Chapter 1130.
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CHAP. 1130.— An act authorizing the use of the Louisville and Portland Canal Basin on certain conditions.September 30, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Louisville and Portland Canal.Byrne and Speed may conditionally use the Louisville and Portland Canal Basin, Louisville, Ky. That the written contract by and between the city of Louisville, the Louisville and Portland Canal Company, and John P.
Byrne, made in the year eighteen hundred and seventy, under which the firm of Byrne and Speed, of Louisville, Kentucky, constructed a basin on the south side of the Louisville and Portland Canal, above Fifteenth street, and also erected buildings, with elevator machinery therein, on land then the property of the Louisville and Portland Canal Company, Ratification, etc., of contract.now the property of the United States, is ratified and confirmed, subject, however, to the following modifications and provisions, to wit:
Byrne and Speed, their assignees and grantees, are hereafter to pay to the United States of America, for the use of the land, an Rental.annual rental of two hundred and fifty dollars, to be paid semiannually, through the officer in charge of the canal. They shall not erect any additional buildings of any kind, but mayBuilding restriction. keep in repair those now standing, or may reconstruct them or any part thereof, in case of destruction by fire or from other cause. Sec 2. That when, in the opinion of the Secretary of War, the use of said basin or buildings shall become prejudicial to the canal or its use, he shall detail a commission of not less than three nor more than five officers of the Engineer Corps of the United States Army, with orders to assemble in Louisville, and to decide whether the use of the said basin or buildings is prejudicial to the canal or its use.
Said commission shall cause notice to be given to Byrne and Speed,Notice. or their assigns, of the time and place of their sitting,’ and shall, after hearing any evidence offered by Byrne and Speed, or by the officer Hearing, etc.representing the Government, proceed to hear and determine the matter submitted to them, and if they find that the use of the said basin or buildings is prejudicial to the canal or its use, they will Valuation, etc.also assess and find the value of the excavation and masonry of the basin made and erected by Byrne and Speed in the construction of said basin, and upon the payment or tender by the Secretary of War Removal of buildings, etc.of the sum so fixed Byrne and Speed shall remove within six months their buildings from the canal property, discontinue the use of said Relinquishment of claims.Copy of finding.basin, and relinquish all claims under the above-mentioned contract.
A copy of the finding of the commission shall be furnished to Byrne and Speed, or their assigns. Sec. 3. That the ratification provided in this act shall not takeAcceptance of ratification. effect unless within ninety days from its passage Byrne and Speed shall file with the Secretary of War their written acceptance of its FIFTY-FIRST CONGRESS. Sess. I. Ch. 1130. 1131. 1890.555 provisions, and in the event Byrne and Speed, or their assigns, shall at any time fail for the space of six months to pay any installment Failure to pay rent.of rent due under this act their right to occupy the property herein mentioned shall at once cease.
Approved, September 30, 1890. Chapter 1131: to authorize the Canaveral and South Florida Railroad Company to construct and maintain a bridge across the Indian River and one across the Banana River, both in the State of Florida, and to establish the same, in each case, as a post-road. Chapter 1131 26 Stat. 555 1890-09-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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