, in pursuance of said authority, so unite with said corporate authorities, and did by their joint vote, and a vote of the majority of the stockholders of said canal company, empower and direct the president and directors of the said canal company to lease the said canal for the period of ninety-nine years; and whereas the said president and directors, in pursuance of said authority, did, on the sixteenth day of May, eighteen hundred and sixty-six, grant, lease, and convey the said canal, its aqueduct, locks, banks, lands, gates, and property of all description to Henry H.
Wells, Philip Quigley, and William W. Dungan, the grantees therein named; and whereas afterward, and by an act passed by the general assembly of the State of Virginia, on the seventeenth day of April, eighteen hundred and sixty-seven, the said lease was ratified and affirmed, and the lessees were further authorized and empowered to build, operate, and maintain a new aqueduct, and in conjunction therewith a railroad and a road bridge across said piers, and build, operate, and maintain a railroad from Georgetown to Alexandria; and whereas the said lessees have entered into possession of and repaired the said canal, and have erected a new aqueduct across the said Potomac river upon the said piers connecting the Chesapeake and Ohio canal with the said Alexandria canal:
Therefore, *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the said aqueduct across Aqueduct across the Potomac from Georgetown declared a lawful structure; the Potomac river from Georgetown to the Virginia shore, and so connecting the said canals, is hereby declared to be a lawful structure in its present position and elevation, anything in any law or laws of the United States, or of any State, to the contrary notwithstanding.
Sec. 2. *And be it further enacted,* That the said lessees, their associates, may be maintained and operated, and bridge erected over it.their heirs, and assigns, are hereby authorized and empowered to maintain and operate said aqueduct, and to erect, build, operate, and maintain across the Potomac river from Georgetown, in the District of Columbia, to the Virginia shore, upon and over the stone piers upon which the aqueduct now rests, in conjunction therewith, a bridge of wood, iron, or stone, with one or more ways for the passage of persons, animals, and vehicles, and also with one or more tracks or ways for the passage of engines and cars, with such other conveniences as are usual or necessary for a railroad.
Sec. 3. *And be it further enacted,* That it shall be lawful for the said A railroad may be maintained, &c. across the bridge.lessees, their associates and successors, to lay out, construct, maintain, and 232 FORTIETH CONGRESS Sess. II. Ch. 261, 262. 1868.operate a railroad across said bridge from Georgetown, in the District of Columbia, to the Virginia shore, and there to connect with said railroad. Sec. 4. *And be it further enacted,* That as soon as the chief engineer Rates of tolls established;of the army shall certify to the Secretary of War that the said bridge is so far completed as to be ready, fit, and convenient for the passage of persons, animals, and vehicles, the said lessees, their successors, and their legal representatives, may demand, have, and receive, in advance, the following tolls, to wit:
For any foot passenger crossing on said bridge, two cents; for any horse, mule, or jack, any ox, or other horned cattle, five cents; for any vehicle drawn by one animal, fifteen cents; drawn by two animals, twenty-five cents; drawn by four animals, thirty-five cents, but no extra charge shall be made for the driver of such vehicle; for any to be published in newspapers in city of Washington; may be commuted.hog, sheep, or other live creature, one cent; which certificate shall be published for three weeks in two daily papers in the city of Washington at the expense of the company: *Provided, however,* That it shall be lawful for said lessees to commute those rates to persons requiring yearly passes; which said rates, or other lower rates to be by them prescribed from time to time, the said lessees may demand in advance, or may sue for, have, and receive, of and from any person who shall pass over Penalty for injuring bridge or evading or attempting to evade toll.said bridge, or who shall send, ride, or drive any animal or vehicle over the said bridge without first paying said tolls.
And any person who shall attempt to injure said bridge, or to pass over the same, or to pass his animals over it, without first paying the tolls prescribed herein, or shall attempt to force said bridge, shall be deemed guilty of a misdemeanor, and be subject to a fine of not less than five dollars nor more than ten dollars for each offence, to be recovered in any court having jurisdiction of Proviso.misdemeanors in the District of Columbia: *Provided, however,* That a conviction for such misdemeanor shall not in any wise be a bar to any Bridge to be open for troops, &c. of the United States.suit brought to recover damages for an injury to said bridge: *Provided, however,* That said bridge is open and free for the passage of troops and munitions of war by the United States without charge or compensation of any kind.
Act to be void if bridge is not completed in five years. Sec. 5. *And be it further enacted,* That in case the said bridge shall not be fully completed within five years from the passage of this act, then this act shall be null and void. No one railroad to have exclusive rights, &c. Sec. 6. *And be it further enacted,* That said company shall not grant to any railroad or other corporation the exclusive right to transfer passengers or freight over said railroad bridge, but any privilege granted to one corporation shall be extended to all who may make application for such privilege on equal terms; and shall not sell, transfer, or lease their corporate rights to any company that will not check baggage or commute fares with all railroads north or south.
Act may be altered, &c. Sec. 7. *And be it further enacted,* That the right is hereby reserved to Congress to amend, alter, or repeal this act. Approved, July 27, 1868.