Page:United States Statutes at Large Volume 26.djvu/1299

 FIFTY-FIRST CONGRESS. . I. {{sc|Chs.)) 853, 855, 858. 1890. 1247

CHAP. 853.—An act for the relief of Nathaniel McKay and the executors of Donald McKay.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the claims of Nathaniel McKay and the executors of Donald McKay for further compensation for the construction of the iron—clad monitors Squando and Nauset, and the side-wheel steamer Ashuelot, may be submitted by said claimants within six months after the passage of this act to.O°m° wm' the Court of Claims, under and in compliance with the rules and regulations of said court; and said court shall have jurisdiction to hear and determine and render judgment upon the same: Provided, P*°¤·¥¤>¤· however, That the investigation of said claim shall be made upon the following basis: The said court shall ascertain ,the additional cost _B¤¤i¤ of ¤¤¤¤¤1¤¤— which was necessarily incurred by the contractors for building the °°°‘ light-draught monitors Squando and Nauset and the side-wheel steamer Ashuelot in the completion of the same, by reason of any changes or alterations in the plans and s exzilications required, and delays in the prosecution of the work; Provided, That such addi- Aamuomueoszmm tional cost in completing the same, and such changes or alterations °“““‘°“·°°°· in the plans and specifications required, and delays in the prosecution of the work were occasioned by the Government of the United States; but no allowance for any advance in the price of labor or material shall be considered unless such advance occurred durin the prolonged term for completing the work rendered necessary by rieiay resulting from the action of the Government aforesaid, and then only when such advance could not have been avoided by the exercise of ordinar A rudence and diligence on the part of the contractors: And  farther, That the compensation fixed b the contractors and the Government for specific alterations in advance of such “p*§’,f“,{,‘§*§;'fm;§'?°° · alterations shall be conclusive as to the compensation to be made therefor; Provided, That such alterations, when made, complied with nmaum wmpny- the specifications of the same as furnished by the Government afore-  “’°‘"°°“' said: And provided further, That all moneys paid to said contractors by the Government over and above the original contract price for Deductions rm-psy- building said vessel shall be deducted from any amounts al owed by "‘°"“‘ said court by reason of the matters hereinbefore stated: And provided further, That if any such changes caused less work and ex- Deducuousrqmws penses to the contractors t an the ogitginal plan and specifications a ;‘,f,§,,‘}Q*,f°'°°"“‘ °" correspondin deduction shall be m e from the contract plrice, and the amount giereof be deducted from any allowance whic may be made by said court to said claimants. Approved, August 30, 1890. _ CHAP. 855.-An act granting a pension to John Conolly. September 1. 1890- . Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary J0hn_C0n¤01ly. of the Interior be, and he is here y, authorized and directed to place P°“"°“‘ on the pension—r0ll, subject to the provisions and limitations of the pension laws, the name of John Connolly, late an assistant engineer 1n the United States Navy. _ Approved, September 1, 1890. CHAP. 858.-An act for the relief of the estate of Charles F. Bowers. Sépwmber 2, 1890. Whereas, on or about the ninth day of August, in the year of our Pmsmme. Lord eighteen hundred and sixty-two. Charles F. Bowers, then first lieutenant and regimental quartermaster of the Eighth Regiment of