Chap. 47.—An ACT relating to the Alexandria Canal and Railroad.
Passed April 17, 1867.

Whereas, by an act of the general assembly of the state of
Virginia, passed February sixteenth, eighteen hundred and
sixty-six, the Board of public works were authorized to unite
with the corporate authorities of the city of Alexandria in
making a disposition of the Alexandria canal, if the same
should be necessary in order to repair and make the 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 the vote of a
large majority of the stockholders of the Alexandria canal
company, authorize, empower and direct the president and
directors of said canal company to lease the said canal for
the period of ninety-nine years; and whereas the said presi-
dent and directors, in pursuance of said authority, did, on the
sixteenth day of May, Anno Domini eighteen hundred and
sixty-six, grant, lease and convey said canal, its aqueduct, locks,
banks, land, gates and buildings, unto the grantees therein
named, upon certain conditions and reservations therein set
forth, under which the lessees have entered into, possessed
and repaired said canal, locks, agueduet and banks: There-
fore,

1. Beit enacted by the general assembly of the state of
Virginia, That the said grant, lease and conveyance be and
the same is hereby sanctioned, ratified and confirmed, and
the said president and directors of the Alexandria canal
company, by and with the concurrence of the corporate au-
thorities of Alexandria, are hereby authorized and empow-
eyed to execute any and all other leases, agreements and con-
veyances that may become necessary to render the said grant
valid and effectual.

2. That the said lessees and their associates, their heirs and
assignees, are hereby authorized and empowered to erect,
build, operate and maintain actoss the Potomac river, upon
and over the stone piers upon which the aqueduct now rests,
a new aqueduct of wood, iron or stone, and also in con-
junetion therewith a bride of the same material, with one
or more ways tor the passage of persons, animals, wagons
and other vehicles, and also with one or more tracks or ways
for the passage of engines and cars, with such other conve-
niences as are ustial and necessary for a railroad.

3. It shall be lawtul for the said lessees, their associates
and successors, to lay out, construct, maintain and operate a
railroad across said bridge, and from the southern or Virgi-
nia end of the aqueduct to the city of Alexandria, and to
connect with any or all railroads having a terminus at Alex-
andria, as well as with any railroad running to the city of
Georgetown, on the north side of the Potomac river; and
it shall be Jawtul for the said lessees, their associates and
successors, to lay out, build, maintain and operate said rail-
road upon the berme bank of said canal, in whole or in part,
with power and authority to diverge therefrom when and as
often as may be necessary, in order and for the purpose only
of obtaining the best and most direct route between said
aqueduet and the city of Alexandria: provided, however,
that said railroad shall not run through or occupy any street
In the eity of Alexandria without the consent of the corpo-
rate authorities of said city; nor shall the said lessees, or
those claiming under them, construet, build or operate under
the provisions of this act, or the act allowing the construe-
tion of branch roads, any railroad which does not com-
mence or terminate at the city of Alexandria: and provided
further, that said railroad shall not be so laid out, constructed
or operated as to prevent the convenient and legitimate use
of the said canal as a canal, and for the transportation
of persons and property by water: provided the said

railroad and bridge shall be open to the use of any rail-
road. company heretofore or hereafter chartered by the
state of Virgima; and the engines and trains of any such
company may pass over it upon such terms and according to
such schedule as may be agreed upon with said Alexandria
canal and railroad company, or in case of any failure to agree
thereupon, upon such terms and according to such schedule
as the Board of public works may from time to time pre-
scribe; and if at any time hereafter, a bridge shall be built
across ‘the Potomac river at or near the terminus of the said
Alexandria canal and railroad, so as to allow a connection by
railroad between the two sides of the river, the said bridge
and railroad shall in like manner be open to the use of all or
any of the railroad companies on either side of the river, de-
siring to make the connection north and south by means of
said railroad, upon such terms and according to schedule to
be agreed upon or prescribed as hereinafter provided. To
this end it shall be the duty of the said Alexandria canal and
railroad company to provide all such tracks, sidings, switches
and other conveniences as may from time to time be found
requisite; and if at any time a question shall arise as to what
is proper to be done in that behalf, the same shall be deter-
mined by the Board of public works, who shall have full
power and authority to prescribe and enforce what may be
necessary. .

