Page:United States Statutes at Large Volume 37 Part 1.djvu/259

 236 SIXTY-SECOND CONGRESS. .S¤ss. II. Ch. 254. 1912. water r da of twen -four hours, and when fifty mrlhon gallons of water gall hive been atgtually delivered by- means of said waterway to said Pahala within a  of twenty-fom- consecutive hours, such date to be ascertained the commissioner and fixed E him with the approval of the governor. Notice of the su date and the comequent ' of the term of the lease _  commumcated Company by said officials wrthm ten days from te l’60 ·. . M¤<¤¤¤•· ¤> l>· ¤¤· Sec. 8. That asumnotless thanfiftythomanddollarsmcwhshau ’°°°°°‘ be actually expended by the Ditch Company m prehmmary surveys construction work upon said ditch or reservous, or for other gdopd and useful purposes in that behalf withinone year onehundred usand dollars within two years, and one million doilars  three years from the date oftbtlaiedptrxmval ofbothis Ac: tig;  Palm oonpneuen. SEO.9. That comps _ 8S_8fIS88l_ _ a within four tygars, and as far as Waiohmu, m said Kau, withm five years m date of said al. _ mem as an- Sxofrll). That if the Egidpany shall fail to expend such re- ‘J§_ ‘° °"’°”° "“”" s five sums of money, or any 0 them, within the respective times alfgrcesaid, for the purposes aforesaid, then, and in any such case all of ‘ the ts, wers, and privileges hereby (granted, and the said lease shallnggforizited and be null and void an of no effect, and all works mdimprovemenm1;pwthatwerected¢§c&>`r‘:s'ti_ructte·rlshdlmme ' ert to an me potty ¤'¤ YY- ` ibmplianee wm. d1g;2i1iYThat if after such expepdcdituresshall have been nude the °""""'°‘ DitehC0mpanyshallfailtoobserveorperformanyof thet¤rn¤,re· ‘ ° uirements, or conditions herein contained or prscrgbed, the governor 3.iallgivetheDitchCompanywrittennoticet0 frrmshto hum withm three months from the date of such notice, assurances   proofs satisfactory to him that such breach or failure w1ll_be remed1ed_aud all terms, requirements, and conditions herein contained or prescribed observed, performed, or corpgied with within onfuyear after the date ronnsnear um- of such notice. If the Di Company shall f_ to fumnsh to the °”°°‘ governor assurances and proofs as oresand withm such term of months, or if, having furnished the same, there shall at the end of said term of one year remain un rformed, unfulfilled, or unobserved any term re uirement or condigon herein contained on the part of the Cdlmpany to’be observed kept or performed then and in such 1 r Y , case all of the franchises hereb anted and e said lease shall be forfeited and be null and void aiufbf no e·l·l'ect.tb _ sxwmlw M time Sec. 12. That the times herein fixed for completion of the said ditch °""‘"°'°°‘ to various points, fcérffhe expsnditppe 051 mgneys ip survet%sércon(sl§fuction and other wor oresan an or e oing 0 an 0 or ers ent ict uired of the Ditch Company, may for cause shown be extendeldegy order of the governor for a time whic he_shall deem rea- 1·»~.»;»». sonable in view of such cause: Provided, That such action by the gov- ¤.g$“°" M S°°r°` ernor shall be sub'ect to review by the Secretary of the Interior. ymceem nemmxes Sno, 13. That tiiecorporation formed by the said J. T. MCCTOSSOH as aforesaid for the aforesaid, an its property used for or in . n PW . . carrying into effect purposes aforesaid, or any of them, aud its incgme shall be fre: frphm Territopial, municipfal, ap; county  an income taxes or e term o ten years ter approv 0 act. aus or wmv •¤¤ Sec. 14. That the rates at which water flowing alongsaid ditch, and "°"°' ""` power reduced   or incidental thereto, shall sold to a plicants shall be fixed and blished from time to time by the Ditch (gmuy, with the ap vas`] of the governor, and such rates shall be the gms to all. Pm "‘“*'°' "‘°‘ Sec. 15. That such rates shall be based upon the °elding of not more su rent revenues, in connection wr ot r revenues than fric° ` th all hh of the company, to pay the following, namely: