New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-20

, granted to the sand company for the COZ
struction of the said railroad and TELEGRAPH
! line, and the right, power and authority
hereby given to said company to take, iron
the public lands adjacent to the line of sal,
road, EARTH stone, timber and other mate
rails for the construction thereof. Sal,
right of way is granted to said company t.
the extent of two hundred feet in width OF
each side ct said railroad where 10 may pas
over the public lands; and there is alsi
hereby granted to said company ground.
for stations, buildings workshops, swhafves
I switches, side-tracks, turntables, water
stations, and such other structures as may
be necessary for said railroad, not exceed
ing forty acres of land at any one point.
SEC. 9. That for the purpose of aiding in
the construction of the railroad and tele
graph line herein provided for, there is
hereby granted to the said Texas Racifie
Railroad Company, its successors and
assigns, every alternate section OF public
land, not mineral, designated by odd
I 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 hare been sold,
reserved. or otherwise disposed of by the
! United States, and to which a presumption
| or homestead claim may not have attached
at the time the line of said read 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
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.
IL, 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
medlately on the line of said railroad, or in
lieu OF mineral lands excluded from this
grant, like quantity of nnoccupied 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 tn 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 TIN it may acquire by gift, grant, pur-
chase 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
ieet to settlement and eemption 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. 10. 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 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. II. 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 a 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 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
filed and recorded i'll 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
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 |
Oh the property of said company or com |
panies at or before the time of such CONSOLE |
dation.
Sec. IL. 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
tons of land opposite to and cOterminous
De entitled for each section so completed
Said company, within two years after the
passage Of this act, shall designate the gem
,ral route of its said road, as near as may
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
If 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,
however, That the provisions of the
lct of September, eighteen hundred
md forty-One, granting presumption
lights, and the acts amendatory there
#, and of the act entitled IAN Act
o secure homesteads to actual settlers on
he public domain" approved May twenty,
eighteen hundred and sixty.two, and the
amendments 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.