Smyrna times., 1865-09-20
OFFICIAL.
LAWS OF THE UNITED STATES,
Pss,sd at the First Session Of the 7Eirty-eightl
Congress.
GPUBLIc-No. 1851

GPUBLIc-No. 1851
An ACT 10 amend entitled IAN TO aid in the
construction OF railroad and telegraph line from the
Missouri river TO the Pacific ocean. and TO TO
The government the of the same tor postal, mill
iary ond other purposes approved July first, eight
cen hundred and sixty two.
BE 1t enacted by the Senate and House Of Repre-
sendtiues Of the United States of America, in Con-
gTess assembled, That the capital stock of the COM
Pany enutled the Union Pacific Railroad Company,
authorized by The act of whIrh this act is mendatOry
shall be III shares of one hundred dollars, instead OF
one Thousand dolaes each that the number OF shares
shall he one million, instead of enc hundred thousands
and that the number of shares which any person shall
hold 10 entitle him to serve as director said COM
psny except the five directors To be appointed by the
Goyernm~n n shall be liy shares instead OF five sbares
aud that every subscriber said capital sock for each
Oi thousand dollars. heretofore subscribed
shall be enutled To certificate OF ten shares of one
hundred dollars each and that the following words IN
seelOn first OF SAID " which shall be subscr bed
for aud heo IN nut more than two hundred shares by
any one person be and the same hereby repealed.
Sec. ,. And be it further enacted, That the Union
Pacific R4nrOad Company shall cause books 10 be kept
open receive subscriptions 10 the capital stock Ofsad
eOmpany tunI the entire capital OF one hundred mil
lion O dollars snail be subscrIbed) The general of.
fee OF SAID company i'll the city OF New York. aud in
each OF the cIIes OF Boston, adelpha, Baltimore
CHIcaso' Cincinnati and ST Lonis, at such places
may be designated by the President of the United
Stles and in such other localities may be desiena-
led by hun. No subscription for said stock shall be
deemed valid unless The subscriber thereof shall
me lime OF subscribing pay remit to the treasurer
oi lhe company an am1unt per share subscribed by
MIN equal 10 the amount per share previously paid by
The then existing STOCKHOLDERS. The SAID company
shall make assessments upon its stockholders of not
less than five dollars per SHARE and at intervals not
exceeding SIX months from and after the passage Of
Tins act, until the par value of all shares subscribed
shall be tuly paid; any money only shall be reeeiva
be for any such assessment, equivalents for any
portion Ol the capital stock herenbenre authorized.
The capaI stock Of said company shall no. be in
creased beyond the actual cost OF said road And The
stock Of the upany shall be deemed personal prop
erty, and shall be transferable on the books o The
company, The general office ofsaid company in the
city OF New York. or at such other transfer office
the company may csis bllsh.
Sec. g. ARd be ii further enacted, That the Union
Pacific Railroad Company, and all other companies
provided for in this act and the act TO which this
amendment be. and hereby are empowered to enter
uPou purchase, take and hold any lands or premises
that may be necessary and proper for the construction
and working Of said road, not exceeding in width
hundred ieet each side OF its centre line. unless
greater width be required for the purpose of excava
uOn or embra1SmenI and also any lands or premises
that may be Cessary and proper for turnOus sta nd.
