Chapter 154. For the relief of Witherby and Gaffney
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CHAP. 154.— An Act For the relief of Witherby and Gaffney.March 1, 1895. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,,Witherby and Gaffney.C.aim for work, Sacketts Harbor, to be examined. That the Secretary of War be, and he is hereby, authorized and directed to examine into the contract entered into by Witherby and Gaffney with the United States on the ninth day of September, anno Domini eighteen hundred and eighty-nine, to tear down and reconstruct the west wing of the officers’ quarters at Madison Barracks, Sacketts Harbor, New York, and ascertain what work was done thereunder and whether any balance is still due to the said contractors therefor; also, whether the said contractors were required by the officers of the Government having direction of the work to modify or change the plans or to add to the work; and if so, whether the cost of construction was thereby increased, and the amount of such increase; also, whether there was any failure on the part of the Government to comply with any agreement or obligation to furnish heat for the work during the winter whereby the contractors were injured or damaged; and if so, the value of the material lost and of increased labor caused thereby; also, whether there was any loss to the contractors justly chargeable to the Government on account of the removal of the old building mentioned in the contract and the rejection of any materials it contained which the contractors had a right to expect they could use in the construction of the new building; if so, the amount in value of such loss; also, whether for any other reason or because of any other facts the said contractors are equitably entitled to any additional compensation on account of work performed or material furnished in the construction of said barracks.
And the SecretaryAllowance. is authorized to take evidence to ascertain the facts in the case, notwithstanding the terms of the contract, and to determine the aggregate amount that is justly and equitably due the contractors as the result of his examination into the matters aforesaid: *Provided*, That*Proviso*.Maximum. in no event, shall an amount exceeding five thousand four hundred and fourteen dollars and twenty eight cents be allowed against the Government; and the Secretary of the Treasury is hereby authorized and directed to pay to the said contractors, Witherby and Gaffney, the aggregate sum so found to be due to them when properly certified by the Secretary of War.
And a sufficient amount of money is hereby appropriated, out of the funds in the Treasury not otherwise appropriated,Appropriation for amount round due. not exceeding five thousand four hundred and fourteen dollars and twenty-eight cents, to pay the said aggregate sum to the said Witherby and Gaffney. Approved, March 1, 1895.