Page:United States Statutes at Large Volume 26.djvu/609

 FIFTY-FIRST CON GRESS. Sess. I. Cris. 1130, 1131. 1890. 555 provisions, and in the event Byrne and Speed, or their assigns. shall ‘ at any time fail for the space of six months to pay any installment rnnnmm pay mnt. of rent due under this act their right to occupy the property herein mentioned shall at once cease. Approved, September 30, 1890. CHAP. 1131.-—An act to authorize the Canaveral and South Florida Railroad S¤i>1>ember30, 1890. Gom y to construct and maintain a bridge across the Indian River and one across it the giliana River. both in the State of Florida, and to establish the same, in each case, as a post-road. Be it enacted by the Senate and House rz Re esentattves of the United States of America in Congress assem led, That the Canaveral Capsverqlmdscutlr and South Florida Railroad Compaiig, a corporation organized and ex- m°'}°§, °;TZ xsting under the laws of the State of orida, its successors and assigns, Egllgf B¤¤¤¤¤ RW be, and is hereby, authorized to construct and maintain a bridge across ’ ' the Indian River, and also one 8·C1'0SS the Banana River, in each case at a place suitable to commerce and not interfering with navigation, Location. at such point as may be approved by the Secretary of War, and to lay on or over said bridges a track or tracks for the more perfect mmm connection of any railro or railroads that are or shall be constructed to said rivers on either or both sides thereof, at or opposite said points, under the limitations and conditions hereinafter provided. 0onditio¤$» ow. aid bridges shall not interfere with the free navigation of said rmnnvagmon. rivers, an in case of any litigation arising from any obstruction or nmgnunn. alleged obstruction to the free navigation of said rivers b reason of the construction of said brid es the cause may be tried before the circuit court of the United Sdzates in and for any district in, whose {lurisdiction augeportion of said obstruction or bri ges may be. Said ridges shall constructed to provide for the passage of railroad R¤¤ro¤d, or 3i1E trains, and, at the option of the said company or corporation, its {S-.’$1g§°g°° °° °° successors and assi s, for the safe and convenient passage of wagons and vehicles of alla kinds, animals and foot-passengers, for such reasonable rates of toll as may be fixed from time to time by the rnu. Secretary of War. Sec. 2. That each of said bridges shall be provided with two or nnwnpsnmgs. more draw·o enings, each having not less than two hundred feet clear channeliway, and, in addition to said draw-openings, one or more fixed channel-s ans, each having not less than three hundred ¤¤¤¤¤¤l~¤P¤¤¤ and fifty feet clear clllannel-way; and every part of the superstructure of said bridges shall give a clear head room of not less than ten Hemi roomfeet above extreme high-water mark: Provided, That all spans shall Provim. be so located as to afford the greatest possible accommodation to the Loéation or sqm river tratiic, and adraw-openin shall, if practicable, be located next °“‘*°“°""““"°*’°“‘“"· or near shore: Provided, also, That if the physical characteristics of S Reductlogrgf Med the localit so require, and the interests of navigation be not ingured iE§§° °" ”`°°°“' thereby, the lengths of the iixed spans or the number of rawopenings may be reduced: Provided, also, That for any two adjacent Substitute di-nw. draw-openings of two hundred feet each one draw-opening of three °’°““‘K· hundred feet may be substituted if, in the opinion 0 the Secretary of War, the interests of navigation be not injured thereby. Sec. 3. That all draw-spans authorized by this act shal be oper- openunzpower. ated by steam or other reliable mechanical power, and shall be opened promptly upon reasonable signal for the passagp of boats, except Opeutngot draws. when trains are passing over said span or slpans; ut in no case shall unnecessary delay occur in opening said raw after the (passage of trains; and also, that in case the opening of a draw is elayed by reason of the passing of a train after the signal has been given from a boat read to pass through, the draw shall be Gopened for the passage of such boat before another train is allow to pass over the