New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-05

rails for the construction thereof. Sail
right OF way is granted. to said company Il
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 grounds
Tor stations, buildings, workshops, wharves
switches, side-tracks, turntables, water
stations, and such other structures as may
be necessary for said railroad, not exceed
ing forty acres of land at any one point.
SEC. g. That for the purpose of aiding in
the construction of the railroad and tele
graph line herein provided for, there il
hereby granted to the said Texas Pacific
assigns, 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 such line may
be adopted by said company, through the
Territories of the United States, and ten
alternate sections of land per mile on each
side OF said railroad in California, where
| the same shall not have not haze been sold
reserved, or otherwise disposed of by the
United States, and to which a presumption
| or homestead claim may not have attached
| at the time the line Of said road is definitely
| hXed. 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
lions, 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.
| LII, 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
| nal1 LeIr-
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 Ito 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
W
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 liked 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
hn Ion dc fHf 10 xr-la
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
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 |
Ormay hereafter be made by 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-
yided also, that the proceeds of |
the sales of the aforesaid construction |
and land bonds shall be applied only in the |
construction, operation, and equipment of /
the contemplated railroad line; And pro-
vided further, That said mortgage shall in
no wise impair or affect any lien existing
on the property of said company or com
panies at or before the time of such consoli-
dation.
SEC. II. That whenever the said COM
pany shall complete the first and each sue
ceeding section of twenty consecutive miles
of said railroad and put it in running order
as a tirst-class road III all its appointments
it shall be the duty of the Secretary of the
Interior to cause patents to be issued con-
yeying to SAID company the number of sec
tons of land opposite to and coterminous
with said completed road to which it shall
be entitled for each section so completed.
Said company, within two years after the |
passage of this act, shall designate the gen
sral route of its said road, as near as NAV
be, and shall file 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
If said designated route within the Terri
ories, and twenty miles within the State OF
California, to be withdrawn from pre-
,mption, private entry, and sale; Provided,
however, That the provisions of the
,ct of September, eighteen hundred
md forty-one, granting presumption
lights, and the acts amendatory there
#, and of the act entitled IAN Act
o secure homesteads to actual settlers on
he public domain" approved May twenty,
eighteen hundred and sixty-two, and the
amendments thereto, shall be, and the same
re hereby, extended to all other lands of the
United States on the line of said road when
urveyed, except those hereby granted to
aid company.
SEC. Is. That the president of the com
ANY shall annually, by the first daybf July,
make a report and file it with the Secretary
t the Interior, which report shall be under
ath, exhibiting the financial situation of
he company, the amount of money received
nd expended, and the number of miles of
DAD constructed each year; and further,
be names and residences of the stock
olders, of the directors, and of all other
Ulcers of the company, the amount of stock
ubscrlbed, and the amount thereof actually
aid in, a description of the lines of road ]
urveyed and fixed upon for construction,
he amount received from passengers and