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Debts, etc.

authenticated notice of the vote for removal and change of title. The change of location and title, however, shall not be valid until the Comptroller of the Currency shall bave issued his certificate of approval.

SEC. 2. That all debts, liabilities, rights, provisions, and powers of said association under its old name shall devolve upon and inure to the said association under its new nam

Sec. 3. That nothing in this Act contained shall be so construed as in any manner to release the said bank under its old name or at its old location from any liability, or affect any action or proceeding in law in which said bank may be or become a party or interested.

Approved, February 15, 1906.

Liabilities, etc., not affected.

ized.

February 16, 1906.

CHAP. 266.-An Act Permitting the building of a dam across the Rock River at (H. K. 8442.]

Grand Detour, Illinois. (Public, No. 16.)

Be it enacted by the Senate and House of Representutives of the United Bach, Bice the Grand States of America in Congress assembled, That the consent of Congress Detour, I., author is hereby granted to Spencer B. Newberry and George A. Blackford,

both of the city of Sandusky, Erie County, Ohio, and Charles H. Hughes, of Dixon, Lee County, Illinois, their heirs, administrators, successors, and assigns, to build, operate, and maintain a dam across Rock River near Grand Detour, Illinois, at any point within one mile distant from the center of section thirteen, township twenty-two north, range nine east of the fourth principal meridian, in the State of Illinois, for the development of water power and such works and structures in connection therewith as may be necessary or convenient in the develop

ment of said power and in the utilization of the power thereby Use of water supply developed; and the said Spencer B. Newberry, George A. Blackford,

and Charles H. Hughes, their heirs, administrators, successors, and assigns, are hereby authorized and empowered to draw and divert by canal, fiume, or race from the pool formed by the construction of the above dam and works incident thereto, such supply of water as may be required for the full development and utilization of said water power and to conduct said water through the canal reservation in Grand Detour and discharge the same into said Rock River at or near the westerly end of said canal reservation, and also for that pur-.

pose to construct, operate, and maintain such structures and improveSecretary of War to ments as may be required: Provided, That the plans for the con"pprove plans, etc. struction of the said dam, canal, and appurtenant works shall be

submitted to and approved by the Chief of Engineers and the Secretary of War before the commencement of the construction of the same: And provided further, That the said Spencer B. Newberry, George A. Blackford, and Charles H. Hughes, their heirs, administrators, successors, and assigus, shall not deviate from such plans after such approval either before or after the completion of the structures therein described, unless the modification of said plans shall have

been previously submitted to and received the approval of the Chief Fishways.

of Engineers and Secretary of War: And provided further, That suitable fishways shall be constructed and maintained by the grantees under the Act at their own expense, as may be required from time to

time by the United States Fish Commission: And provided further, Lock.

That the said dam shall be so constructed that the Government of the United States may at any time construct in connection therewith a suitable lock for navigation purposes, and may at any time control the said dan so far as shall be necessary for the purposes of navigation, but shall not destroy or impair the water power developed by said dam, canal, and appurtenant structures to a greater extent than shall

Changes.

Sess

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bè necessary to provide proper facilities for navigation, and other
purposes of public interest.
Sec. 2. That in case any litigation arises from the building, opera-

Litigation.
tion, and maintenance of said dam, canal, and appurtenant works, or
from the obstruction of the river by the same, or any damages result-
ing to private property by overlow or otherwise, proceedings to
adjust, determine, and to recover compensation for such damages shall :
be instituted either in the State or Federal courts.

Sec. 3. That this. Act shall be null and void unless the dam, canal, tioní. and appurtenant works herein authorized be commenced within three years and completed within six years from the time of the passage of this Act.

Sec. 4. That the right to amend or repeal this Act is hereby expressly reserved.

Approved, February 16, 1906.

Time of construc

Amendment.

District of Columbia.
Extension of Rhode

Assessment of damages and benefits.

CHAP. 257.-An Act Authorizing the extension of Rhode Island avenuè north February 19, 1906. east.

