Page:United States Statutes at Large Volume 25.djvu/457

 FIFTIETH CONGRESS. Sess. I. Ch. 860. 1888. 411 number eight, thirty-tive thousand dollars; and for continuing improvemen s. The Secretary of War be, and is hereby, authorized and directed a%*‘j,`FE§§§0,g€“‘°°k to negotiate for and purchase, at a cost not to exceed one hundred giiitei; Navigalilitrii and sixty-one thousand seven hundred and thirty-three dollars and C°”“”"’° thirteen cents, lock and dam number seven, otherwise known as "the Upper Lock and Dam/’ and its appurtenances, of the Monongahela Navigation Company, a corporation organized under the laws of Pennsylvania, which lock and dam number seven and its appurtenances constitute a part of the improvements in water communication in the Monongahela River, between Pittsburgh, in the State of Penngylvania, alml ca ploint at (Er nes? ldlorgianteiwn, in the State of West irginia. n the sum o one un re an sixty-one thousand seven hundred and thirty-three dollars and thirteen cents, or so much thereof as may be necessary, is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, for consummating said `purchase, the same to be paid on the warrant of the Secretary of ar, upon full and absolute conveyance to the United States of the said lock and dam number seven, and its appurtenances, of the said Monongahela Navigation Company. In the event of the inability of the Secretary of War to make ccg&*§§€m¤¤°i°¤ Pm voluntary purchase of said lock and dam number seven and its ap- gs" purtenances for said sum of one hundred and sixty-one thousand seven hundred and thirty-three dollars and thirteen cents, or a less sum, then the Secretary of War is hereby authorized and directed to institute and carry to completion proceedings for the condemnation of said lock and dam number seven and its appurtenances, said condemnation proceedings to be as prescribed an regulated by the rovisions of the general railroad aw of Pennsylvania, approved Pebruary nineteenth, eighteen hundred and forty-nine, and its supplements, except that the United States shall not be required to give any bond, and except that jurisdiction of said proceedings is hereby given to the circuit court of the United States for the western district of Pennsylvania, with right of appeal by either_party to the Supreme Court of the United States: Provided, That in estimating ggglehu val the sum to be aid by the United States, the franchise of said cor- ‘ g "°‘ poration to collect to is shall not be considered or estimated; and the sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any moneys in the Treasury not otherwise a propriated, to pay the necessary costs of said condemnation proceedings; and upon final judgment eing entered therein the Secretary of War is hereby authorized and directed to draw his warrant on the Treasury for the amount of said judgment and costs. and said amount for the payment thereof is hereby appropriated out of any moneys in the Treasury not otherwise appropriated. And or>=·¤¤¤¤i¤¤s<•e·>¤i><-¤¤.·¤<>¤x when said lock and dam number seven and its appurtenances shall have been acquired by the United States, whet er by purchase or condemnation, the Secretary of \Var shall take charge thereof, and the same shall thereafter be subject to the provisions of section four of gm act entitled "An act making appropriations for the construe- \’·>1.2‘3,p.147. tion, repair, and preservation for certain public work on rivers and harbors, and for other purposes," approved July fifth, eighteen hundred and eighty-four. _ _ _ _ t b pd Om Riverl`he Secretary of War is authorized a11d directed to appoin a oar Board to Rpm on of three en rineer officers of the United States Army, whose duty it m<>v¤b1<= dams. shall be to thoroughly examine the Ohio river below Pittsburgh. as to the practicability of the improvement of the navigation of said river by means of movable dams; and said board shall report on or before the first Monday of December next. as to the feasibility and adyisability of such project of improvement, the number of dams required, their location. with the cost of the same together with the cost or