Page:United States Statutes at Large Volume 25.djvu/217

 FIFTIETH CONGRESS. Sess. I. Cns. 36:2, 363. 1888. 171 Interior of such payment. it shall be the duty of the Secretary of the Interior to cause to be issued to the Leavenworth City and Fort Leavenworth Water Company a patent to the said lands, and on such deposit being made and notice to the Secretary of the Interior being given, the said company may enter upon, possess, use, and occupy the said lands. Approved, June 6, 1888. CHAP. 363.-An act authorizing the construction of bridges across the Cape Fear Jlllle 6· lss8- River, Black River, and the Northeast River, in the State of North Carolina. U; Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That the assent of k,§“{3§1l';,‘;,“§{“,;‘§}i",jd5; Congress is hereby given to the Cape Fear and Yadkin Valley Rail- C0mD¤¤y may bridge way Company, a corporation duly organized and existing under the i?:?;-5rIn€§;’s}i1&(i§§2¥$l laws of the State of North Carolina, its successors and assigns, to N°l`°ll C°’°ll"a· construct and maintain bridges, and approaches thereto, over the Cape Fear River at or near the town of Fayetteville, in the State of North Carolina, over the Black River, in the county of Bladen, and over the Northeast River, in the County of New Hanover, in said State, at such point or points as said railway company may desire or find most practicable in the final location of its road to the city of Wilmington Sec. 2. That said bridges shall be so constructed either by draw, lg¤¤b€-éggtw ¤¤;i— span, or otherwise, that a free and unobstructed passage may be g°1°° mm ' secured to all vessels, boats, or other water craft navigating said rivers. Sec. 3. That an bridge built under this act and sub'ect to its 'l`°l* lawful S¤‘¤¤*~ limitations shall bga lawful structure, and shall be recognized and ummm p°sfr°°°°S` known as a post-route, and shall enjoy all the rights and privileges of other post-roads of the United States. And equal privileges in the use of said bridge shall be granted to all telegrap companies; and the United States shall have the right of way across said bridge and its ap roaches for postal telegraph purposes. Sec. 4. That if either of said bridges authorized to be constructed l>¤“¤W¤· by this act shall be constructed as a draw-bridge the draw shall be opened promptly by said corporation upon reasonable signal for the passage of boats, and said company or corporation sha] maintain, _ at its own expense, from sunset to sunrise, such lights or other signals l·*Sll*·¤ on said bridge or bridges as the Light-House Board shall prescribe. No bridge shall be erected or maintained under the authority of this act, which shall at any time substantially or materially obstruct the free navigation of said river or rivers; and if any bric glo or bridges erected under such authority, shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction, and all such obstructions shall be removed and alterations made at the expense of the owner or owners of said bridge; Provided. That nothing in this act shall be so construed as Ixvgéiso. la to repeal or modify any of the provisions of law now existing in mg ‘”‘ reference to the protection of the navigation of rivers, or to exempt an bridge erected under this act from the operations of the same. Sec. 5. That all railroad com anies desiring the use of the bridge mQ*l;g%¤<>m¤¤¤l¢= constructed under this act shall {have, and be entitled to, equal rights Y ' and privileges, relative to the passage of railway trains. cars, and locomotives over the same, and over the approaches thereto. upon the pavment of a reasonable compensation for such use ; and in case the owner or owners of the said bridge and the several railroad companics, or any of them, desiring such use shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridge. all such matters of difference