lng places r cars depOts station hOnses or any other
structures required in The construction and operating
oi saId road And each of said companies shall have
the right to cut and remove trees other materials
that might by falling cucumber lis road bed. though
standing or beng mJra than one hundred ieet there
lrOR. And IN the owner or Cl man OF such lands
or premises and such company cannot agree as to the
damages, the amount shalt he determined by the ap
praIsa OF tt res dIsneresied commissioners who may
Oc dppOhtou upon appicatlOn ny any party 10 any
Judge OF court of record any Of the Territories 10
Which The lands or premises TO be taken le and said
commissioners IN their assessments of damages, shall
app:aise such premises what would have been the
value thereof II the road had not been bu; and upon
return INTO court of such apprasemen and upon the
payment to The clerk thereof OF fhe amount award
ed by the eommIsOne for the and benefit OF the
owner thereof said premises shall be deemed to be ta
keu oy SAID company, whG shall thereby acquire tull
ttle TO the same Ter the purposes aforesaid And either
party ieeng agreved by sad assessment may, wlihin
fkAFaf from and n
Jury o Twelve men 10 estimate the damage sustained
spch appeal shall not interfere with the rights OF
sao company TO enter upon the premises taken. 10
oo ANY ac' necessary IN the construction OF its fOad
F"o @lu Pa'y appealing shall give bonds with sufi
se' soey ol sureues' for the payment of any costs
that may arise upon such appeal And in case the
party appealing does not Obtain a more fayorabIe ver
dict such party shall pay the whole incurred by
the appeal, we'll as It's And the payment intS
court Tor the use of The owner or eaiment Of a sun
qai 10 the final award shall be held TO vest sale
company the little Ofsad land, the right 10 use anC
occupy the for The construction, maRts lining
oJeratBg oil the road OF ssId company. AND III cas-
any an1s 10 be taken aforesaid shall be he'll
by any person residing without the Territory or sub
Jet 10 any legal disability. the court may appoint
proper person, who shall give bonds with suficlen
surely or suretes for the faithful execution o his
and who may represent in cOhrl the person disqual
fed absent as Aforesaid, when the same preceedIn
an be had IN reference to the apprasement OF IN
premises 10 be taken and with the same effect as hav
bee, already described And The title oil me compan
to the land taken by virtue OF TINS act snaii mol De
guard an To discharge faithfully his trust Anu IN cas-
shail be necessary for either OF the SAID companie
10 enter upon lands which are unoeeuPeo' uhs
which there is apparent owner or CLAIMANT II ma
proceed 10 take aud use Or the purPOse oil
said raItrJsd and may institute proceedings 10 inh'
described Tor The purpose OF ascertasIng Zee Vaiue
aad acquiring lille 10 the same and the cOhft ms
determine the KIND OF notice 10 be served on such owl
er or ners and may its discretion sPpointa
guardian ~ represent such owner or owners ~ Cqi
Ol hs or their IncapacIy or non-appearance. net
20 claimant shall WllnIn SIX years hV
the time OF the opening OF said ROAD across any Is
all cisIm Odamsges against against sad company shd
be barred. Ii shall be competent tor the lega guaru
an for any infant any other person nnder gnarol
ship 10 agree with The proper company as 10 uamag
sustained Oy reIsOr O the taking OF any la9ds oil 81
sdeh person undo disability. as Aforesaid Tor he "
ms ei0res1id and upon such agreement being mad
and approved by the court having supervision oil u
9th al acts Of SAID guardian. ihe said guardian sha
%sse full power TO make and execute conVeJan'
thereof the said company, which shall ves the lli
Ahereto in the said panI.
Sec A. And be IL further enacted, That section thr'
'ofaad act be hereby amended ny striking outth wo
FIVE Shere the same occurs in said section, and
inssfs'as IN lieu thereof the word ITEM; and by strl
Ips est as Motd .len :. where The same occurs IN sa
secion ana inserting IN lieu thereof the word tive
~" And ecIiOn seven Of said ACT il hereby amend
by amended by striking ont the word Fifteen" whe
ahe snme occurs ~ SAID section, and inserting IN w
sfal land,f whereof the same occurs in this net al
t6s ACT ID which this is an amendment shall not
construed to include coal and iron land And any Ian
granted by this act or the which is an amer
meni, shall not defeat impair any pre- eInpiiC
houaestea swamp land, or other lawful clam,
clnde any Government reservation or mineral lan
or improvements OF any bona fde settler any lar
returned and denominajed mineral lands and
slaaber necessary to support ais said improvements
miner or agricuuralIst, 10 be ascerfaned under g
rules as have been or NAV be established by the e,
missioner of The General Land Office, IN coniorm
with the provisions Of the pre- emptlpn law ffovlo
That the quantity thus exempted by the operat,ol
sls acl and the act iFhIch this act IN an amenon
skalAaal exceed one hnndred aad slaiy aekes iof o
settler who claims agricul,uralIsi ana sueh w
iiy for each seiiler who claims az mner, a" lne
Commissioned may establish by general regulalI
Provided also THAT the phrase but wbere The 50
shah contain TIMBER the tambey lhelepn y ie PSI
granted 10 SAID company" in the pTqgsQ Y saia q
Iioa Ihree, sha not apply TO the timber growing OF
ing or being oi any land further than ten lies II
the centre lima Of any one of said roads or p,snc
Ueniioaed In said act or iD this aei, And @aH ~