Page:United States Statutes at Large Volume 24.djvu/392

 FORTYNINTH CONGRESS. Sess. II. CHS. 21, 22. 1887. 359 reasonable rent for the use of the said buildings for the time (if any) the same have been occupied by the United States, and also a suitable indemnity for said buildings themselves; and the receipt of such rent and indemnity shall thereafter bar any further claim by said parties for the use of said buildings or for the value thereof; and betore receiving the same, all of said parties shall execute a release to the United States for all right, title and interest whatsover in and to the said property; and any defense, set-of, or counter claim maybe pleaded by the United States as defendants, as in cases within the general jurisdiction of the court, and either party shall have the same right of appeal as in such cases. Approved, January 17, 1887. ogg?. 22.-An act for the relief of the Greeusburgh Limestone Company and _],m_ 1y_ 1g8g_ Bc it enacted by the Senate and House of Representatives of the United ‘ States of America in Congress assembled, That the Greensburgh Lime- 9f¤¤¤¤b¤H;h stone Company, a corporation; duly organized under the laws of the L‘m°S'§,"§“%VCIi’0m‘ State of Indiana, William W. Lowe, Daniel W. Levett, and Oliver M. $32 ,,,;,1 john? Thompson, partners doing business under the iirurname of W. W. scanléu. Lowe and Company, and John L. Scanlon, being theparties of the second gart namedlin an eertaiucontract in behalf of the United States made y Samuel Hannaford, such contract being one for the delivery of certain stone as therein described for the erection of 2. custom-house and post·0$ce at Cincinnati, Ohio, and bearing date the twenty—iirst day of August, eighteen hundred and seventy-four, or the survivors of such _ parties, are hereby authorized and empowered to bring in the Court of b #“*h°¥’@°dC *° Claims a suit against the Government of the United States, upon the 0§"}§:{‘,;:s1”;-0r°`;1iE» said contract, for the damages by them sustained, in regard to the kgcd damages, premises in said contract provided tor, by reason of their being required, in the execution of such contract, by the superintendent and others in charge of the construction of the said building, to deliver stone, as is alleged, of sizes and character different from those called for in the said contract, or diiierent from those which they were entitled to deliver thereunder. And the said court is hereby authorized and directed to take jurisdiction in said case, and to render a judgment therein for whatever sum, if anything, shall be shown by the evidence to have been the increased cost, damage, and expense to which the said claimants were subjected by reason of their being required, as aforesaid, to deliver stone diiierent from that provided for in said contract, if the court shall hold that such requirement was not authorized thereby: Provided, That such recovery shall in no case be in excess of what Promo. shall appear from the said evidence to have been saved to the Govern- Revvvery _¤¤¤ *0 ment in avoiding loss or waste of stone, in the expense of cutting and &’;‘f:lf1um°:lQ“g °° litting the said stone for the structure or structures for which they ' were designed, as provided in said contract, and in handling and setting such stone in said structure or structures; the claimants in no case to recover for anything that they shall not show to have been done by them not required by the contract, nor for anything that they shall not show to have been saved to the United States in the cost of the building by reason of the departure therefrom. And in the said action each party to the same shall be entitled to give in evidence all competent and relevant testimony already heretofore taken and tiled in said court in a certain action, numbered eleven thousand nine hundred and seventy- two, heretofore prosecuted on said contract, and also all other competent and relevant testimony which either party may oiier in the case. And each party to the said cause shall be entitled to take an appeal from the judgment of the Court of Claims to the Supreme Court of the United States, as in other eases. Approved, January 17, 1887.