(S. 56.)

(Public, No. 17.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioners of the District of Columbia be, and they are hereby, authorized and Islande genue. directed, within ninety days from the approval of this Act, to insti- demn land for. tute proceedings to condemn the land necessary for the extension of Rhode Island avenue from Lincoln road to Fourth street east, with a width of one hundred and thirty feet.

SEC. 2. That all of the amount found to be due and awarded as damages for and in respect of the land condemned for the extension of Rhode Island avenue, as herein provided, shall be assessed by the jury hereinafter provided for as benefits, and to the extent of such benefits against those pieces or parcels of land on each side of said avenue as extended, and also on any or all pieces or parcels of land which will be benefited by the extension of said avenue, as said jury may find said pieces or parcels of land will be benefited, and in determining the amounts to be assessed against said pieces or parcels of land the jury sball take into consideration the respective situations of such pieces or parcels of land and the benefits they may severally receive from the extension of said avenue as aforesaid.

Sec. 3. That the said court shall cause public notice of not less than Notice of proceed. ten days to be given of the filing of said proceedings, by advertise Advertisement. ment in such manner as the court sball prescribe, which notice shall warn all persons having any interest in the proceedings to attend court at a day to be named in said notice, and to continue in attendance until the court shall have made its final order ratifying and confirming the award of damages and assessment of benefits of the jury; and in addi Personal service. tion to such public notice said court, whenever in its judgment it is practicable to do so, may cause a copy of said notice to be served by the marshal of the District of Columbia, or his deputies, upon such owners of the land to be condemned as may be found by said marshal, or his deputies, within the District of Columbia. Sec. 4. That after the return of the marshal and the filing of proof

Marshal's jury. of publication of the notice provided for in the preceding section, said court shall cause a jury of seven judicious, disinterested men, not related to any person interested in the proceedings, and not in the service or employment of the District of Columbia or of the United States, to be summoned by the marshal of the District of Columbia, to which jurors said court shall administer an oath or affirmation that they are not interested in any manner in the land to be condemned,

ings.

Dutics.

tions.

Verdict.

nor are they in any way related to the parties interested therein, and that they will, without favor or partiality, to the best of their judgment, assess the damages each owner of land taken may sustain h. reason of the extension of said avenue and the condemnation of lands

for the purpose of such extension, and assess the benefits resulting Hearings of objec- therefrom as bereinbefore provided. The court before accepting the

jury shall hear any objections that may be made to any member thereof, and shall have full power to decide upon all such objections, and to excuse any juror or cause any vacancy in the jury, when impaneled, to be filled, and after said jury shall have been organized and shall have viewed the premises said jury shall proceed, in the presence of the court, if the court shall so direct, or otherwise, as the court may direct, to hear and receive such evidence as may be offered or submitted on behalf of the District of Columbia and by any person or persons having interest in the proceedings for the extension of said avenue. When the hearing is concluded, the jury, or a majority of them, shall return to said court, in writing, its verdict of the amount to be found due and payable as damages sustained by reason of the extension of said avenue under the provisions hereof, and of the pieces or parcels of land benefited by such extension, and the amount

of the assessment for such benefits against the same. Determining valųe Sec. 5. That if the use of a part only of any piece or parcel of ground of parts of lots.

shall be condemned, the jury, in determining its value, shall not take into consideration any benefits that may accrue to the remainder thereof from the extension of said avenue or highway, but such benefits shall be considered in determining what assessment shall be made on or against such part of such piece or parcel of land as may not be taken

as hereinbefore provided. Review of verdict. SEC. 6. That the court shall have power to hear and determine any

objections which may be filed to said verdict or award, and to set aside and vacate the same, in whole or in part, when satisfied that it is unjust or unreasonable, and in such event a new jury shall be summoned, who shall proceed to assess the damages or benefits, as the case may be, in respect of the land as to which the verdict may be vacated, as in the

case of the first jury: Provided, That if vacated in part, the residue of Action if vacated in the verdict and award as to the land condemned or assessed shall not Filing exceptions. be affected thereby: And provided further, That the exceptions or

objections to the verdict and award shall be filed within thirty days after the return of such verdict and award.

