New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-22

the public lands adjacent to the line of SAT-
road, earth. stone, timber and other mate
rails for the construction thereof. Sal'
right Of way is granted to said compass t
the extent Of two hundred feet in width OF
each side Of said railroad where it may pas
over the public lands and there is ais
hereby granted to said company ground
for stations, buildings, workshops. wharves
switches, side-tracks, turntables, water
stations, and such other structures as ma,
be necessary for said railroad, not exceed
ing forty acres of land at any one point.
| SEC 8. That for the purpose of aiding il
the constructp Of the railroad and tele
hereby granted to the said Texas Pacifi.
Railroad Company, it's successors ant
assigns, every alternate section of publ.
land, not mineral, designated by ode
numbers, to the amount OF twenty
alternate sections per mile, on eact
side of said railroad line, as such line may
be adopted by said company, through the
Territories of the United States, and ter
alternate sections Of land per mile on each
the same shall not have not hare been sold
reserved, or otherwise disposed of by the
United States, and to which a pre- emptiOn
or homestead claim may not have attached
at the time the line Of said road is definitely
fixed. In case any of said lands shall have
been sold, reserved, occupied, or pre-
empted, or otherwise disposed of, other
lands shall be selected in lieu thereof by
said company, under the direction of the
Secretary of the Interior, in alternate sec.
tons, and designated by odd numbers. not
| more than ten miles beyond the limits 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 i'm
| 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 OF
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 ''ship's 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
bay than it may acquire by gift. grant, pur-
chase or otherwise, except the right of way,
as herein granted; and provided further,
that all such lands, so granted by this
sold or otherwise disposed of, as provided
in this act, within three years after the
completion 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, not 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
the lands of private persons. or where it
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 saipad, such right Of
way through or title 4 kch lands shall be
secured in accordance with the laws of the
State or Territory in which they may be
situated.
SEC. IL. That the Texas Pacific Railroad
Company shall have power and authority
to issue two kinds Of bonds. secured by
mortgage, namely: first construction bonds;
second. land bonds. Construction bonds
shall be secured by mortgage, first, on all
or any portion of the franchises, road-bed
or track of said railroad and all the appur-
tenances thereto belonging, when con-
structed or in the course Of construction,
from a point at or near Marshall, to ships
channel, in the bay OF San Diego. in the
State of California. as aforesaid. Land
bonds shall be secured by mortgage, first,
on all or any portion of the lands hereby
granted in aid OF the construction Of said
railroad as is provided for in this act:
second, on lands acquired by any arrange
ment or purchase or terms OF consolidation
with any railroad company or companies to
whom grants of lands may have been made
or may hereafter be made BIZ any congress
sional. State or territorial authority. or who
may have purchased the same previous to
any such arrangement or consolidation;
provided, that all the mortgages made and
executed by said railroad company shall be
filed and recorded in the Department of the
Interior, which shall be sufficient evidence
OF their legal execution, and shall confer all |
the rights and property OF said COM |
pany as therein expressed; and pro-
vided also. that the proceeds of |
the sales Of the aforesaid construction |
and land bonds shall be applied only in the
the contemplated railroad line; And pro-
vided further. That said mortgage shall in
no wise impair or affect any hen existing
On the property of said COMPANY or com.
panles at or before the time of such consoli-
iation.
SEC. II. That whenever the said COM
oany shall complete the first and each sue
seeding section Of twenty consecutive miles
If said railroad and put it in running order
Is a first-class road in all its appointments,
t shall be the duty of the Secretary of the
Interior to cause patents to be issued con-
7eying to SAID company the lmber Of sec
ions Of land opposite to and coterminous
With said completed road to which it shall
Ne entitled for each section SO completed
said company. within two years after the |
passage OF this act, shall designate the gen
raj route OF its said road. as near as NAV
re. and shall file a map of the same in the
department. OF the Interior; and when the
nap Is SO filed, the Secretary of the In
erior, Immediately thereafter. shall cause
he lands within forty miles on each side |
said designated route within the Terri.
Drles, and twenty miles within the State of
'alifOrnia, to be withdrawn from pre-
mption, private entry, and sale; Provided,
owever, That the provisions OF the
ct OF September, eighteen hundred |
nd forty-one, granting presumption
ghts, and the acts amendatory there
I, and OF the act entitled IAN Act
secure homesteads to actual settlers on
le public domain approved May twenty,
mendments thereto, shall! be, and the same
re hereby. extended to all other lands of the
nlted States on the line of said road when |
arveyed, except those hereby granted to
aid company.
SEC. Is: That the president of the com.
any shall annually by the first day of July,
lake report and file it with the Secretary
I the Interior, which report shall be under
ath, exhibiting the financial situation of
ne company, the amount of money received
nd expended, and the number Of miles of
Dad constructed each year; and further.
10 names and residences Of the stock.
olders, Of the directors, and of all other