Northern tribune. [volume] (Cheboygan, Mich.) 1875-1885, 1879-09-13

TO complete and finish said road on or
before the 31st day of December, 1881.
Provided, however, that if from the
financial condition of the country and
the present discredit of all railway in
vestments difficulties shall occur in rails
ing the money for the construction of
said railroad which may delay its incep-
ton and progress, the rights of the COM
pany to the grant and privileges hereby
authorized shall not be forfeited by rea-
son of the nOn-cOmpletiOn of the road at
the time specified, provided the progress
of the work be such at said time as to
render the completion thereof assured to
the satisfaction of the party of the sec
Ond part within a reasonable time there
after, not exceeding one additional wear.
and the same shall be actually completed
within that time.
And in consideration of the premises
and of the foregoing agreements on the
part of the party of the first part to be
Board of Control of the state swamp
lands of the state of Michigan, party of
the second part, hereby agrees to and
with the said party of the first part to
reserve from the vacant and uareserved
state swamp lands in the counties of
Mackinac, SchOolcraft, Chippewa and
Marquette, the lands heretofore selected
by the Marquette, Sault Ste. Marie and
Mackinac railroad company under it's
former contract with the said Board of
Control and which said contract has
been duly annulled, not exceeding in the
aggregate 16 sections of such lands per
mile for each and every mile and frac-
tiOnal part of a mile of the line of said
railroad, and to appropriate the same to
aid the said party of the first part in the
construction of the said railroad, but
the Detroit, Mackinac and Marquette
railroad company shall have no claim or
recourse upon or against the state of
Michigan or any one else for any def
cheney there may be in the quantity of
lands i'm said counties hereinbefOre spec
fled. The said railroad company shall
be entitled to patent to itself or its as
signs to 10 sections of land per mile of
the lands so selected for the first 20 miles
of said railroad as soon as consecutive
miles of said railroad shall be completed
in every respect according to this con-
tract, and shall have been accepted by
the Governor of the state of Michigan,
and the said party of the first part shall
be entitled to patent to itself or to its
assigns to 10 sections of such lands per
mile upon the completion of each and
every additional 20 consecutive miles of
said railroad completed as aforesaid, and
accepted by the Governor of the state Of
Michigan as aforesaid, until the whole
of said road is completed, and when the
aforesaid railroad company shall have
completed the entire road according to
this contract, and the same shall have
been accepted by the Governor of the
state of Michigan as aforesaid, then said
railroad company shall be entitled to
patents for the remainder of all the
lands hereby appropriated to build said
railroad in the counties aforesaid. The
first lands selected by and patented to
said party of the first part shall be Sc
lected from those situated in the county
of Chippewa, and all other selections
shall be made subject to the approval of
the said Board of Control.
1t is also further agreed by said par
ties by virtue of act No. 81 of the laws of
1875 aforesaid, and of the several amend
ments thereof, that the lands hereby APP
prOpriated for the construction of said
railroad, unless sooner sold or contract
",
shall be and remain exempt from all
taxation for the period of Is years from
and after the time said party of the first
part or its assigns shall under this con-
tract be entitled to patents therefor.
But whenever said railroad company
shall sell or contract to sell any of said
lands appropriated, then all of said
lands so sold or contracted to be sold by
said company shall be subject to taxa
ton the same as other lands. But it is
expressly understood that the mortgage
of said lands pursuant to the provisions
of this contract shall not operate to rem
der the lands so mOrtgaged subject to
taxation; and is understood that the
agreement herein contained shall be
binding upon the parties thereto, their
successors and assigns.
And it is further mutually agreed that
said board of control may at its option
annul this contract in any of the fol-
lowing cases: If the said party of the
first part shall fail to Immediately enter
upon the construction of said railroad
and to prosecute the work with all due
diligence until its completion to the en-
tire satisfaction of said board of control;
if said party of the first part shall fail
to complete 20 consecutive miles of said
railroad on or before the 31st day of
July, 1880, or if said party of the first
part shall fail in the performance of
any of the agreements herein reserved
and contained.
In witness whereof the parties hereto
have executed this contract in duplicate
ha do n r.ofo hox-