New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-26

the pu0uc lands adjacent to the line Of sa
road, earth. stone, timber and other mat
rlals for the construction thereof. Sal
right OF way is granted to said company
the extent of two hundred feet in width c
each side Of said railroad where it may pa
hereby granted to said company gr0unt
for stations, buildings, workshops, wharve
switches, side-tracks, turntables, waite
stations, and such other structures a. ma
be necessary for said railroad, not excee@
ing forty acres of land at any one point.
Sec. 9. That for the purpose of aiding /
the construction of the railroad and tell
graph line herein provided for, there
hereby granted to the said Texas Pacif
Railroad Company, its successors an
assigns, every alternate section of publ
land, not mineral, designated By cd
numbers, to the amount Of twent
side OF said railroad line, a. such line ma,
be adopted by said company, through th
| Territories Of the United States, aud tel
alternate sections of land per mile on eacl
side Of said railroad in California, wher
the same shall BOT have not hare been sold
reserved, or otherwise disposed Of by tn
United States, and to which pre-emptiol
| or homestead claim may not have attached
| at the time the line of said road is definitel,
fixed. In case any of said lands shall have
been sold, reserved, occupied, or pre-
empted, or otherwise disposed of, othel
lands shall be selected in lieu thereof by
said company, under the direction of thu
Secretary of the Interior, in alternate sec
tons, and designated by odd numbers, no,
more than ten miles beyond the lipits Of
said alternate sections first above named
and not including the reserved numbers
If, in the too near approach OF the said rail
road line to the boundary OF Mexico, the
number Of sections of land to which the
company is entitled can not be selected im.
mediately on the line of said railroad. or in
lieu of mineral lands excluded from this
grant, like quantity of unOccupied and
unapprOpriated agricultural lands, in odd
numbered sections nearest the line of said
railroad may be selected as above provided;
and the word mineral" where it occurs in
this act. shall not be held to include iron or
coal: Provided, however, That no public
lands are hereby granted within the State
Of California further than twenty miles on
each side Of said road, except to make up
deficiencies as aforesaid, and then not to
exceed twenty miles from the lands origin
ally granted. The term ships channel"
as used in this BILL shall not be construed
as conveying any greater right to said
company to the water front at San Diego
D0y eAoA ~ AANS 0eQuAAO W SAS. SAOuhs puA.
chase or otherwise except the right of way,
as herein granted; and provided further,
that all such lands, so granted by this
section to said company, which shall not be
sold or otherwise disposed of, as provided
in this act, within three years after the
of the entire road, shall be sub
ject to settlement and presumption like
other lands, at price to be fixed by and
paid to said company. no. exceeding an
average of two dollars and fifty cents per
acre for all the lands herein granted.
SEC. 10. That when the route Of said rail-
road and telegraph line shall pass through
may be necessary for said railroad company
to take any lands belonging to private per
sons for any of the purposes herein men
Toned necessary to said road, such right OF
way through or title to such lands shall be
occurred in accordance with the laws of the
State or Territory Ia which they may be
iituated.
Sec. ii. That the Texas Pacific Railroad
Company shall have power and authority
o issue two kinds of bonds. secured by
mortgage, namely: first, construction bonds;
econd, land bonds. Construction bonds
hall be secured by mortgage. first, on all
y any portion Of the franchises, road-be
y track Of said railroad, and all the appur-
enances thereto belonging. when con-
tructed or in the course Of construction.
rom point at or near Marshall, to ships !
hannel. in the bay Of San Diego, in the |
tate Of California, as aforesaid. Land |
onds shall be secured by mortgage, first.
n all or any portion of the Lands hereby
in aid of the construction of said |
abroad as is provided for in this act
econd, on lands acquired by any arrange
lent or purchase or terms of consolidation
18th any railroad company or companies to
HON grants OF lands may have been made
may hereafter be made by any congress
ona!, State or territorial authority, or who
lay have purchased the same previous to
~ such arrangement or consolidation:
rovided, that all the mortgages made and
kecuted by said railroad company shall be
ed and recorded in the Department of the
lterior, which shall be sufficient evidence
their legal execution, and shall confer all
e rights and property OF said COM
my as therein expressed: and pro-
ded also. that the proceeds of
e sales OF the aforesaid construction
i'd land bonds shall be applied only in the
operation, and equipment of
9 contemplated railroad line; And pro-
ded further, That said mortga shall in |
wise impair or affect any lien existing
the property of said company or COM
MES at or before the time Of such consoli
ton.
SEC. II. That whenever the said com.
ny shall complete the first and each sue
edlng section OF twenty consecutive miles
said railroad and put it in running order
first-class road in all its appointments.
shall be the duty Of the Secretary of the
terror to cause patents to be issued con-
wing to SAID company the number of sec
rs OF land opposite to and coterminous !
til said completed road to which it shall =
entitled for each section SO completed. :
i'd company. within two years after the
ssage of this act, shall designate the gen =
Il route OF its said road, as near as may e
and shall file map of the same in the .
partment of the Interior: and when the u
? is SO filed, the Secretary of the In. =
lor, Immediately thereafter, shall cause U
lands within forty miles on each side 8
said designated route within the Terri l,
les, and twenty miles within the State OF q
lfOrnia, to be withdrawn from pre u
ption, private entry, and sale; Provided, L
yever, That the provisions of the y,
OF September, eighteen hundred :,
forty-one, granting presumption VI
ITS, and the acts amendatOry there
and Of the act entitled IAN Act
ecure homesteads to actual settlers on
public domain" approved May twenty. A
,teen hundred and sixty-two, and the
:ndments thereto, shall be, and the same
hereby, extended to all other lands of the K
ted States on the line of said road when A
Tsyed, except those hereby granted to ii
company. IL
&c. IL: That the president of the com. -
: shall annually, BY the first day of July. AZ
Ie q report and file it with the Secretary q.
he Interior, which report shall be under o .!
l, exhibiting the financial situation of o. o.
company, the amount of money received =.
expended, and the number Of miles of a. a.
constructed each year; and further, - ~
lers, of the directors, and of all other y
ers OF the company, the amount Of stock an an
'crlbed, and the amount thereof actually 70