Arkansas true Democrat., 1858-03-02

raising means to commence and carry It on, ana the same right belongs 10 the Memphis and Fort Smith branches. The law neither pre- scribes nor indicates where these lands shall be taken further than that it shall be on the line of the road and within continuous line of twenty mstes and moreover could not be, as 1t would seem at the junction of the Memphis and Fort Smith branches, because it is expressly provided that these branches shall be entitled to their proportionate part of the land at the june tion With these restrictions 1t was intended to be left to the discretion of the companies: and the starting point would ordinarily be the place where the work commences. It is clear enough however that the quantity could not be taken in disjointed tracts, all along the line of the road.
 The right of the company to sell, lease, mortgage or make any disposition it may see proper of the one hundred and twenty sections, for the purpose of being appI cd to the construction of rhc road, is unreStricJ- Cd, and absolute. As to those lands each company has perfect fee simple estate. And in like manner when twenty continuous miles of road is completed, another like quantity of land may be sold and disposed of for the same purpose, and also, without restriction; and so on from time to time, until the road k completed. Beyond that, however, do not think the com pauies have the power of selling and passing complete titles, nor am l aware it is claimed. The act of Congress eXpre>sl inhibitS the sale of any of the lauds except as above stated; and then declares that If the road is not completed in ten years (by 9th February, l863,) no further sales shall be made, and the land unsold shall revert to the United States.
 Although the Cairo and Fulton, Memphis and Little Rock, and Fort Smith and Little Rock Railroad Companies, respectively, me eX- presslv inhibited by the act of Congress from selling any greater quantity of lands than those above alluded to, yet it must be held that they are entitled to the possession oi all the iano3 granted or selected, or which may be seIected and confirmed under that act for railroad puF- poses, and may protec, them from waste 1hlHTE or damage: may use, control, or lease them Tor ths b.aeh. of The roads, aud to aid in the con- s.ruction thereof l. other woris consider the legal title to be vested in the companies respectively, for ali practical purposes, I.abIe to be divested only On rou-comp3nce with the conditions of the act, and restrained as t0 the right of selling in the manner Indicated by the act And this k the necessary result ot the legislation of the State, in granting ant convey ing these lands 10 those railroad companies re- sptctiye,y without any reservation an.l subject onlv to the conditions. limitato and res,ric- tions contained u the ae. Ol Congress
 The estate thus vested may be tGega1 to one upon conditions subsel elNeHt,u Atlh. although construed strictly, q mol favored N laN ale Ae- vertheless valid. Thus devise Of l4uls{tpl town tur a school AnUse, provided t N. built within oae hnulrel rois of tls plate Where tAe lne-t.lg house stl.d+, was held b be a va- lid condition sub.equent, and on n0,-c compliance With ia iu a reasonable time, tLe vested est |. would be forfeited. UIyieu c3 st3ul5t1a Plct. Rep. 523 S1 where land was -lyeu oa condition that the public buildings of the p4r- isA should b. erected thereon, 1t was held to revert to the donor 4 tl- seat 1t justice ol che parish was removed under Al sanction oI at ac, Q: Jhe legislature pas, subsequent to the -raac. Poltr1 Jury Us Herls IS .H1,tin's La, Hgp. 21l. AuI -p \ < -rau- bs made ~ X i4 fee, with a lrpyI~o thai j be d.t hot pay ;weu- tE pounds Uy certain d4v tA- estate sIpJli b- r9d the uoA-EAymeAl woull produce a for- te.'ure of the estate, and the 5rdutor and hs Aaira wouId have a r.Lht ot entry fur breach Q: tht coHilIiou "r n -ht brl. eieatment, and thus resume the estsJe a1lr. l 44ft 3o3.
 conveyance oH cun4 Mon that the -raatee should keep Saw aul r.7t mii oI th4 ll.d, doing business $ a valid condition. aud .a.i- ure V! performance amounts u q forfeiture oI the estate. Lessse cf S1ercy gs Poni, , Hfm. Ono Hsp. 3oJ.
 Sa-n an estate X ca'Iel f. simple coulj- t-Jnal it the common law, or lee simple, SUD- Iec. to be defeated upon n e9ul ion subsequent. hy ,he failure or non-pcrfarma ~ Of winch, an estate Iready vested may be dciea-ed O. L.H. 2Ol; , g. Coms. 1j4; Is JJtus Rep l8t Subsequent coHd.t.ous opqrIte upon es ate, all ready created ana vested. aud rcude them lia- ule to be defeated | Kent Com l25.
 But it is 70 ba observed that so long as the 17rQ,'yu remains uubro6eu the estate is N tile same situation as i no such qualification iiu. been annexed tU t. And according 10 tho com mon law the grantee k said 10 be seized and may convey or demise the estate, or transmit tnr inheritance 10 hs heirs, though Me estate leH continue dyeasiJ'e until the condition be performed, or destroyed, or re eased, or barred bv tha statute of Limitation or hy estoppel Kent, l25; ? B'. Coat 156 Preston oa Tiles. l85.
 And it is to De notal, too, as a general princ.- pie ot law thu he who enters for d co di.ion broken becomes seized of his first estate, a.d avoids of course aIl intermediate charges uud Q cunbalces- Perkins, o1O; 1 Ste0 I1ltcl 121. 155; I keat 126
 That rule, however, wanll be varied n case the company should tl.l C. complete the roal within ten yelr5 Iaom the Ga.e ol the net uf Congress ot 1853: because hv tha express renu- oi th}t act, it s ,he uHsrII la'd lha, is to r.- vert to the United S.lt-s; ..alI thus ailimiu, all ,lles ot lands law0diiy male. But tar th-. ae- Tor ling to ordinary principles aii sales would Oa avoided. and the United States upon the re- version would become .1tG And po .ses,ed ofall the lands originally granted, free and clear ot all intervening charges aad g IcGmbA4c,1.
 By the act of 1856, \ is provided that eycry per-ou who on the 9Jh of Feb,ulry, 1853, oc- eupcd br residence and cultivation thereon, tuy tra't of land comprised W tha gran, lvr railroad purposes, may purchase hot exceeding one quar- ter section, to include hje residence and actual improvements, from the comiauy, at two dol- lars and fifty cents per acre, upon complviu. with the following conditions:
 l. The claimant must a three months after the lands selected and confirmed to the company, and the list or plat filed in the record- CTS office of the county where situate, file with the auditor his own affidavit and the atfdavi.s V! two disiuterested free holders of his couu.v. describing the land claimed by legal sub-divs- IonS, proving the fact of such occupaucy, resi- dence, and cultivation, on aud before the 9,h of February, 1853. And the company bv giv ing reasonable notice to the claimant. may ap. pear before the auditor and controvert the claim. aud the auditor may swear witnesses. hear proof, and allow or set aside claim. And the claimant shall after three months. or as soon as the company shall be in a condition to make title, pay the consideration for the land, and shall be entitled to receive from the company deed for the same, reserving two hundred feet in width through all tracts of land so conveyed, if required for the right of way oi said road but in case of failure to make proof orp pay the consideration money two dollars and fifty cents per acre--withiu the respective times specified the right to make the purchase shall cease
 Now, althoughthe proof ofpre-empton must be made within the time prescribed hv the law, on the whole line of the road yet the general lty of the language of the second section must pc restrained so as to contiue present sales Nv the company to pre-enptors to lands the com pany may lawfully sell. and which have been already pointed out; because ~ allow sales Of other railroad lands, to pre-emptors of any class oi persons, and the passing of complete titles bv