§ 1063. Obstruction of settlement on or transit over public lands

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1885

   Pub. L. 48–149 § 3 · 23 Stat. 67

   Enacted · 43 U.S.C. § 1063

   (Feb. 25, 1885, ch. 149, § 3, 23 Stat. 322.)

   Source evidence

   Code source credit
   (Feb. 25, 1885, ch. 149, § 3, 23 Stat. 322.)

   Enacted provision · exact public law section
   Sec. 3. That if said bridge shall be made with unbroken and continuous Spans, &c. spans, the spans thereof shall not be less than three hundred feet in length in the clear, and the main span shall be over the main channel FORTY-EIGHTH CONGRESS. Bess. I. CHS. 149. 1884. of the river. The lowest part of the superstructure of said bridge shall be at least fifty feet above extreme high-water mark, as understood at the point of location, and the bridge shall be at right angles to and its Proviso. drawbridge. piers parallel with the current of the river: Provided, That if the same shall be constructed as a drawbridge, the draw or pivot pier shall be at or near that shore nearest the channel of the river where, in the. opinion of the Secretary of War, the passage through the draw at that point can be consistently maintained ; if not so constructed, then the draw-pier to be in the main channel, and the opening or passageway to be so protected that watercraft can be worked through it by lines when not safe to pass otherwise; and the spans shall not be less Piers. than one hundred and sixty feet in length in the clear, and the piers of said bridge shall be parallel with and the bridge itself at right angles to the current of the river, and the spans shall not be less than ten feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure of said bridge: Provided also, That said draw shall be opened promptly Proviso. upon reasonable signal for the passing of boats; and said company or corporation shall maintain, at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe, and such sheer-booms or other structures as may be necessary to Lights and signals. safely guide vessels, rafts, and other water crafts through the said draw-openings, and as shall be designated and required by the Secretary of War. No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free Navigation not to be interrupted. navigation of said river; and if any bridge erected under such authority shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to Alterations at expense of company. be made as will effectually obviate such obstruction ; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners or of the persons or corporation controlling such bridge. And in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river caused or alleged lobe caused by said bridge, the case may be brought in the circuit court of the United States of the State of Missouri in which any portion of said obstruction or bridge may be located : Provided further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the same.

1 of 1 references resolved to an enrolled provision