Chapter II. *supplementary to an Act entitled “An Act to authorize the Extension, Construction, and Use of a lateral Branch of the Baltimore and Potomac Railroad into and within the District of Columbia,” approved February 5, 1867*
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CHAP. II.— An Act *supplementary to an Act entitled “An Act to authorize the Extension, Construction, and Use of a lateral Branch of the Baltimore and Potomac Railroad into and within the District of Columbia,” approved February 5, 1867*. March 18, 1869.1867, ch. 39.Vol. xiv. p. 387. 1870, ch. 32, 142. *Post*, pp. 78,161. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Baltimore and PotomacBaltimore and Potomac R.
R. Co. may enter Washington, &c. by either of two routes. Railroad Company, which, by the act of Congress entitled “An act to authorize the extension, construction, and use of a lateral branch of the Baltimore and Potomac railroad into and within the District of Columbia,” was authorized to extend into and construct within the District of2FORTY-FIRST CONGRESS. Sess. I. Ch. 2. 1869. Baltimore and Potomac R. R. Co.Columbia the lateral branch of its road in said act of Congress mentioned, may enter the city of Washington with their said railroad and construct the same within the limits of said city on and by whichever one of the two routes herein designated the said company may elect and determine upon, that is to say :
First. First route.Beginning at the intersection of Boundary Street and North Carolina Avenue; thence southwestwardly along said North Carolina Avenue to South D Street; thence along South D Street westwardly to Virginia Avenue ; thence along Virginia Avenue northwestwardly to the intersection of South C Street and West Ninth Street; or, Second. Second route.Beginning at some point on the northern shore of the eastern branch of the Potomac river between South L and South M streets; thence westwardly between said streets to the intersection of Virginia Avenue with South L and East Twelfth streets; thence along said Virginia Avenue northwestwardly to South K Street; thence along said South K Street westwardly to South Fourth Street; thence by a line curving to the right, to the north bank of the canal; and thence along the said bank of the canal northwestwardly to Virginia Avenue ; thence along Virginia Avenue northwestwardly to the intersection of South C and West Ninth streets.
Sec. 2. Settlement of land and other damages.*And be it further enacted*, That in all cases where the parties owning land or other property required by the said Baltimore and Potomac Railroad Company cannot agree with said company on the amount of damage claimed, either for said land or materials in the construction of its aforesaid road, and a condemnation and valuation shall have been made as provided in the act approved February five, eighteen hundred and sixty-seven, and to which this act is amendatory, either party may appeal to the supreme court of the District of Columbia within thirty Provision in cases of appeals by the company;days from the rendition of the verdict of the jury; and in all cases where the said company shall take an appeal they shall give bond to the party or parties claiming and entitled to damages in a penalty at least double the sum found by the jury, with a condition that the said company shall pay or cause to be paid such amount of damages and costs as the party may be entitled to receive on the judgement of the said supreme court, without delay, and on which bond ample and sufficient sureties shall be given, to be approved by the supreme court; and in all cases where the by the claimants.party or parties claimant shall appeal, the said company, if it shall require the immediate use of the property condemned and valued as aforesaid, before an appeal can be heard and decided, it shall be lawful for the said company to execute and tender a bond to the party aforesaid in at least double the sum found by the jury, with sureties to be approved by the supreme court, and with a condition to pay without delay such sum and costs as may be awarded by the said court without further delay; and upon the delivery or tender of such bond the said company The company may proceed to construct the road, pending the appeal, upon, &c.Where price is agreed, amount to be paid before property is taken.may proceed to the construction of their said road as if the parties claimant and the said company had agreed upon the compensation to be paid for the property to be used ; and that in all cases where the said company shall appeal and give bond as aforesaid, they may have the power to proceed in the construction of the road and appropriation of the property for the uses thereof, as if no appeal had been taken and the parties had agreed upon compensation for the property required; in all cases where the company and parties agree upon the price to be paid for land and materials, the same shall be paid before the property shall be taken and used.
Sec. 3. *And be it further enacted*, That the said Baltimore and Potomac Appeal to the supreme court of the District.Jurisdiction of the court.Railroad Company and any other party or parties interested, and who may consider themselves aggrieved by the verdict of the jury, shall have the right to appeal to the supreme court of the District of Columbia, which shall have jurisdiction of all such cases, and shall hear and deter-3FORTY-FIRST CONGRESS. Sess. I. Ch. 2, 3, 5. 1869.mine the same, after notice to all parties, without the intervention of a jury, and the judgement of the said court shall be final.Judgment.
Sec. 4. *And be it further enacted*, That this act shall take effect fromWhen act takes effect. the date of its passage. Approved, March 18, 1869.