Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1864-09-20

fast as every twenty-five miles of road Is
completed as aforesaidi Provided, That
not more than ten sections of land per
mile, as said road shall be completed, shall
be conveyed to said company for all that
part of said railroad lying east of the
western boundary of the State of Mime
sofa, until the whole of said railroad shall
be finished and in good running order, as
q first class railroad, from the place of
beginning on Lake Superior to the west
ern boundary of Minnesota: Provided,
also, That lands shall not be granted I'M
der the provisions of this act on account
of any railroad, or part thereof construct
ed at the date of the passage of this act. |
SEC. 5. And be it further enacted, That
said Northern Pacific railroad shall DE
constructed in a substantial and work
manlike manner, with all the necessary
ings, turnouts, stations, and watering
places, and all other appurtenances, in
Guiding furniture, and rolling stock, equal
in all respects to railroads of the first
class, when prepared for business, with
rails of the best quality, manufactured
| from American iron. And uniform
guage shall be established throughout the
entire length of the road. And there shall
be constructed a telegraph line, of the
most substantial and approved descrip-
ton, to be operated along the entire line:
Provided, That the said company shall
not charge the Government higher rates
than they do individuals for like transPor.
tation and telegraphic service. And it
shall be the duty of the Northern Pacific
Railroad company to permit any other
railroad which shall be authorized to be
built by the United States, or by the Leg
| islature of any Territory or State in which
the same may be situated to form running
connexions with it, on fair and equitable
terms.
Sec. 6. And be it further enacted, That
the President of the United States shall
cause the lands to be surveyed for forty
miles in width on both sides of the entire
| line of said road after the general route
shall be fixed, and as fast as may be re-
uuired by the construction of said rail
road; and the odd sections of land hereby
granted shall not be liable to sale or en-
| try, or pre- emption before or after they
are surveyed except by said company, as
provided in this act; but the provisions
of the act of September, eighteen hundred
and forty one, granting presumption
rights, and the acts amendatory thereof,
and of the act entitled San act to secure
homesteads to actual settlers on the pub
lie domain approved May twenty, eigh-
teen hundred and sixty-two, shall be and
the same are hereby extended to all other
lands on the line of said road when sur
veyed, excepting those hereby granted to
said company. And the reserved alter
nate sections shall not be sold by the
Government at price less than two dol.
lars and fifty cents per acre, when offered
for sale.
SEC. 7. And be it further enacted, That
| the said Northern Pacific Railroad Com
pany'' be and is hereby authorized and
empowered to enter upon, purchase, take,
and hold any lands or premises that may
be necessary and proper for the construc-
ton and working of said road, not ex-
ceeding in width two hundred feet on
each side of the line of its railroad, IN
less greater width be required for the
purpose of excavation or embankment;
and also any lands or premises that may
be necessary and proper for turnouts,
standing places for cars, depots, station
| houses, or any other structures required
in the construction and working of said
road. And the said company shall have
the right to cut and remove trees and
other material that might, by falling en-
cumber its road bed, though standing or
being more than two hundred feet from
the line of said road. And in case the
owner of such lands or premises and the
! Sdlu COlu Ddlly CdullOl dSEGG dS W IuC value
of the premises taken, or to be taken,
for the use ofsaid road, the value thereof
shall be determined by the appraisal of
three disinterested commissioners, who
may be appointed, upon application by
either party, to any court of record in any
of the Territories in which the lands or
premises to be taken lie; and said com
missioners, in their assessment of dam
ages, shall appraise such premises at what
would have been the value thereof if the
road had not been built. And upon re-
turn into court of such appraisement, and
upon the payment into the same of the es-
timated value of the premises taken for
the use and benefit of the owner thereof,
said premises shall be deemed to be taken
by said company, which shall thereby ac
quire full title to the same for the pur
poses aforesaid. And eitherparty feeling
aggrieved at said appraisement may, with
in thirty days after the same has been re-
turned into court, file an appeal therefrom,
and demand jury of twelve men to esti-
mate the damage sustained; but such APP
peal shall not interfere with the rights of
said company to enter upon the premises
| taken, or to do any act necessary and pro-
per in the construction of its road. And
said party appealing shall give bonds,
with sufficient surety or sureties, for the
payment of any cost that may arise upon
such appeal; and in case the party appeal
ing does not obtain verdict, increasing
or diminishing, as the case may be, the
award of the Commissioners, such party
shall pay the whole cost incurred by the
appellee, as well as his own, and the pay
ment into court, for the use of the owner
of said premises taken, of sum equal to
that finally awarded, shall be held to vest
in said company the title of said land, and
of the right to uSe and OccuOV the soma
for the construction, maintenance. sam" and
operation of said road And in case any
of the lands to be taken, as aforesaid,
shall he hald h1 anr infant Gamma nn--n-t