Page:United States Statutes at Large Volume 26.djvu/507

 FIFTY—FIRST CONGRESS. Sess. I. Ch. 907. 1890. 453 pursuance of this act shall be deemed a misdemeanor, for which the owner_or owners, agent or agents, master or pilot of the vessel so offendingl shall be separately or collectively responsible, and on conviction thereof shall be punished by a iine not exceeding two hundred and fifty dollars or by imprisonment not exceeding three months, at the discretion of the court. Sec. 4. 'ljhat section nine of the river and harbor act of August V<>LI¤5 vv- 424. 425 eleventh, eighteen hundred and eighty-eight, be amended and reen· ' acaeld zo als to read is fgllowsz f W 1 a w enever the ecreta o ar shal have ood reason to °*>¤°¤*°**°¤¤*°¤¤'· believe that any railroad or otller bridge now construgzted, or which mmn by mdgm may hereafter e constructed over any of the navigable water-ways ¤¤q¤·¤¤¤v ¤f Wvw of the United States is an unreasonab e obstruction to the free navi- °”°”d° °‘°°°”‘ gation of such waters on account of insufficient height, width of span, or otherwise, or where there is diiiiculty in passing the draw-opening or the draw-span of such bridge by rafts, steam boats, or other watercraft, it shall e the duty of the said Secretary, first giving the parties reasonable opportunity to be heard, to give notice to the persons or Ncucecfnltmucm corporations owning or controlling such bridge so to alter the same as to render navigation through or under it reasonably free, easy, and unobstructed; and in givimuch notice he shall specify the changes required tobe made, and l1 rescribe in each case a reasona le time in which to make them. If at the end of such time the alteration has not been made, the Secretary of War shall forthwith notify the United States district attorney for the district in which suc P bridge is situated, to the end that the criminal proceedings mentioned cmequeueee er ae. in the succeeding section may be taken. ““"‘ Sec. 5. That section ten of the river and harbor act of August vm. ss. p. ws. eleventh, eighteen hundred and eighty-eight, be amended and re- ‘“T°"°"°·°"" en§:1te*jl?<q;1astoreadasfollowis: _ t t I a i e rsons, cor ora ion, or associa ion owning or con ro - for de ling anyrai1roI;i or other bridge shall, after receivizpg notice to that :'¤,Yl°,,:'°5'.{“H”' mw effect as hereinbefore required from the Secretary of ar and within the time prescribed by him, willfully fail or refuse to remove the same, or to com ly with the lawful order of the Secretary of War in the remises such persons, corporation or association shall be deemed ilrty of a misdemeanor and, on conviction thereof, shall be punished tl? a fine not exceeding five thousand dollars, and every month such ersons, corporation, or association shall remain m default in respect to the removal or alteration of such budge shall be deemed ,a new offense, and subiiect the persons, corporation, or association so oEendin to the 'pena ties above pgescribed. Sec. 6. hat it shall not lawful to cast, throw, em ty, or unlade, 0 meageor cause, sufer, or procure to be cast thrown, emptied, or unladen, :l“Y,'§,`l,{c°l,;?m°$,§,lb'fg either from or out of any ship], vessel, lighter, barge, boat, or other v•=¤¤ craft, or from the shore. pier, w arf, furnace, manufacturing establishments, or mills of any kind whatever, any ballast, stone, slate, gravel, earth, rubbish, wreck, filth, slabs, edgings, sawdust, slag, cmders, ashes, refuse, or other waste of any kind, into any port, road, roadstead, harbor, haven, navigable river, or navigab e waters of the United States which shall tend to impede or obstruct navigation, or to deposit or lace or cause, suifer, or procure to be deposited or placed, any bdllast, stone, slate, gravel, earth, rubbish, wreck, mth, slabs, edgings, sawdust, or other waste 1D any place or situation on the bank of any navigable waters where the same shall be liable to be washed into such navigable waters, either by ordinary or high tides, or by storms or floods, or otherwise, where y navigation shall or may be impeded or obstructed: Provzded, That not ing herein Bmw. contained shal extend or be construed to extend to the casting out, ‘·"'*“*‘*°F'°'*“· unlading, or throwing out of any ship or vessel, lighter, barge, boat, or other craft, any stones, rocks, ricks, lime, or other materials used, or to be used, in or toward the building, repairing, or