The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-12-06
az thnir ahsence or inahilitu ahp ~.

spectors of said election, and shall certify un-
der their hands, the names of the directors
elected at said meeting. And the said COM
missioners, treasurer and secretary shall then
deliver over to said directors all the moneys
properties, subscription books, and other
| books in their possession, and thereupon the
duties of said commissioners and the officers
previously appointed by them shall cease and
determine forever, and thereafter the stock
| holders shall constitute said body polite and
corporate. Annual meetings of the stock
holders of the said corporation for the choice
of officers, (when they are to be chosen,) and
| for the transaction of business, shall be hold
en- at such time and place and upon such no.
tice as may be prescribed in bylaws.
SEC. 2. And be it further enacted, That the
fright of way through the public lands be, and
the same is hereby, granted to the said Allan
| tic and Pabific Railroad Company, its success
sors and assigns, for the construction of rail-
road and telegraph as proposed; andthe right,
power aud authority to take from the public
lands adjacent to the line of said road materl-
al of earth, stone, timber, and so forth, for the
construction thereof. Said way is granted to
said railroad to the extent of one hundred feet
| in width on each side of said railroad where
| it may pass through the public domain. inclu-
ding all the necessary grounds for station
| buildings, workshops, depots, machine shops,
switches, side -tracks turn tables, and waller
stations; and the right of way shall be exempt
| from taxation within the Territories of the
United States. The United States shall ex-
| tinguish, as rapidly as may be consistent with
public policy and the welfare of the Indians.
and only by their voluntary cession the In
dian title to all lands falling under the opera
ton ofthis act and acquired in the donation
! to the road named in the act.
| SEC. 3. And be 1t further enacted, That there
be, and hereby is, granted to the Atlantic and
Pacific Railroad Company, its successors and
assigns, for the purpose of aiding in the con-
lstruction Of said railroad and telegraph line to
the Pacific coast, and to secure the safe and
speedy transportation of the mails troops.
munitions of war, and public stores, over the
route of said line Of railway and it's branches,
every alternate section of public land, not
mineral, designated by odd numbers, to the
amount of twenty alternate sections per mile
on each side of said railroad line, as said com,
pany may adopt, through the Territories OF
The United States, and ten alternate sections
of land per mile on each side of said railroad
whenever it passes through any State and
Whenever, on the line thereof, the United
States have full title, not reserved, sold, gran.
ted, or otherwise appropriated, and free from
presumption or other claims or rights, at the
time the line ofsaid road is designated by q
plat thereof, filed in the office of the Commits
sioner of the General Land Office; and when.
lever, prior to said time, any of said sections
or parts Ofsections shall have been granted
Isold,i repre- empted, or otherwise disposed
OF, other lands shall be selected by said com
Ipany in lieu thereof, under the direction of the
Secretary of the Interior, in alternate sections
and designated by odd numbers, not more
than ten miles beyond the limits of said al
lternate sections, and not including the reserv.
ed numbers: Provided, That if said route shall
be found upon the line of any other railroad
route, to aid in the construction of which
lands have been therefore, granted by the Uni
ted States, as far as the routes are upon the
same general line, the amount of land hereto.
fore granted shall be deducted from the
amount granted by this act ProUided further,
That the railroad company receiving the pre-,
vious grant of land may assign their interest
to the said Atlantic and Pacific Railroad
Company" or may consolidate, confederate
and associate with said company upon the
terms named in the first and seventeenth sec.
tions of this act, Provided further, That al
mineral lands be, and the same are hereby, ex
lcluded from the operations of this act, and il
lieu thereof like quantity of unoccupied anC
unappropriated agricultural lands in odd mum
bered sections nearest to the line Of said road
and within twenty miles thereof, may be Sc
lected as above provided And proUided fur
Tier, That the!word mineral" when it occur.
in this act, shall not be held to include iron o.
coal: Ard prO0ided further, That no money
shall be drawn from the treasury of the Uni.
