Page:United States Statutes at Large Volume 18 Part 3.djvu/495

FORTY-THIRD CONGRESS. Sess. II. Ch. 134. 1875. 465 SEG; . That the said channel of thirty feet in depth and three hundred and fifty feet in width having been maintained for ten years, onehalf of the one million dollars hereinbeiore mentioned shall be released and paid to said Eads, his assigns, or legal representatives; and said depth and width having been maintained for ten. additional year, the remaining half of the said one million dollars shall be relased and paid as aforesaid. And if any of said money shall have been paid under the provisions of this act as hereinafter provided, then theresidue shall be paid at the times above stated. . Sec. . That in case said Eads and associates in order to maintain a. Expenditures in channel of thirty feet in depth and three hundred and fifty ieet in width, ¢><°°¤¤ °*` ¤¤¤¤°·l shall deem it necessary to expend on said works, during any one or more P"ym°“t“‘ of said twenty years, any money iuexcess of the annual payments received by them during said year 0;* years under this act, the Secretary of War shall, on satisfactory proo of such expenditures, authorize, as often as such extra expenditures may require the payment of the same from the said money in pledge, to said Eads or his legal representatives. .And such payments shall be madefrom the five hundred thousand dollars to be released at the end of tenlgrears before any payment shall be made from the five hundred thousa dollars to be released at the end of twenty years; and if any failureio maintain said channel of thirty feet in depth and three hundred and fifty feet in width shall occur, the date for releasing the said money held in pledge shall be posponed for au equal period of time, and the compensation for maintaining said channel shall cease until said depth and width shall be again restored, the maintenancelof a channel of thirty feet in depth and three hundred and fifty feet in width for twenty years, exclusive of all such periods of failure, being intended by this act. And at any time after said jettees shall have been completed, and said channel of thirty feet in depth aud three hundred and fifty feet in width shall have been obtained, that the United States may elect to pay the said one million dollars, and stop the payment of said interest and said annual suni of one Hundred thousand dollars for the maintenance of said depth and width, said United States shall have the right to do so on payment of said money held as security and in pledge as aforesaid, together with the interest and annual compensation for maintenance which may be earned at the date of such final payment; and on such payment being made by the United States the supervision and maintenance of said jettees and auxiliary works by said Eads and associates, and all liability on their part, shall cease and determine._ _ SEO. . That in order to facilitate the proper location of said jettees, t L°°*m°¤ of J°*‘ Which shall not be less than seven hundred ieet apart, and to correctly °°B‘ determine such effects as may be produced by them, the Chief of the Coast Survey shall, as soon as practicable, cause a careful topographic and hydrographic survey to- be made of said pass and bar, and shall submit the same to the Secretary of War, who shall furnish to said Earls the results of any such surveyn And the sum of five thousand dollars is hereby appropriated out of any money in the Treasury not Otherwise appropriated for said survey and examination ‘ _ _ _ Sec. . That any person maliciously or intentionally injuring said _ M**}¤°l°¤¤l% &°·· Works, or interfering with the construction thereof, shall be deemed 1"·"m”g w" °‘ guilty of a misdemeanor, and may be tried for such offense before the district court of the United States for the district wherein such offense may be committed; and, if found guilty, he shall be liable to a line not P<>¤¤1¢5'· exceeding one thousand dollars, or to imprisonment for not more than two years, or to both fine and imprisonment as aforesaid, for each offense. S20. . That the said Eads and his associates shall have the right Use or materials 11114191* Such regulations as the Secretary of War shall prescribe, to use °¤ Pllbhc 1““dS· any materials on the public lands of the United States that shall be suitable for, and may be needed in, the construction of said works. SEG) . That in case of death or other disability of said Earls before _ pemi or disaffie completion of said works, the same shall be prosecuted and com· Q 1;;/ici? °f °°“ ‘ Vol. 18, pt. 3--30