The Santa Fe weekly gazette. [volume] (Santa Fe, N.M.T. [i.e. N.M.]) 1851-1854, 1853-03-05
NUMBER 81.

pi, and Alabama, in aid Of the construc.
ton of a railroad from Chicago to Mo.
bile" shall have the right to purchase, at
the price established by law in regula.
ting the sales oflands, a quantity Of the
tract 50 settled on and improved, not less
than forty nor more than one hundred
and sixty acres, in legal subdivisions, on
which said improvements may be situa.
ted; Procidea, Thatany person claim.
ing the rightto purchase under this act
shall, before the actual offering Of the
tract at public sale, file with the register
of the proper land office, a notice desert.
bing the land by its numbers, and make
the necessary proof, affidavit, and pay.
mcnt for the land, within twelve months
from the date of this act and proc;;.
ded furtber, That the right of way up.
on and across any tract Of land claimed
under the provisions of this act, not ex.
ceeding two hundred feet in width, shall
be reserved and retained for the said
rail road and branches, as the same NAV
be located and constructed.
Approved, August 2, 1859.
CnAp. LXXX.-An Act to grant the
Right Of Way to all Rail and Plank
Roads and Macadamized Turnpikes
passing through the public Land be.
longing to the United States.
BeHenacted by the Senate and House
Of Representatives of the United States
Of America in Congress assembled, That
the right of way shall DO, and is hereby
granted to all rail and plank road, or
Macadamized turnpike companies that
are now or may be chartered within ten
years hereafter, ever and through any Of
the public lands of the United States.
over which any rail or plank road or
Macadamized turnpikes are or may be
authorized by an act Of the Legislature Of
the respective States in which public
lands may be situated and the said
company or companies are hereby auth.
orized to survey and mark through the
said public lands, to be held by them for
the track Of said road, one hundred feet
in width: Pr0gided, That in case where
deep excavation Or heavy embankment is
required for the grade ofsuch road, then
at such places greter width may be ta-
ken by such company, if necessary, not
exceeding in the whole two hundred
feet. ali5N q ID
SEC. 9. AndDOa further enacted,
That the said company or companies
shall have the right to take from the pub.
lie lands, in the vicinity of said road or
roads, all such materials of earth, stone,
or wood, as may be necessary or con-
venient, ,Yirom time to time for the first
construction ofsaid road or roads, or any
part thereof, through said land.
SEC. 8. And be 1t .farher enacted,
That there shall be, and is hereby gran.
ted to said company or companies, all
necessary sites for watering places, de-
pots, and workshops along the line of.
said road or roads, SO far as the places
convenient for the same may fall upon
the public lands Provided, that no one
depot or watering place shall contain
over one square acre, and that said sites
shall not be nearer to each other than ten
miles along the line or lines of said road
orrads: Proeidedfwthr, That the said
grants herein contained, as well Of the
use ofthe public lands, as ofthe 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 provided moreocer, That if any
road, at any time after its completion,
he discontinued or abandoned by said
company or companies, the grants here,
by made shall cease and determine, and
said lands hereby granted, revert back to
the general government; Provided fur
Ither, That when u location for either Of
said railroads or plank roads, Macada,
nized turnpikes, or sites for depots on
the line of such road or roads shall be &C.
lected, the proper officers Of such road or
roads shall transmit to- the commisi-
oner Of the General Land Office a correct
plat of the surveyo of said road or roads,
together with the survey of sites for do
pots before such selection shall become
operative: Prorided further, Thatnone
Of the foregoing provisions 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, and such as are unsureyed
and not held for publicusc by erection or
improvements thereon.