4. It shall be lawful for said lessees, their associates and
successors, to transport passengers, freight and baggage over
said railroad and bridge, and to collect fare and tolls for the
same; or they may lease or convey said railroad and bridge,
or the right to use the same, subject, however, to all the
rights of the Alexandria canal company, to any company,
railroad or rauroads, that may desire to make a connection
over they same; and they may have such other powers and
under such restrictions as are provided in the general railroad
laws of the state of Virginia. It is further provided that, in
case the Alexandria canal company shall at any time elect, as
by the said lease they have the right to do, to re-enter and
take possession of said canal, they shall also have the right,
at tlle same time, to take possession of, own and possess the
said railroad and bridge, with all the appurtenances, by first
paying to the said lessees the actual value of the super-added
or super-imposed works, to be ascertained by reterees, to be
equally chosen by the president and directors of the said
Alexandria canal company, and the lessees or their represen-
tatives, the said referees to choose an umpire, if one should
become necessary in order to ascertain such values; but if
the said canal company, when so re-entering and resuming
possession of the canal, shall not elect so to acquire the said
railroad and bridge, with the super-added and super-imposed
work, then said road, with all its property, rights and ettects,
shall be deemed to be and remain the property of the lessees
and their associates, their heirs and assignees, with full power
to maintain and use the same until such time as the canal
company may elect so to'acquirethe same. The said lessees,
their successors and assigns, shall repair all injuries and be
liable for all damages which may at any time be done to the
canal by said railroad, or which may be caused by the use of
any of the canal property for the purposes of the railroad.

». That the said lessees and their associates, their heirs and
assigns are hereby required, within two years after the pas-
‘age of this act, in consideration of the privileges hereinbe-
lore conferred, te erect and build a new, substantial trunk
over and on the piers of said aqueduct, of stone, iron or wood;
and the said trunk, as well as the whole line of the canal,
during their lease or possession, shall be by them kept in good
and sufficient repair, so as to enable the free transit of trade,
travel and commerce, without hindrance or obstruction, unless
through unavoidable accident or mischance; and in the event
that the said lessees and associates, their heirs or assigns, snail
fail so to do, they shall forfeit all the rights and privileges
conferred by this act, and likewise all their right, title and in-
terest in said bridge, canal and aqueduet, with the improve-
ments thereon, to the Alexandria canal company.

6. That no bridge over the canal or aqueduct shall be built

in accordance with this act, of less height in the clear above
the full water line than thirteen feet.
7. That it shall be lawful for the Alexandria canal com-
pany, and they are hereby expressly required to demand and
have one cent per passenger and one cent per ton for all per-
sons and freight, respectively, transported upon said railroad.
to be applied first to the payment of a bond for fifteen thou-
sand dollars, executed by the said canal company and the cor-
poration of Alexandria, and guaranteed by the state of Vir-
ginia, by virtue of an act of the general assembly, passed
April the fourth, eighteen hundred and forty-eight; and it
shall be lawful, moreover, for the said canal-ecompany, if 1
shall so determine, unless they shall be preeluded by their
lease of the sixteenth day of May, eighteen hundred and sixty-
six, to the lessees of the canal, to require of said lessees other
compensation in such measure as may be agreed upon for the
privileges hereby conferred in the uses of the berme bank ot
the canal and the piers of the aqueduct across the Potomac
river.

%. It shall not, however, be lawful to carry into effect the
provisions of this act, without the consent first obtained vt
the president and directors of the Alexandria canal company.

9. ‘This act shall be in force trom and after its passage, and
shall be subject to amendment, modification or repeal, at the
pleasure of the general assembly.