The daily Minnesota pioneer. [volume] (St. Paul, Minn.) 1854-1855, 1855-08-23

To amend act entitled An act TO incorporate the
Minnesota and North Western Rail Road Compa-
n.y."
Sec. 1. Be it enacted blythe Legislature As
semblv of the Territory Of Minnesota
That the eighth section of the act entitled An
act to ncor, crate the Minnesota and North Western
Rail Road Company" be and the same is hereby
amended by striking out so much of the said section
as follows the words " Provided also" and inserting
in the place thereof the words following that is to
saw that whenever and as the net earnings OF
the said road received by the said company shall
have exceeded twenty per cent Ut one NTH OF the
amount Of the capital actually expended by the said
company in payments for lands and rights Of way,
and in constructing and furnishing the said road and
appurtenances, the said company shall forever there
after pay sem-annualy to the treasurer OF the terri
tory or future state of Minnesota, seven per cent OF
the net earnings of the said Railroad which shall
have accrued and been received by the said company
within the six months next preceding the times OF
the said respective payments, the first OF said pay
ments to be made at the expiration Of six months
from and after the said twenty per cent IN net earn
nps shall have been received by the said company.
And for the purpose of asceraning the proceeds re-
CENTS and income of the said road, an accurate ac-
count shall be kept by the said company, which ac-
count shall every six months, and at the time OF the
making said payments to The treasurer, be fur
nshed to the Governor OF the said territory or state
by the said company duly verified by the afldavlts OF
its president and treasurer.
The Governor OF said territory or state, or any
other person duly appointed by law, shall have pow
err to examine the books and papers OF the said cor
poration and to examine, under oath, the officers,
agents and EMPLOYEES of the said company, and other
persons for the purpose of testing the accuracy OF
the said account, aforesaid to be furnished by
the said company, and il any person SO examined ny
the Governor or other authority shall knowingly or
wilfaly swear falsely or IL the ofhcers making such
affidavits or the ver6catons mentioned IN the sec
ond section of this act, shall knowingly and wllfally
swear falsey every such person shall be subject to
the pains and penalties Of perjury.
The lands granted to said company by the act 10
which this is amendatory shall be exempt from TAXA
ton under the laws of the territory and future state Of
Minnesota until patents shall have been duly issued
therefor upon the completion Of each twenty miles
of the said road az contemplated in and by the act Of
Congress entitled act to aid the territory OIL Min-
nesota in the construction oil Hall ROAD there aP
proved June 18th, 1854.
SO The sixteenth section of the act to incorporate
the Minnesota and North Western Rail Road Com
pany is hereby repealed. The said company snail
render TO the Governor OF the territory or state oil
Minnesota on or before the first day Of January in
each and every year. statement in writing verified
bv the oath the president and treasurer Of the said
Rail Road company, exhibiting the amount OF capital
actually expended by the said company IN the con-
struction Of the said road and the machinery therefor
and appurtenances thereunto belonging, win the
amount of their receipts and expenditures curing .ne
pIete at least fifty miles Of the track OF the SAID Raj
Road between the point where it crosses the MIss's
sippi River and the northern terminus OF the road,
within three years from the passage OF TINS ACT an9
the whole of the remainder Of the said kali ROAD
from the said northern terminus to the line OF the
state of Iowa shall be constructed and wholly COM
peted by the said company within six years from
and after the passage Of this act The whole OF the
track of the said Rail Road shall be laid with ral
not less than sixty pounds per yard ana tne engines
II. kon ho N
equal to those the best description Of roads IN Inc
United States.
Within twenty two months from and alter the pas
sage of this act or the route OF the sad nan
Road between st. Paul and the Iowa line snal De
sooner located and the timber cut off, then within
thirty DAYS after such timber shall have been cut off,
the said company shall construct, complete and keep
in operation line Of telegraph from Dubuque to 81;
Paul and st. Anthony. The route or line Of SAID
road shall pass point not exceeding one and one
fourth of mile from that portion OF the Lake ST.
Cx adjoining the eastern limits Of the city OF Still
water in said territory, and also to and through the
town Of ST. Anthony Falls, anything contained IN the
act to which this is amendatory to the contrary not
withstandng.
SO In case the said company shall fail to con-
s,rnct and complete the said fifty miles Of Rail Road
be,ween the northern terminus thereof and the pon'
where said road crosses the Mississippi River with
in three wears from the passage Of this act or to con
sruct and complete the whole Of the remainder oil the
said Rail Road within three years herea'er' OF %
construct and out in operation the said line Of te
graph, within the time limited by this act, them ano
IN either Of the said cases, this act and the sad ac
to which this is amendaiory, and all grants contained
in the said acts either Of them, shall cease ana De
void, and all the lands granted TO the saId company
and then belonging to it, together with all its CHAR
tered rights and privileges, shall revert TO the terri
tory OF Minnesota. 80.
"a. All contracts, obligations, bonds, certificates
and agreements which shall be entered into or execu
ted in the name and behalf Of the said company, BY
its proper officers agents. or any Of them, within
the scope Of the general or special powers conferred
oblieatory upon the said company, although, excep!
IN he case Of bonds and contracts in relation to real
estate, such instruments may not be verified by the
common seal Of the said company nor specially au
thorised by such directors.
s5, In case the said company, its officers, agents
and servants, or any either Of them, refuse to e
perform any duty required by this act, or the sa.d
act Of incorporation a. hereby amended, the said
company, sad officers agents and servants MAJ