Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1864-09-13

I
failure, TO be sued for and recovered in
any court of the United States, or of any
State or Territory of competent jurisdic-
ton.
Sec. 10. And be it further enacted. That
any two or more of the companies author
lied to participate in the benefits of this /
act are hereby authorized at any time to
unite and consolidate their Organizations.
as the same may OF shall be, upon such /
terms and conditions, and in such man
ner as they may agree upon, and as shall |
not be incompatible with this act, or the /
laws of the State or States in which the |
roads of such companies may be, and to !
assume and adopt such corporate name |
and style as they may agree upon, with a |
capital stock not to exceed the actual |
cost of the roads SO to be consolidated, |
and shall file a copy of such consolidation
in the Department of the Interior, and
thereupon such organization so formed
and consolidated shall succeed to. possess,
and be entitled to receive from the Gov
eminent of the United States all and sin
gular the grants, benefits, immunities,
guarantees, acts and things to be done
and performed, and be subject TO the
same terms, conditions, restrictions and |
requirements which said companies re-
| spectively at the time of such cOnsolida- |
ton are or may be entitled or subject to |
under this act in place and substitution of |
/ said companies so consolidated respect |
lively. And all other provisions of this |
act, so far as applicable, relating or in any
manner appertaining to the companies so |
consolidated, or either thereof, shall apply
and be of force as to such consolidated
organization of the roads or either of them
of the companies so consolidated, any
other of the road or roads of either OF the
/ 81 Il
| land forming, or intended, or necessary
to form n portion of a continuous line
! from each of the several points on the
Missouri river hereinbefore designated to
the Pacific coast shall not have construct
| ed the number of miles of its said road,
within the time herein required, such
consolidated organization is hereby
authorized to continue the construction
of its road and telegraph in the general
direction and route upon which such in
complete or unconstructed road is herein
before authorized to be built, until such
continuation of the road of such consoh-
dated organization shall reach the con-
structed road and telegraph of said other
company, and at such point to connect
and unite Herewith; and for and III
aid thereof the said consolidated or
ganization may do and perform, in refer
ence to such portion of road and tele-
graph, as shall so be in continuation of
its constructed road and telegraph, and to
the construction and equipment thereof,
all and singular the several acts and
things hereinbefore provided, authorized,
or granted to be done by the company
hereinbefore authorized to construct and
equip the same, and shall be entitled to
similar and like grants, benefits, immunl-
ties, guarantees, acts, and things to be
done and performed by the Government
of the United States, by the President of
the United States, by the Secretaries of
the Treasury and Interior, and by COM
miissioners, in reference to such company
and to such portion of the road hereinbe-
fore authorized to be constructed by it,
and upon the like and similar terms and
| conditions, so far as the same are appl-
cable thereto. And said consolidated
cOmpBny shall pay to said defaulting COM
pany, the value, to be estimated by com
petent engineers of all the work done and
material furnished by said defaulting COM
pany, which may be adopted and used by
said consolidated company In the pro-
gress of the work under the provisions of
this section: Provided, nevertheless, That
said detaulting company may at any time,
before receiving pay for its said work and
material, as hereinbefore provided, on its
own election, pay said consolidated com
pany the value of the work done and ma
terial furnished by said consolidated com
pany, to be estimated by competent engi
neers, necessary for and used in the con-
struction of the road of said defaulting
company, and resume the control of Its
said road; and all the rights, benefits,
and privileges which shall be acquired,
possessed, or exercised, pursuant to this
section, shall be to that extent an abate-
ment of the rights, benefits, and privileges
I, ,T,,f., ha=
/ pany. And in case any company authOrI-
zed thereto shall not enter into such con-
solidated organization, such company,
upon the completion of its road, as here
inbefore provided, shall be entitled to and
is hereby authorized to continue and eX-
tend the same, under the circumstances,
and in accordance with the provisions of
this section, and to have all the benefits
thereof, as fully and completely as are
herein provided touching such consolIda-
ted organization And in case more than
one such consolidated organization shall
be made, pursuant to this act, the terms
and conditions of this act, hereinhefore
recited as to one, shall apply in like man
Iner, force and effect to the other: Pro-
vided, however, That rights and interests
at any time acquired by one such consoh-
dated organization shall not be impaired
by another thereof. 1t is further prOvid-
ed that should the Central Pacific Rail
road Company of California complete
their line to the eastern line of the State
of California before the line of the Union
Pacific Railroad Company shall have been
extended westward so as to meet the line
of said first named company, said first
named company may extend their line of
road eatward one hundred and fifty miles
on the established route, so as to meet
and connect with the line of the Union
Pacific road, complying in all respects