Page:United States Statutes at Large Volume 34 Part 1.djvu/1314

 1284 FIFTY-NINTH coueamss. sms. 11. ons. 2909, 2910. 1907. and he may require the said company to pay to the United States sucl _ sum of money as he may decide to be the value of the land so occu· C°m?°"?”“°"‘ ied and compensation for an other injury sustained by the United R”m°°°"` States. Said Saint Louis., {ron Mountain and Southern Railway Company shall not use the river banks within a distance of eight hundred feet above and below the limits of the lock walls of said Lock Numbered One nor any area within the boundaries of the aforesaid lands, as aplace for depositing spoil and waste, except under such conditions as may be approved by the Secretary of War. K Sfofgggg Q:} ‘° Sec. 2. That the said Saint Louis, Iron Mountain and Southern Pp P ’Railway shall not avail themselves of the (privileges of this Act‘until the Secretary of War shall have approve the location and plans of %gyé,,,,mk the sin le track railway referred to in Section one of this Act: Pro- ' vided, gfhat the center line of said track shall be at least seventy-five feet from, and on the northerly side of, the lock tender’s cottage now m§€;¤¤;‘é¤l 0* *”¤°· built on the aforesaid lands: And Zwovided fin-!/ze,-1-, That if, in the ’construction of the said railway, it is necessary to remove any buildings, barns, water towers, or other structures now on the aforesaid lands, the Saint Louis, Iron Mountain and Southern Railway Comany shall replace them at points to be designated by the Secretary of _ EVM and in like condition and repair as when taken: Andpwzded R°‘““"“°“· farther, That in the construction, maintenance, and operation of said single track railway, the Saint Louis, Iron Mountain and Southern ' Railway Company shall not appropriate any land other than that needed for the roadway, and said construction, maintenance, and operation through said lands shall at all times be under the supervision of the Secretary of War. Use uyonmmas. Sec. 3. That all railroad companies desiring the use of the single track railway authorized by this Act shall have and be entitled to equal (,0mpcnm,0n_ rights and privileges relative to the passage of railway trains or cars over the same, and over the approaches thereto, upon the payment of a reasonable compensation for such use; and in case the owners of the said single track railway and the several railroad companies, or any of them, desiring such use shall fail to agree upon the sum or sums to be paid, and upon the rules and conditions to which each shall conform, ag `mratters at issue between them shall be decided by the Secretary 0 ar. “'l‘i¤¤¤ vf ¤¤¤¤¤r¤¤¤~ Sec. 4. That this Act shall be null and void if actual construction of °°’ said single track railway herein authorized shall not be commenced in grae ygar and completed within two years from the date of the approval ereo. ·*"‘°"“"‘°”‘· Sec. 5. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, March 4, 1907, 10 a. m. March {.1907. CHAP. 2910.-An Act To annul certain titles to land acquired by judicial proceed- _ lS·f”L ___ ings in the courts of the United States in Texas, and for other purposes. [Public, N0. 245.] Pm5mm_ lVhereas on the eleventh day of December, eighteen hundred and seventy-three, the United States obtained judgment in the circuit court of the United States sitting at Tyler, Texas, in the then western district of Texas, for fifty thousand dollars. against William T. Scott, William Umbdenstock, and others, sureties on the official bond of Davis B. Bonfoy, late collector of internal revenue for the fourth district of Texas, cause one thousand and thirty-seven, and it appearing from the facts that on the trial of the cause against the said sureties they were deprived of their defense by having, through mistake, pre-