New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-29


rails for the 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
over the public lands; and there is ais
: hereby granted to said company ground
= for stations. buildings, workshops, wharves
l 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.
, /. See. g. That for the purpose OF aiding ii
; the construction of the railroad and fele
graph line herein provided for, there il
) hereby granted to the said Texas Pacific
} Railroad Company, Z its successors and
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 presumption
OF 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
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 unoceupied 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 elis
| 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 sab
iect to settlement and presumption like
other lands. at price to be fixed 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. lU. 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. e.. tx
SEC II. That the Texas Pacific Railroad
Company shall have power and authority
to issue two kinds of bonds, secured bv
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, ID 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 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-
dalton.
Sec. u. That whenever the said COM
pany shall complete the first and each sue
ceeding section of twenty consecutive milesI
of said railroad and put it in running order
as first-class road in all its appointments,
Interior to cause patents to be issued con-
veylng to sad 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
eral 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
map is so fled, the Secretary of the In !
terror, immediately thereafter, shall cause
5he lands within forty miles ON each side
IT 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 !
tct OF September, eighteen hundred .
md forty-one, granting pre-emption
Ights, and the acts amendatory there
#, and of the act entitled IAN Act
9 secure homesteads to actual settlers on
he public domain" approved MAY twenty.
aghteen hundred and sixty-two, and tie d,
amendments thereto, shall be- and the same 7
re hereby extended to all other lands of the
I nited States on the line of said road when 4
trveyed, except those hereby granted to I
aid company. l
SEC. IS. That the president of the coni
any shall annually, by the first day of July.
nake a report and file it with the Secretary a
+ the Interior, which report shall be under .
ath, exhibiting the financial situation of {
he company, the amount of money received G
nd expended and the number of miles of a
Dad constructed each year; and further. :
be names and residences of the stock D
olders, of the directors, and of all other 1
Ulcers Of the company, the amount of stock a
absorbed, and the amount thereof actually Z
aid in, description of the lines of road a
lrveyed and fixed upon for construction. >
ne amount received from passengers and 9