Page:United States Statutes at Large Volume 33 Part 1.djvu/625

 FIFTY-EIGHTH CONGRESS. Sess. II. Ch. 1781. 1904. 537 CHAP. 1 781 .—.—\n Act To authorize the Spuyten Duyvil and Port Morris Railroad April 28. 1904- Company and its lessee, the New York Central and Hudson River Railroad Company, `[s‘ 4713*] to build and maintain bridges or other structures for their railroad across the S uyten [Public, No. 212.] Duyvil Creek and the Harlem River north of the Harlem River pier and bulkhead lines as now established in the city of New York. Be it enacted b the Senate and Ease of Representatives of the United S¥’“"§“ D“"“ States of Amerika in 0011. ress assembled, That it shall be lawful for $$5:3 ud Hmm the Spuyten Du(yvil and Bert Morris Railroad Company, a corpora- riff i:°e¤hYt1N¤i¤ii tion existing un er the laws of the State of New York, and the New ff,§§Sg§m’,§f,{,‘;,' R°”‘ York Central and Hudson River Railroad Company, a corporation ' existing under the laws of the State of New York, the lessee of the railroa of the said the Spuyten Duyvil and Port Morris Railroad Company, to build and maintain upon, over, and across the land underlyin and constituting the bed of the Harlem River and the Spuyten Duyvd Creek, respectively, at such respective points as said corporations, or either thereof, may select, nort of the Harlem River pier and bulk- L°°““°“'· head lines as now established, in the Borough of Manhattan and in the _ Borou h of the Bronx, in the city of New York, fixed bridges, that F"°" ""*“€°* over the Spuyten Duyvil Creek to have a clear span of not ess than twenty feet and to have a clearance above mean high water of not Y’°“*’“°“°“· less t an three feet eight inches, and that over the arlem River to have a clear span of not less than twenty-five feet and to have a clearance above mean high water of not less than four feet eight inches, and to lay over said bridges such number of railway tracks and other railroad appliances as the said corporations or either of them may deem their convenience to require for the more perfect connection and operation of anyarailroad or railroads that are or shall be constructed _ by them to the nks of the said river or the said creek: Provided g;';?:',,, ,,,0,,,,,, howevm; That as a condition precedent to the building of the said fixed °';°*; mm om bridge ulpon over, and across the land underlying an constitutin the umm mm-. bed of the Harlem River consents thereto in writing shall haveqieen executed and acknowledged in the form required for conveyance of ` real estate in the State of New York by each and all of the owners of land or interest therein bordering u n that portion of the Harlem River between the northerly Harlem River pier and bulkhead lines as now established and the iixed bridge next northerly thereof and known _ as the Farmers Bridge; and that as a condition precedent to the build- S,;*§,°§’,,,*{"°§°{,,$’Q,"f{ ing of the said fixed bridge upon, over, and across the land underlying *6**- and constituting the bed of the S u ten Duyvil Creek consents thereto in manner and form above specified, shall have been given by each and all of the owners of land or interest therein bordering upon that portion of the said Spu ten Duyvil Creek between the said northerly Harlem River pier and, bulkhead line and the fixed bridge next northerly thereof and known as Kings Bridge: }’r·m,~z°ded farther, That when ,,§,’f,§‘},,;‘f,‘_Q“$,$,‘_§&{“ consents thereto shall have been executed in manner aforesaid, by each and all of the owners of land, or interest therein, borderin upon the portion of the Spuyten Duyvil Creek and the Harlem dliver, respectively, northerly of the Harlem River pier and bulkhead lines, as now established, the said railroad companies, or either thereof, may build, maintain, and use for their said corporate purposes, in lieu of the said fixed bridges, any such fixed structures as the said consents may designate. Sec. 2. That the bridges or other structures constructed under ,,,',;“;,§}},0,}‘§e’,L‘°“"°° authority of this Act and aocordin to its limitations shall be lawful structures and each of them shall Tie a lawful structure, and shall be reco nized and known as p0st~routes, upon which no higher charge shalFbe made for the transportation over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for their transportation over the railroads leading to the said bridges or other structures.