Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-06-10

width on each side of said railroad where Il
also hereby granted 10 raid company grounds
for stations, building, workshops, wharves,
switches, side tracks, turntables, water sta
tons, andsueh other structures - may be neces.
sary for said Iairo DAD, not exceeding forty acres
Of land at any one point.
SIC. 8. That for the purpose Of aiding In the
construction of the railroad and telegraph line
herein provided for, there IL hereby granted 10
the said Texas Pacific Railroad COMPANY its
successors and assigns, every alternate section
Of public land, not mineral designated by odd
Plumbers. TO the amount of twenty alternate
sections per mile, on each side of said ran Dad
line, az such line NAV be adopted by said COM
psny, 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 been sold. "a,
served, or otherwise disposed of by the United
S,s,ss, ana TO which pre- emption or home
stead claim may not have attached at the time
the lire or said road II definitely fixed. In case
any OF said lands shall have been sold reserved.
occupied. or pre-emp'ed, or other wise disposed
OF, other lands shall be selected in lieu thereof
by SAID company. under the direction of the
secretary Of the Interior, In alternate sections
and designated by odd numbers, not more than
ter miles beyond the limits of said alternate
sections hrst above named, and not including
the reserved numbers. Ii, In the too near an.
proach OF the said railroad line to the boundary
OF Mexico, the number OF sections of land 10
which the company is entitled cannot be selected
lmms distely on the line of said railroad or in
lieu of said mineral lands excluded from
this grant, like quantity Of unoccupied and
uDsppTopristed agricultural lands, in odd
numbefed-sect,ons nearest the line OF said
railroad may be selected as above pro-
vlded; and the word mineral" where it
occurs in this act, shall not be held to in
clude iron or coal: Prorided, Aovsper 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 ex-
coed twenty miles from the lands origin ally
granted. The term "ship's channel, as used In
thus bill. shall not be construed at conveying
any greater right to said company to the water
front OF San Diego bay than it may acquire by
gift, grant, purchase, or other wise except the
right Of way, as herein granted: And provided
further, That all such land 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 completion of
and pre- emption like other lands, at q price to
be fixed by and paid to said company not ex-
ceeoing an average or two dollars and fifty cents
per acre for all the lands he rein granted.
SEC. 10. That when the cute of said railroad
and telegraph line sha pas through the lands
OF private persons, or where IL may be necessary
for ssid railroad company TO take any lands
belonging to private persons for any of the pur-
poses herein mentioned necessary to said road
such right OF way through or title TO such lands
shall be secured in accordance with the laws of
situated.
SEC. IL. That the Texas acinc abroad Com
psny shall have power and authority to issue
two kinds Of bonds, secured by mortgage name
ly: 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 appurteDances thereto belonging,
when constructed or in the course or consrruc-
ton, from 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
49, rxn%,l 81
vIded for in this act; second, on lands &C
CURED by any arrangement or purchase or
terms or consolidation with any railroad com
paDy or companies TO whom grants of lands
may have been made, or may hereafter be mad,
by any congressional, State, or territorial au-
thoTIty, or who NAV have purchased the same
previous to any such arrangement or consoda-
ton: PTOcided, That ali the mortgages made
ard executed by said railroad company shall be
fled and recorded in the Department of the
Interior, which shall be a sufficient evidence OF
their legal execution, and shall confer all the
rights and property of said company as therein
expressed: And provided, also, That the pro-
ceeds Of the sales OF the aforesaid construction
ana land bonds shall be applied only in the con-
structioD, operation, and equipment of the con-
templsted railroad line: Ind prorfdsd further,
That said mortgage shall in no wise impair or
affect any lien existing on the property OF said
company or companies at or before the time OF
such consolidation.
SEC. u. That whenever the said company
shall complete the fret and each succeeding
section OF twenty consecutive miles of said rail-
road and put il in running order as first Glass
railroad in all its appointments. il shall be the
duty OF the Sec etsTy OF the Interior TO cause
patents 20 be Issued converting to said company
the number OF sections OF land Opposite To
and cCterminous with said completed road 10
which II shall be entitled for each section so
Completed SAID company, within two years
after the passage OF this act, shall designate
the general route Of its aid road as near a.
may be, and shall file map OF the same in
the Department of the Interior; and when
he ia NRh h.
Interior, Immediately thereafter, shall cause
the lands within forty miles on each side OF said
designated route within the Territories. aud
twenty miles within the State of California, to
be Withdrawn from presumption, private entry,
and sale: PTOrided. holoerer. That the provisions
OF the act Of September, eighteen hundred and
acts anendatOry thereof, and of the act en-
titled "An act to secure hOmesteads to actual
settlers on the public domain" approved NAV
twenty, eighteen hundred and sixty-twO, ami
the amendments thereto, shall be, and the same
are hereby, extended to all other lands OF the
United States on the line of said road when sur
veyed, except those hereby granted to said COM
pany.
SIC. 10. That the president OF the COMPANY
shall annually, by the first day of july make a
report and file Ii with the Secretary OF the In
terror, which report shall be under oath, exhIb-
ting the financial situation OF the company
the amount of money received and expended,
and the number of miles Of road constructed
each year; and further, the names and resi-
dences of the stockholders, of the directors and
Of sill other eff GERS OF the company, the amount
of stock subscribed, and the amount thereof
actually paid in, q description Of the lines of
road survey ed and Fixed upon for construction
the amount received from passengers and for
freight, respectively, on the road, a statement
of The expenses of said road and its fixtures and
a true statement of the Indebtedness of said
company and the various kinds thereof
SEC. II. That the certificates of the capitlI
stock must be signed by the president and sec
Rotary, and attestedb by the sealof the company
and shall contain an extract from the proceed
ings Of the board OF directors fixing the amount
thereof, as we'll az from this act, authorizing
such issue. All the bonds and mortgages issued
by sad company must be signed by the presi-
dent and secretary, and atteste by the seal OF
said company, and shall contain an extract
from the law authorizing them to be issued
The face value OF said bonds shall be one thou
sand dollars in gold, and shall be redeemable at
such times, and to bear such rate OF interest
payable seIni annually in gold, Is may be de-
teTmined by the directors. The total value OF
the construction bonds TO be issued shall not
exceed thirty thousand dollars per mile of said
railroad, and the total face value of the land
bonds shall not exceed two dollars and ffty
Gems per acre for all lands moTtgaged; the total
amount of each to be determined by the board
OF diIectOrS.
SEC. Is That all railroads constructed, or
that may be hereafter constructed, TO intersect
said Texas Pacific Railroad, shall have a right
to connect with that line; that no discrimina-