ted States to aid in the construction of the
Atlantic and Pacific Railroad
| Sec. 4. Aad be 1t further enacted, That when
ever said Atlantic and Pacific Railroad Com
pany shall have twenty-five consecutive miles
u any pOIblOu VI SSiu IdllIOdu anu Telegraph
line ready for the service contemplated, thu
President of the United States shall appoint
three commissioners to examine the same, who
shall be paid reaSona bic compensation fo
their services by the company, to be deter
mined by the Secretary OF the Interior; and i
1t shall appear that twenty five consecutive
miles of said road and telegraph line have
been completed in good, substantial and work
maniike manner, as i'll all other respects re
CURED by this act, the commissioners shall Sc
renOrt uO1pr oath to the President of he | nj
ted States, and patents of lands, as aforesaid
shall be issued to said company the right anC
title to said lands situated opposite to and co
terminous with said completed section o.
said road. And from time to time, wheneve
twenty five additional consecutive miles hav,
been constructed, completed, and i'll readiness
as aforesaid, and verified by said commission
ers to the President of the United States, theI
patents shall be issued to said company con
veying the additional sections Of land as afore
said, and so on as fast as every twenty-fy,
miles of said road is completed as aforesaid
Sec. 5. Aaed be it further enacted, That sail
Atlantic and PACING railroad shall be in
subs antai and Workmanke manner with al the nee
outs, stations and watering places and all other appul
all respects to railroads of the first class when prepare
for business, with rails OF the best quality, manuiactu
ed from American iron And uniform gauge shall b
established throughout the entire length OF the road
And there shall be constructed telegraph line of tn
ted along the entire Ine PROVIDED, That the said com
shall not charge the Government higher rates thai
pho And shall be the duty of Atlati
road which shall authorized to be built By the Unite
statesor by the Legislature OF any Territory State
which the same may be situated, to form running con
neXionS with 1t, on lair and equitable terms.
Sec. q. And be 1t further enacted, That thu
President of the United States shall the lands t.
surveyed Tor forty miles in width both sides SAT-
road al er the general route shall be liked and
ODD sectons Of land hereby granted shall not be- la
able to sale or entry before after the
q. v. & idpd
this act but the provisions of the oil September egh
and the acts amendatoy thereof and Of the act ene
An act to homesteads actual settlers on thu
and sXytwo shall be, and the same are hereby extend
ed to all other lands the line of said road when sur
Yeyed excepting those hereby granted to said company
SEC. z. And be it further enacted, That the
said Atlantic and Pacific Railroad Company be and is
chase, take and hold any lands premises may b.
necessary and proper for the construction and working
eachdeof the line OF its road unless greater width
also any lands or premises that may be necessary
and proper for turnouts spndng places for cars depot
stati0nouses or any other structures required in thu
constitution working of said road And the saidcom
pany shall have the right to cut and remove an(
bed, though standing being more than two hundred
feet from The line OF said road And in the owner
such lands premises and the said company cannot
gree as to the value of the premises to be
mined by the appraisal of three disnterested commits
Soners, who may be appointed upon application by eli
her party to any court of record in any the Terri
res in which the lands premises be taken e ant
said commissioners in their assessment of damages shaI
appraiSe such premises at what would have been tn,
value thereof if the road had not been built And upoI
return into court OF such appraisement and upon thu
payment into the of the estimated value of m,
premises taken for the and benefit owner there
Of said premises shall be deemed to be taken by saC
company which shall thereby acquire full title to
fsame for the purposes aforesaid And either
at said appraisement may within thirty after The
same has been returned into court file appeal there
from, and demand jury Of twelve men to estimate the
damage sustaned but such appeal shall interfere
with the rights fsad company to enter upon prem
SeS TAKEN to do act necessary and proper in the
construction of its road And said party appealing shall
give bonds with sufficient surety eties the pay
ment OF any cost that may arise upon such appeal
in case the party appealing does not obtain verdict
more favorable, such parry shall the whole
Cured by the appellee well his OVID, the pay
nent into court for the of the said prem
seS taken at sum equal to that finally awarded shall
be held to vest in said company the title of said land
and the right to and occupy the for the con
structon maintenance and opera said road Anc
IN case any of the lands to be taken as aforesaid
shall be held by an infant, femme covert, compos
insane person. persons residing without the Territory
within which the lands be taken lie or persons snb
jected to any legal disability the court may appoint
guardian, for any party under disqualification to appeaI
IN proper person. who shall give bonds wi sufficient