New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-24

fstruction of the said railroad and Telegram
line, and the right, power and authority !
hereby given to said company to take, frol
the public lands adjacent to the line Of sal
road, earth. stone, timber and other mat.
rails for the construction thereof. Sal
right OF way is granted to said company
the extent Of two hundred feet in width o
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. wharvei
switches, side-tracks, turntables, watel
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 construction Of the railroad and tele
graph line herein provided for, there i
hereby granted to the said Texas Pacif
Railroad Company, its successors ant
assigns, every alternate section Of public
land. not mineral, designated by ode
numbers, to the amount of twent,
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 ten
alternate sections of land per mile on each
side Of said railroad in California, where
! the same shall not have not hare been sold
| reserved, or otherwise disposed OF by the
| United States. and to which presumption
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
II, 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
mediately on the line of said railroad, or in
lien 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 to make up
Deficiencies as aforesaid, and then not to
exceed twenty miles from the lands origin
ally granted. The term '.ships 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. MOI exceeding an
average OF two dollars and fifty cents per
acce for all the lands herein granted.
SEC. 10. That when the route of said rail
road and telegraph line shall pass through
may be necessary tor 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 track Of said railroad, and all the appur-
tenances thereto belonging. when con-
s,ructed or in the course OF construction,
from point at or near Marshall, to ships !
in the bay of San Diego, in the |
State Of California as aforesaid. Land |
ponds shall be secured by mortgage first. /!
IN all or any portion of the lands hereby |
granted in aid of the construction of said |
abroad as is provided for in this act; |
yav, IL,
nent or purchase or terms OF consolidation |
With any railroad company or companies to
whom grants OF lands may have been made
n may hereafter be made by any congress
iOnal, State or territorial authority or who
nay have purchased the same previous to
NY such arrangement or consolidation:
provided, that all the mortgages made and
xecuted by said railroad company shall be
led and recorded in the Department of the
+ their legal execution, and shall confer all
he rights and property OF said COM
any as therein expressed; and pro-
ided also, thae the proceeds of
he sales of the aforesaid construction
nd land bonds shall be applied only in the
operation, and equipment Of.
he contemplated railroad line; And pro-
ided further, That said mortgage shall in
0 wise impair or affect any lien existing
n the property of said company or COM
anies at or before the time of such CONSOLE
alton.
SEC. u. That whenever the said CON-
.ny shall complete the first and each sue
;eding section of twenty consecutive miles
said railroad and put it in running order
J tirst-class road in all its appointments,
shall be the duty Of the Secretary of the
iterlor to cause patents to be issued con
aying to SAID company the number Of sec
"ns of land opposite to and coterminous
18th said completed road to which it shall
: entitled for each section so completed.
aid company, within two years after the
assage OF this act. shall designate the gen
al route of its said road, as near as NAV
:, and shall file map of the same in the i.
apartment OF the Interior; and when the !,
ap is SO filed, the Secretary of the In . .
rior, immediately thereafter, shall cause
e lands within forty miles on each side
said designated route within the Terri !. !.
ries, and twenty miles within the State OF !
to be Withdrawn from pre- !
nption, private entry, and sale: Provided, :
'wever, That the provisions OF the !,
t OF September, eighteen hundred =
shrs, and the acts amendatory there
and of the act entitled An Act
secure homesteads to actual settlers on
g public domain" approved May twenty. I
,hteen hundred and sixty-two, and the
lendments thereto, shall be, and the same
g hereby, extended to all other lands of the i
lited States on the line of said road when 4
rveyed, except those hereby granted to t
d company. l
SEC l3 That the president of the com 4
ny shall annually, by the first day of July, q
Ike report and file it with the Secretary q
the Interior, which report shall be under -
til. exhibiting the financial situation of e