New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-24

flstIS iOr I1e construction thereof. Sal
, right OF way is granted to said company t
the extent of two hundred feet in width o
! each side of said railroad where it may pas
3 over the public lands; and there is ais
j 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. g That for the purpose of aiding il
( the construction of the railroad and tele
: graph line herein provided for, there i
! hereby granted to the said Texas Pacifi
; Railroad Company, its successors ant
assigns, every alternate section of publ
land, not mineral, designated by ode
: numbers, to the amount of twent,
alternate sections per mile, on eacl
side of said railroad line, as such line mal
be adopted by said company, through thu
Territories of the United States, and tel
alternate sections of land per mile on eacl
side of said railroad in California, where
the same shall not have not hare been sold
reserved. or otherwise disposed of by thu
United States, and to which pre-eMptio1
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
|
said company, under the direction of the
Secretary of the Interior, in alternate sec
tions, 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 inn
| ~ofr- So !
lieu of mineral lands excluded from this
grant, a 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 il 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
1 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
cCOlAOA W cdl1 MuICn eudlt uot NC
sold or otherwise disposed of, as provided
in this act, within three years after the
completion of the entire road, shall be sub
iect 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
lands nf "a np xx-har
may be necessary for said railroad company
to take any lands belonging to private per
sons tor 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 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 constructio1 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
filed 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
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.
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 tirst-class road in all its appointments, |
t shall be the duty of the Secretary of the |
Interior to cause patents to be issued con-
veying to said company the number of sec
ions of land opposite to and coterminous |
with said completed road to which it shall
De entitled for each section so completed |
Said company, within two years after the |
passage of this act, shall designate the gen. |
,ral route of its said road, as near as NAV
De, 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
# said designated route within the Terri
cries, and twenty miles within the State of
California, to be withdrawn from pre-
mption, private entry, and sale; Provided,
loweyar, That the provisions of the
ct OF September eighteen hundred
nd forty-one, granting presumption
lights, and the acts amendatory there
+, and of the act entitled San Act
0 secure homesteads to actual settlers on
he public domain" approved May twenty,
mendments 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 day of July,
lake report and file it with the Secretary
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
bad constructed each year; and further,
ne names and residences of the stock
o1ders, of the directors, and of all other
Ulcers of the company, the amount Of stock
Inscribed, and the amount thereof actually
aid in, description of the lines of road |
lrveyed and fixed upon for construction.
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