Public Law 40–CXXXIX

That the bridge across the East River, between the cities of New York and Brooklyn, in the State ofFORTIETH CONGRESS. Sess. III. Ch. 139, 140, 141. 1869. New York, to be constructed under and by virtue of an act of the legislature

River between New York and Brooklyn when completed to be a lawful structure and post-road.

of the State of New York, entitled “An act to incorporate the New York Bridge Company, for the purpose of constructing and maintaining a bridge over the East River between the cities of New York and Brooklyn,” passed April sixteenth, eighteen hundred and sixty-seven, is hereby declared to be, when completed in accordance with the aforesaid law of the State of New York, a lawful structure and post-road for the conveyance of the mails of the United States: Provided, That the said bridge shall be so constructed and built as not to obstruct, impair, or injuriously

Bridge how to be built.

modify the navigation of the river; and in order to secure a compliance with these conditions, the company, previous to commencing the construction of the bridge, shall submit to the Secretary of War a plan

Plans and map to be submitted to Secretary of War.

of the bridge, with a detailed map of the river at the proposed site of the bridge, and for the distance of a mile above and below the site, exhibiting the depths and currents at all points of the same, together with all other information touching said bridge and river as may be deemed requisite by the Secretary of War to determine whether the said bridge, when built, will conform to the prescribed conditions of the act, not to obstruct, impair, or injuriously modify the navigation of the river.

Sec. 2.

And be it further enacted, That the Secretary of War is hereby

Secretary of War, if satisfied, may approve of plan, &c. notify company, who may then erect the bridge.

authorized and directed, upon receiving said plan and map and other information, and upon being satisfied that a bridge built on such plan and at said locality will conform to the prescribed conditions of this act, not to obstruct, impair, or injuriously modify the navigation of said river, to notify the said company that he approves the same; and upon receiving such notification the said company may proceed to the erection of said bridge, conforming strictly to the approved plan and location. But until the Secretary of War approve the plan and location of said bridge, and

Bridge not to be commenced until plan is approved.

Changes in plan to be approved.

notify said company of the same in writing, the bridge shall not be built or commenced; and should any change be made in the plan of the bridge during the progress of the work thereon, such change shall be subject likewise to the approval of the Secretary of War.

Sec. 3.

And be it further enacted, That Congress shall have power

Act may be altered.

at any time to alter, amend, or repeal this act.