Page:United States Statutes at Large Volume 26.djvu/492

 438 F1F·rY-Fmsr coxennss. sms. 1. ou. sm. isso. M°°¤"¤¤ C’°°*· Im roving Mattawan Creek, New Jersey, two thousand five hun- N",' dred Idollars. A¤¤v¤yG~¤k.N-·¥- Improving Alloway Creek, New Jersey, six thousand dollars. A11¤zl¤¤y'Riv¤r.P•- Improving Alleghenly River, Pennsylvania: Continuing improvement, twenty thousan dollars. 8¤¤¤v¤=¤1Ri*¤r.P•- Improving Schuylkill River, Pennsylvania: Continuing improvement, forty-five thousand dollars. _ _¥L¤§··;·¤·¤ mm-Pa- Improving Delaware River, Pennsylvania and New J ersey; Co - 'tinuin improvement, from Trenton to its mouth, two hundred and fifty thousand dollars, ten thousand dollars of which shall be exmmommvm-. pended in continuing improvement on the Rancocas River, one of the tidal tributaries of said river. _ H¤¤"= i¤¤f__¤;¢j”_Dl·;_¤· For continuing construction of the dam at Herr’s Island in Alle- ’ ghppy River, near Pittsburgh, Pennsylvania, thirty-five thousand o rs. 8gPg}°y That whenever the proceedings commenced by the United States No:,?., em., purchase against the Monongahela Navigation Company, a corporation organ- §f,§c°F'g,',§’,g’§§‘m1;§; ized under the laws of Pennsylvania to condemn lock and dam numhels Ngpkpzudgnédwm- ber seven constituting a part of the improvement in water commu- °°°y’ nication in the Monongahela River between Pittsburgh in the State of Pennsylvania, ·and a point at or near Morgantown in the State of West Virginia, shall be finally determined, and the United States shall have acquired the title_to said lock and dam number seven and its appurtenances, the Secretary of War be, and he is hereby, authorized and directed to negotiate for and purchase, at a cost not to exceed one hundred and sixty-two thousand dollars, lock and dam number six and its appurtenances, of the Monongahela Navigation Company, also constituting a part of said improvement. And the wj&¤&>¤¤¤¤¤ f¤¤ sum of one hundred and sixty two thousand dollars, or so much ‘ thereof as may be necessary, is hereby appropriated out of any moneys in the Treasury not otherwise appropriated, for consummating said `pprchase, the same to be pai on the warrant of the Secretar of ar, upon full and absolute conveyance to the United States oiy the said lock and dam number six an its appurtenances, of the said Monongahela Navigation Company. P$ In the event of the inability of the Secretary of War to make volpuuns. untary purchase of said lock and dam number six and its a ur- ` tenances for said sum of one hundred and sixt two thousand dollars, 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 six and its alppurtenances, said condemnation proceedings to be as prescribed am regulated by the provisions of the general railroad law of Pennsylvania, approved February 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 isghereby given to the circuit court of the United States for the western district of Pennsylvania with right of apppeal lg either party to the nm Supreme Court of the United States: vide, That in estimating ’ the sum to be paid bly the United States, the franchise of said corporation to collect tol s shall not be considered or estimated; and the sum of five thousand dollars, or so much thereof as may be necessary, 1S hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, to pay the necessary costs of said condemnation proceedings; and utpon final judgment being entered therein the ecretary of War, i in his opinion the judgment is reasonable, 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 reasury not otherwise appropriated. And when said lock and dam number six and its appurtenances shall have been acquired by the °’“‘“"*“""‘°°‘· United States, whether by purchase or condemnation, the Secretary