SEC: 7. That when the verdict of said jury shall have been finally ratified and confirmed by the court, as herein provided, the amounts of money awarded and adjudged to be payable for lands taken urder the provisions hereof shall be paid to the owners of said land by the disbursing officer of the District of Columbia from moneys advanced

to him by the Secretary of the Treasury upon requisit, ns of the appropriation from Commissioners of said District, as provided by law; and sufficient

sum to pay the amounts of said judgments and awards is hereby appropriated out of the revenues of the District of Columb, 2.

SEC. 8. That when confirmed by the court the several assessments herein provided to be made shall severally be a lien upon the land assessed, and shall be collected as special improvement taxes in the District of Columbia, and shall be payable in five equal annual installments, with interest at the rate of four per centum per annum from

and after sixty days after the confirmation of the verdict and award. Dearengaren werdende. In all cases of payments the accounting officers shall take into account ducted from benefits

the assessments for benefits and the award for damages, and shall pay only such part of said award in respect of any lot as may be in excess of the assessment for benefits against the part of such lot not taken,

and there shall be credited on said assessment the ainount of said Proceedings. award not in excess of said assessment. That said court may allow

New jury

Prorison.

part.

Payment of verdict.

District revenues.

Collection of assessment.

rors.

for

expenses.

amendments in form or substance in any petition, process, record, or proceeding, or in the description of property proposed to be taken, or of property assessed for benefits, wbenever such amendments will not interfere with the substantial rights of the parties interested.

Sec. 9. That each juror shall receive as compensation the sum of five Compensation of ju. dollars per day for his services during the time he shall be actually engaged in such services under the provisions hereof.

Sec. 10. That the sum of three hundred dollars is hereby appropri. Appropriation ated, out of the revenues of the District of Columbia, to provide the necessary funds for the costs and expenses of tbe condemnation proceedings taken pursuant hereto.

Sec. 11. That no appeal by any interested party from the decision Appeals not to delay of the supreme court of the District of Columbia confirming the assess- etc. ment or assessments of benefits or damages herein provided for nor any other proceeding at law or in equity by such party against the confirmation of such assessment or assessments sball delay or prevent the payment of award to others in respect to the property condemned, nor delay or prevent the taking of any of said property sought to be condemned, nor the extension of such avenue: Provided, however, That

Payment of final deupon the final determination of said appeal or other proceeding at law termination. or in equity the amount found to be due and payable as damages sustained hy reason of the extension of said avenue under the provisions hereof shall be paid as herein before provided.

Approved, February 19, 1906.

opening of avenue,

Proviso.

Time extended for

CHAP. 493.-An Act To amend an Act entitled "An Act to authorize Washington February 21, 1906. and Westmoreland counties, in the State of Pennsylvania, to construct and maintain

(H. R. 11045.) a bridge across the Monongahela River, in the State of Pennsylvania,” approved (Public, No. 18.] February twenty-first, nineteen hundred and three.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section seven of an Act Monongahela River, entitled “ An Act to authorize Washington and Westmoreland counties, in the State of Pennsylvania, to construct and inaintain a bridge ington and Westmoreacross the Monongabela River, in the State of Pennsylvania,” approved land counties, Pa. February twenty-first, nineteen hundred and three, as amended by the Vol. 38, p. 604,

amended. Act approved January eleventh, nineteen hundred and five, be, and is hereby, amended to read as follows:

“SEC. 7. That this Act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from February twenty-first, nineteen hundred and six."

Approved, February 21, 1906.

Post, p. 876.

Time of construction,

R. S., sec. 4136, P.

CHAP. 500.-An Act To repeal section forty-one hundred and thirty-six of the February 22, 1906. Revised Statutes relating to the admission to registry of repaired foreign wrecks.

(S. 1007.)

