Page:United States Statutes at Large Volume 54 Part 1.djvu/290

 [54 STAT. PUBLIC LAWS-CHS. 286, 287-JUNE 8, 1940 Proviso. Death penalty, etc.; when applicable. Jurisdiction of State courts. State conviction or acquittal, effect. years, or both fine and imprisonment in the discretion of the court: Provided,That whoever shall be convicted of any such crime, which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life, if the jury shall in its discretion so direct, or, in the case of a plea of guilty, if the court in its discretion shall so order. Nothing in this Act shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof; and a judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution hereunder for the same act or acts. Approved, June 8, 1940. [CHAPTER 287] June 8, 1940 [H. R. 8491] [Public, No. 576] Missouri River. Bridge authorized across, at Niobrara, Nebr. 34 Stat. 84 . 33U.S.C.§§491- 498. Right to acquire real estate, etc. Toll charges. Application of tolls to operation, sinking fund, etc. Maintenance as free bridge after amortiz- ing costs, etc. Record of expendi- tures and receipts. AN ACT Authorizing the county of Knox, State of Nebraska, to construct, maintain, and operate a toll bridge across the Missouri River at or near Niobrara, Nebraska. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to promote interstate commerce, improve the postal service, and provide for military and other purposes, the county of Knox 2 State of Nebraska, be, and it is hereby, authorized to construct, maintain, and operate a bridge and approaches thereto across the Missouri River at a point suitable to the interests of navigation at or near Niobrara, Nebraska, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters", approved March 23, 1906, and subject to the conditions and limitations contained in this Act. SEi. 2 . There is hereby conferred upon the said county of Knox, State of Nebraska, all such rights and powers to enter upon lands and to acquire, condemn, occupy, possess, and use real estate and other property needed for the location, construction, maintenance, and oper- ation of such bridge and its approaches, as are possessed by railroad corporations for railroad purposes, or by bridge corporations for bridge purposes, in the State in which such real estate or other prop- erty is situated upon making just compensation therefor, to be ascer- tained and paid according to the laws of such State, and the proceed- ings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State. SEx. 3 . The said county of Knox, State of Nebraska, is hereby authorized to fix and charge tolls for transit over such bridge and the rates of toll so fixed shall be the legal rates until changed by the Secretary of War under the authority contained in the Act of March 23, 1906. SEC. 4. In fixing the rates of toll to be charged for the use of such bridge, the same shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintaining, repairing, and operat- ing the bridge and its approaches under economical management, and to provide a sinking fund sufficient to amortize the cost of such bridge and its approaches, including reasonable interest and financin cost, as soon as possible, under reasonable charges, but within a period of not to exceed twenty years from the completion thereof. After a sinking fund sufficient for amortization shall have been so provided, said bridge shall thereafter be maintained and operated free of tolls. An accurate record of the cost of the bridge and its approaches, the expenditures for maintaining, repairing, and operating the same, and the daily tolls collected shall be kept and shall be available for the information of all persons interested. 256

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