Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-09-05

NUMBER 12.

act ana required Tor the said right OF way
aud grants hereinafter made.
Sec. 3. And be it further enacted, That
there be and is hereby granted to the said
company, for the purpose of aiding in the
leODstruction Of said railroad and telegraph
line, and to secure the safe and speedy
transportation of the mails, troops, NUM-
tions Of war, and public stores thereon,
every alternate section Of public land, des-
ignated by odd numbers. TO the amount of
five alternate sections per mile on each side
of said railroad, on the line thereof, and
withithin the limits of ten miles on each
side of said road, not sold, reserved, or 9th
erWise disposed of by the United States,
and TO which presumption or homestead
claim may not have attached, At the time
the line of said road is definitely fixed !:
/ Provided, That all mineral lands shall be
excepted from the operation of this act;
/ but where the same shall contain timber,
the timber thereon is hereby granted 70
/ said company. And all such lands, so
granted by this section, which shall not be
sold or disposed of by said company within
three years after the entire road shall have
been completed, shall be subject 10 settle
ment and pFe-emptiou, like other lands, ct
priee not exceeding one dollar and tWen-
ty-hye cents per acre, to be paid to said
company.
Sec. 4. And be it further enacted, That
whenever said company shall have com
pleted forty consecutive miles of any por-
ton of said railroad and telegraph line,
ready for the service contemplated by this
act, aud supplied with all necessary drains,
culverts, viaducts, crossings, sidiuEs, brid-
ges, turnouts, watering places, depots,
equipments, furniture, and all other appur-
tenauees Of a hrst-class railroad, the rails
and all the other iron used in the constrne-
tion and equipment of said road to be Amer
1 lean manufacture of the hest quality, the
President OF the United States shall appoint
three commissioners to examine the same
and report to him in relation thereto !; and
/ II it shall appear to him that forty eonseeu-
tive miles of said railroad and telegraph
line have been completed and equipped in
all respects as required by this act, then,
upon certificate of said commissioners %
that effect, patents shall issue conveying
the right and title 10 said lands to said
company, on each side Of the road as far
as the same is completed, TO the amount
Aforesaid and patents shall in like manner
issue as each forty miles of said railroad
aud telegraph line are completed, upon cer-
uhcate of said commissioners. Any vacan-
eies occurring in said board of commissions
ers by death, resignation, or Otherwise,
shall be filled br toe President Of the Uni-
ted States: Proriisd, horerer, That no
such commissioners shall be appointed by
the President of the Uniied States unless
there shell be presented to him statement
verified on oath by the President Of said
company, thatEeach forty miles have been
completed, in the manner required by this
act, and setting forth with certainty the
points where such forty miles begin aud
where the same end which oath shall be
taken before a judge Of a court Of record.
Z r nj
for the purposes herein mentioned the Sec
retaFy of the Treasury shall, upon the
certificate In writing of said commissioners
of the completion and equipment of forty
consecutive miles of said railroad aud tele-
graph, in accordance With the provisions
of this act, issue to said company bonds
of the United States of one thousand dol
lars each, payable in thirty years after date.
| bearing six per centum per annum interest,
| (said interest may be paid in United States
! Tresury notes or any other money or cur
rency which the United States have or
shall declare lawful money aud legal ten
der to the amount Of sixteen Of said bonds
per mile for such section of forty miles=
aud to secure the repayment TO the United
States, as hereinafter provided, Of the
amount Of said bonds so issued and deliv-
cred TO said company, together with all
| interest thereon which shall have been
paid by the United States, the issue Of
said bonds and delivery to she company
shall ipso faeto constitute g first mortgage
on the the whole line of the railroad and
telegraph. together with the rolling stock,
fixtures, and property Of every kind and
description, and in consideration Of which
said bonds may be issued; and on the re-
fusal or failure of said company TO redeem
said bonds, or any part Of them, when re-
N. IN, hrra he 90 h.
Treasury, in accordance with the provisions
Of this act, the said road, with all the.
rights, functions, immunittes, and appur-
tenRuees thereunto belonging, and also all
lands granted to the said company by the
United States, which, at the time Of said
default, shall remain in the ownership Of
the said company, may be taken possession
of by the Secretary of the Treasury, for
the use and benefit 'Of the United States ::
Provided, This section shall not apply to
that part of any road now constructed.
Sec. 6. And be It further enacted, That
the grants aforesaid are made np0u c0ndi-
tion that said eompany shall pay said
bonds At maturity, and shall keep said
railroad and telegraph line in repair and
use, and shall at all times transmit dis
patches over said telegraph line, aud
transport mails, troops and munitions Of
war, supplies, and public stores upon said
railroad for the government, whenever re-
quired TO do 50 by any Department there
Of, and that the government shall at all
times have the preference in the use Of the
same for all purposes aforesaid, lat fair
and reasonable rates OF computation, not
to exceed the amounts paid by private par
ties for the same kind of serViee) aud all
compensation for services rendered % the
government shall be applied to the pay
ment Of said bonds and interest until the
whole amount is fully paid. Said eompa-
ny may also pay the United States wholly
or IN part. in the same or other bonds.
treasury notes, or other evidences Of debt
against the United States, 20 be allowed at
par aud after said road Is completed, un-
I'll said bonds and interest are paid, atleast
Eve per eentum Ofthe net earnings Of said