The Van Buren press., 1859-08-24
Cairo and. Fulton Railroad
An act to amend "An act to aid in tho
construction of the Cairo and Fulton
Railroad, Approved Jan y 10Th, 1855. .

construction of the Cairo and Fulton |
Railroad, Approved Jan'y 10Th, 1855"
WHEREAS, The Congress of'the United
States, by virtue of an act granting the
right Of way. and making grant of land to
the States of Arkansas and Missouri, to aid |
in the construction OF a railroad from point !
on the Mississippi, opposite the mouth of
the Ohio river, ria Little Rock, to the Tex.
as boundary near Fulton, in Arkansas,
with branches to Fort Smith and the Mis-
sissippi river. approved February 9. 1853,
did make to the State of Arkansas, certain
grants of land, for purposes and on condi-
tions in said act specified
AsD, WHEREAS, The Cairo and Fulton
Railroad Company, by authority of an act
of the General Assembly of the State of Ar
kansas, approved January 18th, 1853, did
proceed to survey the limo or route Of the
railroad contemplated by such an act that
is to say, from the south boundary Of Mis-
souri, to the boundary line Of Texas, via
Little Rock, which survey was completed
On the 10Th day of September, 1854, and
duly reported to the President and direct ors
Of said company and by them adopted and
approved according to law, by their resolu-
tions Of the 9th day Of October, 1858, where
by said line or route, SO surveyed and re-
ported, was definitely fixed and established
in conformity to said survey.
AND, WHEREAS, further. The General AS
sembly of the State of Arkansas, did, by
virtue Of the provisions of an act entitled
"An act to aid in the construction of the
Cairo and Fulton Railroad" approved Jan
uary 10th, 1855, adopt and confirm said
line or route, as surveyed, established and
approved, in conformity to said acts of
Congress and said General Assembly there
tofore enacted = =
THEREFORE, For the purpose Of Civ
ing force and effect to the said recited acts,
according to the true intent and meaning
thereof:
SEC. l. Be Il enacted by The General As
scm5iy Of tie State of arkansas, That all
the lands granted or intended to be granted
to the State Of Arkansas by virtue of the
provisions Of the act Of Congress aforesaid,
approved February 9th, 1858, which lie a
long and adjacent to the route of the said
Cairo and Futon Railroad from the south
boundary Of Missouri, to the boundary line
of Texas, as surveyed, located and cstab-
tablished by said company, and approved
and confirmed by act Of the General AS
sembly of the State Of Arkansas aforesaid,
approved January 10th, 1855, and re-af-
frmed and established by this act, inclu-
ding all such lands as have been, or shall
be selected under and by virtue Of provi-
sions contained in said act of Congress, in
lieu Of such lands as nave been sold, or may
have been otherwise appropriated by the
by said act of Congress, be, and the same
oh1,fr fa1 nj ,al
unto the said Cairo and Fulton Railroad
Company, as organized under and by vir-
tue of the provisions of the aforesaid act Of
January 18th, 1858, subject to all the con-
ditions, limitations, and restrictions con-
tanned in the act of Congress aforesaid, and
in the act of Congress entitled "An act for
the relief of settlers on lands reserved FOR
railroad purposes" approved March 9th,
1854 PROVIDED, That all costs and charges
incident to the selection, listing control and
sale of said lands, shall be paid by said
company, and no part thereof by said State
of Arkansas PROVIDED, further, That the
lands granted or intended to be granted to
the State of Arkansas, by virtue Of the
provisions of the act Of Congress aforesaid,
approved February 9th, 1853, which lie a
long and adjacent to the route Of the Little
Rock and Fort Smith branch Of said Cairo
and Fulton Railroad, be, and the same are
hereby granted to the Little Rock and Fort
Smith Company. according to the provi-
sions of this act, with the same restrictions,
and limitations and rights created by this
act, and no other so far as the same are ap-
plicable to said Little Rock and Fort Smith
Railroad.
! SEC. 3. Every person, who, on the 9th
day Of February, 1858, occupied, by resi-
dence and cultivation thereon, any tract of
land comprised in the grant made by virtue
of, and under the provisions of such act of
Congress of February 9th, 1858, may pur-
chase from said Cairo and Fulton Railroad
Company, at two dollars and fifty cents per
acre, the legal sub division Of such land as
shall include his residence and actual i'm
proyements, not to exceed one quarter sec
ton, by complying with the following con-
ditions -
Sec. 3. Such claimant shall, within three
months after, said lands are selected and
confirmed to said company. and list or
plat thereof filed in the Recorders office in
the county in which such lands may lie, file
with the Auditor Of State, his own affida-
Wit, accompanied by the affidavits of two
dislnterested frec-holders Of his county, de-
scribing the land claimed by legal sub b-divi-
sions, proving the fact of such occupancy,
residence and cultivation upon such legal
subdivision with view to actual cultiva-
ton and settlement. before the day above
specified. Said company may, by giving
reasonable notice to such claimant, appear
before the Auditor and controvert the facts
set forth in such affidavits, and the Auditor
may swear witness, hear proof, and, for
cause shown, set aside any such claim
PROVIDED, That no such claim shall be set
aside for misdescrption, or error in form
only, founded on mistake but on affidavit,
showing such mistake, reasonable time may
be given for the fling Of corrected proof.
Sec. 4. Said claimant shall, after three
months, or as soon thereafter as said com
pany shall be in condition to make title,
pay to said company the consideration foI
said land as herein before provided =
whereupon he shall be entitled to receive
from said company deed for the same; bu,
in case of failure to file said proof or pay
| said consideration money! within the re