Chap. 498.—An ACT to amend and re-enact an act entitled an act to amend
and re-enact an act entitled an act to incorporate the Mount Vernon avenue
association, approved February 18, 1890.

In effect February 22, 1900.

1. Be it enacted by the general assembly of Virginia, That an act
entitled an act to amend and re-enact an act entitled an act to incorporate
the Mount Vernon avenue association, approved February eighteenth,
eighteen hundred and ninety, be amended and re-enacted so as to read
as follows:

$1. Be it enacted by the general assembly of Virginia, That M. B.
Harlow, E. E. Downham, Frank Hume, Park Agnew, G. Wythe Cooke,
James R. Caton, William B. Smoot, J. K. M. Norton, C. C. Carlin,
Hubert Snowden, William F. Carne, C. C. Leadbeater, G. L. Boothe,
J. M. Hill, J. B. Henderson, J. Taber Johnson, A. B. Graham, James
E. Clements, Joseph E. Willard, R. Walton Moore, William H. Snowden,
Alexander J. Wedderburn, Stilson Hutchins, Beriah Wilkins, Crosby
S. Noyes, W. S. Knox, John Joy Edson, N. H. Shea, A. Greenleas,
Mathew Trimble, and Fred Mertens, are hereby made and constituted
a body politic and corporate, under the name and style of the Mount
Vernon avenue association, by which name the said corporation shall
be known, and under which it may sue and be sued, plead and be im-
pleaded, contract and be contracted with, and have perpetual succession,
and shall have and possess all the powers of corporafe bodies under the
laws of the state of Virginia.

§ 2. The incorporators herein named, and their associates and suc-
cessors, shall constitute a board of trustees for the management of the
business and affairs of the said corporation, and the officers of the said
board of trustees shall be a chairman, secretary, and treasurer, and
the secretary and treasurer of said board shall be ex officio secretary and
treasurer of the said association, and the officers of the said corporation
shall be a president, and as many vice-presidents as there are state and
territories in the Union, a secretary and treasurer, all of whom shall
be elected by the said board of trustees; and the said board of trustees
shall have power to increase its membership until the board shall con-
sist of a number equal to two trustees from each state and territory in
the United States; and shall fill all vacancies occurring in the board by
death, resignation, or otherwise; and shall remove any trustee for cause;
and shall have power to elect and receive persons into membership in
said association, and to adopt by-laws, rules, and regulations, with refer-
ence to the removal of trustees, and for the government of the said
corporation and board of trustees, not inconsistent with the laws of
Virginia and of the United States. The president of the United States
shall be ex officio president of the said association, and the governors of
the several states and territories of the Union shall be ex officio vice-
presidents of the said association; but in the event of their declining to
serve in such official capacity, the board of trustees may, in its discretion,
select any other citizens of the United States to fill the said offices. In
addition to the officers above named, the said trustees shall elect an-
nually an executive board of ten of their number to manage and conduct
the affairs of the said association, who shall be known as the board of
directors of said association; and the chairman of the board of trustees
shall be ex officio president of the said board of directors, and a majority
of said board of directors shall constitute a quorum. A majority of
the trustees shall always be sufficient for the transaction of any business
whatever.

§ 3. The said corporation shall have power to acquire the right of
way by condemnation, donation or purchase for a public highway or
avenue, and to construct, maintain and operate a public highway or
avenue not exceeding two hundred and fifty feet in width from some
point on the south side of the Potomac river opposite Washington,
District of Columbia; thence through the county of Alexandria passing
by way of or near the city of Alexandria on a line not east of Washing-
ton street in said city, and not exceeding one mile west of said street,
and thence through the county of Fairfax to Mount Vernon, over the
most practicable route to be selected by the board of trustees of said
corporation, and to keep said public highway or avenue in repair and to
beautify and adorn the same.

§ 4. The said corporation, its successors or assigns, are required to
commence the construction of the said public highway or avenue within
ten years from the passage of this act.

3 5. The said corporation shall have power to receive subscriptions,
contributions or aid from the United States, state of Virginia, or any
state or territory of the United States, or any county, corporation, person
or municipality thereof, to promote the objects aforesaid, and power
also should the United States undertake to construct, maintain and
operate said public highway or avenue to grant, convey, and release any
and all rights, privileges, powers, and authority possessed in the said
corporation under this act to construct, operate and maintain the said
public highway or avenue to the United States, which grant, convey-
ance and release, when executed to the United States, shall not be taken
to work a forfeiture, or held to be a surrender to the state of the rights
granted to the said corporation by this act. But the true purpose,
intent, and meaning of such grant, conveyance and release to the United
States shall be to pass to and convey all the rights, powers, and privileges
granted the said corporation by this act.

$6. Whatever is received by the association from any source shall,
without compensation to the trustees herein provided for, be expended
to open, construct, build, keep in repair, and beautify the said avenue,
and for such other charges as the said trustees may approve and de-
termine.

§ 7. The city of Alexandria is hereby authorized to aid in the con-
struction of said avenue in the city of Alexandria to the amount of
twenty-five thousand dollars, to be paid either in cash or in the bonds
of said city, as the city of Alexandria shall elect.

$8. The counties of Alexandria and Fairfax are hereby, and each
of them is, authorized to aid in the construction of said avenue by issu.
ing their respective bonds, not exceeding two thousand dollars for each
county per mile of said avenue, or by contributing the same amount ir
cash.

$9. The said corporation shall have power to condemn land, as th
power to condemn for public use is now detined and exercised for public
purposes under and by virtue of the general laws of the state of Virginia.
and in exercising said power in condemning lands for said avenue and
highway, advantages and benefits accruing to the owner of adjoining
lands, whose land is condemned for said avenue and highway by virtue
of the increase in value of said adjoining lands, shall be considered and
deducted from any damage which said party may sustain by virtue of
the condemnation proceedings herein contemplated for the purpose of
establishing said avenue or highway.

§ 10. Said trustees are hereby authorized to permit under restrictions,
regulations, conditions, and terms as said trustees, or a quorum thereof,
deem advisable, such means for carrying passengers over said avenues
as will not disturb the enjoyment of said avenue by ordinary private
vehicles and carriages and private means of travel: provided, steam shall
not be used as a motive power for carrying passengers.

§ 11. This association shall have jurisdiction and authority to keep
the peace on and over the said avenue and power to appoint special police-
men, with the advice and consent of the judge of the county or cor-
poration courts in whose jurisdiction they shall be employed, and said
policemen shall have and exercise the same powers now or hereafter con-
ferred upon constables and municipal officers conferred by the laws
of ne commonwealth of Virginia.

$12. The principal office of this association shall be in the city of
Alexandria, and its annual meetings shall be in said city on the last
Tuesday in the month of May in each year.
$13. This act shall be in force from its passage.