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Code · STATUTES-AT-LARGE · Vol. 33 STAT. · April 28, 1904 · Chapter 1781

Chapter 1781. To authorize the Spuyten Duyvil and Port Morris Railroad Company and its lessee, the New York Central and Hudson River Railroad Company, to build and maintain bridges or other structures for their railroad across the Spuyten Duyvil Creek and the Harlem River north of the Harlem River pier and bulkhe

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CHAP. 1781.— An Act To authorize the Spuyten Duyvil and Port Morris Railroad Company and its lessee, the New York Central and Hudson River Railroad Company, to build and maintain bridges or other structures for their railroad across the Spuyten Duyvil Creek and the Harlem River north of the Harlem River pier and bulkhead lines as now established in the city of New York. April 28, 1904.[[S. 4713](/us/bill/33/s/4713).][[Public, No. 213](/us/pl/33/213).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Spuyten Duyvil Creek and Harlem River.Bridge by New York Central and Hudson River Rail-road Company.
That it shall be lawful for the Spuyten Duyvil and Port Morris Railroad Company, a corporation existing under the laws of the State of New York, and the New York Central and Hudson River Railroad Company, a corporation existing under the laws of the State of New York, the lessee of the railroad of the said the Spuyten Duyvil and Port Morris Railroad Company, to build and maintain upon, over, and across the land underlying and constituting the bed of the Harlem River and the Spuyten Duyvil Creek, respectively, at such respective points as said corporations, or either thereof, may select, north of the Harlem River pier and bulk-headLocations. lines as now established, in the Borough of Manhattan and in the Borough of the Bronx, in the city of New York, fixed bridges, thatFixed bridges. over the Spuyten Duyvil Creek to have a dear span of not less than twenty feet and to have a clearance above mean high water of not Construction.less than three feet eight inches, and that over the Harlem River to have a clear span of not less than twenty-live feet, and to have a clearance above mean high water of not less than four feet eight inches, and to layover said bridges such number of railway tracks and other railroad appliances as the said corporations or either of them may deem their convenience to require for the more perfect connection and operation of any railroad or railroads that are or shall be constructed by them to the banks of the said river or the said creek: *Provided,*Provisos*.Consent of property owners.As to bridge over Harlem River. however,* That as a condition precedent to the buildingAs to bridge over Spuyten Duyvil Creek. of the said fixed bridge upon, over, and across the land underlying and constituting the bed of the Harlem River consents thereto in writing shall have been executed and acknowledged in the form required for conveyance of real estate in the State of New York by each and all of the owners of land or interest therein bordering upon that portion of the Harlem River between the northerly Harlem River pier and bulkhead lines as now established and the fixed bridge next northerly thereof and known as the Farmers Bridge; and that as a condition precedent to the building of the said fixed bridge upon, over, and across the land underlying and constituting the bed of the Spuyten Duyvil Creek consents thereto in manner and form above specified shall have been given by each and all of the owners of land or interest therein bordering upon that portion of the said Spuyten Duyvil Creek between the said northerly Harlem River pier and bulkhead line and the fixed bridge next northerly thereof and known as Kangs Bridge: *Provided further,* That whenFixed structures in lieu of fixed bridges. consents thereto shall have been executed in manner aforesaid, by each and all of the owners of land, or interest therein, bordering upon the portion of the Spuyten Duyvil Creek and the Harlem River, respectively, northerly of the Harlem River pier and bulkhead lines, as now established, the said railroad companies, or either thereof, may build, maintain, and use for their said corporate purposes; in lieu of the said fixed bridges, any such fixed structures as the said consents may designate.
Sec. 2. That the bridges or other structures constructed underLawful structures and post-routes. authority of this Act and according to its limitations shall be lawful structures, and each of them shall be a lawful structure, and shall be recognized and known as post-routes, upon which no higher charge shall be made for the transportation over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for their transportation over the railroads leading to the said bridges or other structures.
Sec. 3. Rights, etc. to vest in successors.That the authority, privilege, and right hereby conferred upon, extended to, and vested in the above-named corporations or either thereof shall vest in and be available to and exercisable by the successors and assigns of the above-named corporations and of either thereof. Sec. 4. Repeal.That all Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed so far as is necessary to carry out the provisions of this Act.
Sec. 5. Amendment.That the right to alter, amend, or repeal this Act is hereby reserved. Approved, April 28, 1904.
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