479

TWENTY-FIRST CONGRESS. Sess. II. Ch. 85. 1831.

City lots, &c.

Proviso: level.

Proviso: limit.

Proviso: Ca-nals protected.

Proviso: Rateof toll, &c.

Proviso.

Contracts foruse of cars.

Proviso: thecharges to berestricted.

Conveyance ofmail; &c.

individual, proper wagon ways across the said railroad, from one part of hisland to the other; but nothing herein contained shall be so construed asto authorize the entry by the said company upon any lot or .square, orupon any part of any lot or square, owned by the United States , or byany other body or bodies politic or corporate, or by any individual or in-dividuals, within the limits of the city of Washington, for the purposesaforesaid, of locating or constructing the said road, or of excavating thesame, or for the purpose of taking therefrom any material, or for anyother purpose or uses whatsoever; but the said company, in passing intothe district aforesaid, and constructing the said road within the same,shall enter the city of Washington at such place, and shall pass alongsuch public street or alley, to such point or terminus within the said city, asthe said company shall find best calculated to promote the objects of saidroad: Provided, That the level of said road within the said city shallconform to the present graduation of the streets, unless the said corpo-ration shall agree to a different level: And provided also, That the saidcompany shall not be permitted to take or terminate the said road westof the west side of seventh street west: And provided also, That the saidroad shall not cross, or interfere with, or infringe on the existing WashingtonCity Canal or the Chesapeake and Ohio Canal , their waters or basins, orany other canal which may hereafter be projected and executed to connectthe said Chesapeake and Ohio Canal with the aforesaid Washington CityCanal in its whole extent to the eastern branch of the Potomac : Providedalso, The rate actually charged and received on all that part of said roadwithin the district shall not exceed three cents a ton per mile for toll, andthree cents a ton per mile for transportation, except as hereinafter specified,and shall be the same each way: Provided also, That the privilegesgranted by this bill to the aforesaid railroad company shall be upon thecondition that the said company shall charge the same rate of toll uponthe same articles going east and west between Baltimore and Washington.

Sec. 2. And be it further enacted, That in addition to the chargesauthorized by said act of incorporation to be made by the Baltimore andOhio Railroad Company aforesaid, the said company shall be authorized,within the said district, to make any special contract with any corpora-tion, company or individual, for the exclusive use of any car, or of any partof, or place in, any car, or other carriage, on any railroad constructed bythe said company, for a specified time or distance, or both, or for thereceipt and delivery, or the transportation of merchandise or other valuablearticles, in boxes, parcels, or packages weighing less than one-tenth of aton, on such terms as may be mutually agreed on between the parties:Provided, That the charge for the transportation of merchandise orother valuable articles shall not exceed one cent per mile for any singlebox, parcel, or package weighing less than fifty pounds, and measuringin size not more than two cubic feet; and for any heavier or larger box,parcel, or package, weighing less than one-tenth of a ton, not more thantwo cents per mile. And the said company, in all cases where the wholeof the merchandise, produce, or other property, transported on their rail-road within the said district, at any one time, belonging to the sameperson, copartnership, or corporation, shall weigh less than a ton, andmore than half a ton, shall be entitled to charge and receive, for thetransportation thereof, at the same rate per mile as if it weighed a fullton; and if the same shall weigh less than half a ton, the charge permile may be the same as for half a ton; always estimating a ton weightto be two thousand pounds.

Sec. 3. And be it further enacted, That the said company are, also,hereby empowered to make such special contract with any duly autho-rized officer or agent of the United States , for the conveyance of the mail,or the transportation of persons or property for the use of the UnitedStates , on any railroad which has been or shall be constructed by the