New Orleans Republican., 1871-08-04


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the Same shan t how, h1s 'I,
reserved or atberr;sa dsnosad IF h,7 tss
United States ana to which e n,e-en ~ 1t;on ion
or homesfead cla,,, NAV nat f5a attarhad
at the fine the i;n f said road =
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/ been sold. reserved occunied or nre.
| empted. or otherwise disposed Of. other
/ lands shall he selected IN lien thereof hv
| said cpmnanv under the directio,, ~ tbsa
| Secretary of the Inter;or. in Alternate sec.
| tions. and flesignafed Nv odd numhers mt
more than ten miles beyond the limits Of
| said alternate sections first above named
| and not including the reserved numbers
| III. in the too near anproach of the said rail
| road line to tle boundary of Mexico the
| number of sections of land TO which the
| company is entitled can NOT be selected i'm
mediatelv on the linz 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 he selected as above provided.
and the word ssmineral'n y where II oecurs n
| 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 sship'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
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 the entire road, shall be sub
ject to settlement and pre-emption like
other lands, at a 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. TO- 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 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.
Srr n That tba Tavaa Pacific RAILROAD
Comuanv shall have nower and authority.
to issue two kinds IF honds secured hv
mortgaoe. namely. first construction bonds.
second land hands Constrnction honds
shall he secured nv mortgaoe. first. on ali
or any portion of the franchises. road-bed
or track of said railroad and All the apnur-
tenances thereto belonging. when CON
structed or in the course Of construction,
from a mint af orr paay Marshall IN shin'a
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 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
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 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
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 CONSOLE |
dation.
+ Src. 10 That whenever tbe said com.
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