Page:United States Statutes at Large Volume 16.djvu/607

 FORTY—FIRST CONGRESS. Sess. IH. Ch. 121, 122. 1871. 573 » Bridge Company, or any other company, or person, to proceed in the SP¤*;¤.°g>;j*d8• erection of the bridge now being coustruct.e§ over the Ohio river from gxgjygm é?,,, the city of Cincinnati, Ohio, to the city of ewport, Kentucky, and the cinuati to New- approaches thereto, unless the said bridge shall be so constructed that Y°”·K7·? S the channel span of four hundred foot, as now located, shall have under said span a clear headway, at. low water, of one hundred feet below any point of said channel span, and in such case no draw shall be required ¤° WWW _ in said bridge ; all the other spans of said bridge, which cover the Ohio &°' ` river, to low-water mark, shall have a clear headway of not less than seventy fact above low-water mark, and the other spans of the said bridge, extending to each shore, may be made of less elevation than seventy feet above low-water mark, to accommodate a. regular grade for tho approaches to said bridge. And when the foregoing requirements B¤’WK°·&°·*¤ shall have been complied with by tho said Newport and Cincinnati :,j,:¤P°§QT°°°° Bridge Company, the location of said bridge, its structures, and ap- ’ proachcs, shall thereupon be deemed to be legalized, and declared to be lawful structures, and shall be recognized and known as a post-route. The plans for changes in such bridge, made necessary by this act, shall Plan to be upbo submitted by said company to the Secretary of War for his approval. f;;:;;}? And, in the event of the bridge company making the changes provided when the for in this act, it shall be lawful for the said company, after they shall b'idK° %°”;H*“'7 have made tha changes in said bridge, and the approaches thereto, as ]QQ:,:°:, °&,,f°n herein provided, to filo their bill in equity against the United States in nyaytgle e. bill in the circuit court of the United States for the southern district of Ohio, °“`°“" °°“‘°· and full jurisdiction is hereby conférrcd upon said court to determine: first, whether the bridge, according to the plans on which it has -pr0— gressed at tho passage of this act, has been constructed so as substantially to comply with the provisions of law relating thereto; and, second, the liability of the United States, if any there bc, to tho said company by reason of the changes by this act required tcrbo made; and if the C<>¤¤‘¢f¤d6¤id¤ said court shall determine that the United States is so liable, and that WML said bridge was so being built, then tho said court shall further ascertain and determine the amount of the actual and necessary cost and expenditures reasonably required to be incurred in making the changes in the said ·bridgo and its approaches as hereby authorized or required, in excess of the cost of building said bridge and approaches, according to the plan proposed, before the changes required by this act to be made. And the said court is hereby further authorized and required to proceed therein to final decree as in other cases in equity. And it shall be law- Appeal vo the ful for either party to the said suit to appeal from tho final decree of the S“P’°m° C°“"‘ said circuit court, to the Supremo‘Court of the United States as in other cases, and tho Supreme Court shall thereupon proceed to boar and determine the said case and make a final decree therein, and thereupon, if such decree shall be in favor of said company, the Secretary of the xsf fgrwi d•?<=;§¢ Treasury of the United States shall, out of any moneys in the treasury c0Q;‘p:;';:`5m ° not otherwise appropriated, pay to the said company such sum of money Szcrotury of the as shall by the said Supreme Court be so decreed to be paid to the said £:*;*;;>;;:J:,**Y company: Provided, nevertheless, That no money shall be pancl by the the d.,,,m Secretary of the Treasury to the said company until the Supreme Court Pmviwof the United States, upon appeal taken as aforesaid, shall render a Hua} decree in the case in favor of said company. APPROVED, March 3, 1871. HAP. X .-— ct w in aze rm Texas Paei Railroad Gam, and to Mm·ch8, 1871· C O XILJ inAt;L'c12'ms i¢s Road, and for ger Purposes. pany Be it enacted by the Senate and House of Represmteuives of the United States of America in Congress assembled, That John C. Fremont, James L. Alcorn, G. M. Dodge, O. C. French, John D. Caldwell, J. J. Noah, A.