The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1852-08-25
[PcBLlc ACT-No. IL.


AN ACT to grant the right of way to all rail
and plank roads and macadamizcd turnpkcs
passing through the public lands belong
ing to the United States.
De il enacted by the Senate and House Of
ReprcseBtatN of the United States of Amer
lea in CongrC assembled, That the right II
way shall be- and is hereby, granted to all rail
and plank road or macadamizcd turnpike COM
lanies that are now or that may he chartered
within ten years hereafter, over and through
any Of tho.publc lands OF the United States,
over which any rail or plank road or macad-
ainizcd turnlikes are or may be authorized
by mn act of the Legislature of the respcctiv c
States In which public lands may be situated ;
and the said company or companies are hereby
authorized to survey and mark through the
said public land to be held by them for the
track of said road, one hundred feet in width:
P10rideL, Tia. in casts where deep excavation
or heavy embankmcnt is required for the
grade of such road, then at such places a
greater width may be taken by such company,
il necessary, not exceeding in the whole two
hundred feet. ar
SIC =. And he it further enacted, That the
said companies shall have the right to take
from the public lands, in the vicinity of said
road or roads, all such materials of earth,
stone, or wood, as may be necessary or con-
vcnlcnt from time TO time, for the construction
of said road or roads, or any part thereof
through said land
Ssc. g. And be il further enacted, Thai
there shall be, AMI is hereby, granted to said
cOmpany or companies, all necessary sites for
watering places, dcpots, and workshops along
the line of said roai or roads, so far as the
places convenient for the same may fall upon
the public lands: Proridcd, That no one dt,-
pot or watering place shall contain over opc
IN .tt l,.11
nearer To each other than ten miles, along the
line or lines of said road or roads Proridcd,
further. That the said grants herein contained,
rs well of the use of the public lands, rs Of
the materials for the construction of said road
or roads, shall cease and determine, unless
the road or roads be begun within ten years
from and after the passage of this act, and
completed within fifteen years thereafter
And prorided mOrcorcr, That il any road, At
any time after its completion be discontinued
or abandoned by said company or companies,
the grants hereby mad shall cease aud dctcrA
mine, and said lands hereby granted revert
back to the General Government: PrOriScd
further, That when a location for either Of
sail railroads, or plankroads, macadamizcd
turnpikcs, or sites for dcpots on the line of
such road or roads, shall be selected the prop
or officers of such road or roads shall transmit
to the Commissioners of the General Land
Office correct plot of the survey of said road
or roads, together with the survey Of sites for
depots. before such selection shall become OPP
eratiye Prorided further, That none of the
foregoing provision of this act shall apply to,
or authorize, any rights in any lands of the
United States other than such as are held for
private entry and sale, aud such rs are unsur-
veyed and held for public use by erection or
Improvements thereon.
Sgc 4. And be it further enacted, That the
right of way through the public lands Of the
United States lying in Black Rock in the coun-
ty Of Erie and State of New York, be, and tlfc
same is hereby granted to the Lockport and
Buffalo Railroad Company: Proridcd, That
in tho opinion of the President of the United
States such grant be not injurious to the Pub
lie interest, and that the location shall be APP
proved by the President as to the position and
width If the id railroad: AMI p,Oride FURTHER,
That ifthe said railroad shall not be compile
ted within two years, or il ut any time afI,r its
completion the said railroad be discontinued
or abandoned, the grant shall cease and de-
terminc. Approved August 4, 1852