(Public, No. 19.) Be it enacted by the Senate and House of Representatives of the United States of America in Congrexs assembled, That section forty-one hun

Shipping

Registry of wreeked dred and thirty-six of the Revised Statutes, as amended, reading as foreign built vessels follows: “The Commissioner of Navigation may issue a register or

repealed. enrollment for any vessel huilt in a foreign country, whenever such 796, repealed. vessel shall be wrecked in the United States, and shall be purchased and repaired by a citizen of the United States, if it shall be proved to the satisfaction of the Commissioner that the repairs put upon such vessel are equal to three-fourths of the cost of the vessel when so repaired," is hereby repealed. Approved, February 22, 1906

VOL XXXIV, PT 1-2

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Location.

Provis08.
Secretary of War to

February 23, 1906. CHAP. 501.-An Act Authorizing the Pea River Power Company to erect a danı (H. R. 7085.]

in Coffee County, Alabama. (Public, No. 20.)

Beit enacted by the Senate and House of Representutives of the United Pea Rivero Almower States of America in Congress assembled, That the Pea River Power Company may dam. Company, a corporation, be, and is hereby, authorized to erect, build,

have, and maintain a steel and concrete dam, or dam of other material, on Pea River, at a point four miles below, or about four miles below,

the town of Elba, in Coffee County, State of Alabama: Provided, That approve plans, etc. the plans of said dam shall be submitted to and be approved by the

Chief of Engineers and the Secretary of War before construction Changes.

commenced; and the Secretary of War may at any time require and enforce, at the expense of the owners, such modifications in the con

struction of said dam as he may deem advisable in the interests of Sluiceways. navigation: Provided further, That there shall be placed and main

tained in connection with said dam a sluiceway so arranged as to permit logs, timber, and lumber to pass around, through, or over said dam

without unreasonable delay or hindrance and without toll or charges; Fishways.

and suitable fishways; to be approved by the United States Fish Commission, shall be constructed and maintained on said dam.

SEC. 2. That this Act shall be null and void unless the dam herein authorized is commenced within one year and completed within three

years from the date hereof. Amendment.

Sec. 3. That the right to amend or repeal this Act is hereby expressly reserved.

Approved, February 23, 1906.

Time of construction.

pany may bridge.

Location.

February 23, 1906. CHAP. 502.-An Act To authorize the construction of a bridge across the navi(H. R. 11263.]

gable waters of Saint Andrews Bay. (Public, No. 21.)

Be it enacted by the Senate and House of Representatives of the United Saint Andrews Bay, States of America in Congress assembled, That the Birmingham, Birmingham, Colum. Columbus and Saint Andrews Railroad Company, a corporation duly drews Railroad Com- created and existing, is hereby authorized to build and maintain a rail

road bridge across the navigable waters of Saint Andrews Bay, in

Washington County, Florida, at or near a point on the north arm of Unobstructed navi- said bay known as Grassy Point, on North Bay, the said bridge to be gation.

so constructed as not to interfere with the navigation of said navigable

waters. Secretary of War to approval plans, etc.

Sec. 2. That any bridge constructed under this Act shall be built and located under and subject to such regulations for the security of the navigation of said navigable waters as the Secretary of War shall prescribe; and to secure that object the said company shall submit to the Secretary of War, for his examination and approval, a design and drawing of the proposed bridge and a map of the location, giving, for the space

of at least one-half mile above and one-half mile below the proposed location, the topography of the banks of the arm of the bay, the shore lines at high and low water, and the direction and strength of the current, and the soundings accurately showing the bed of the stream, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until said plan and location of the bridge are approved by the Secretary of War the bridge shall not be built; and should any change be made in the plan of said bridge during the progress of construction or after its completion such change shall be subject to the approval of the Secre

tary of War. and post route.

Sec. 3. That the bridge constructed under this Act shall be a lawful structure, and shall be recognized and known as a post route upon which no higher charge shall be made for the transportation over the

Lawful structure

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