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ment fifteen per centum, to be and remain in the treasury until the whole of the road provided for in this act is fully completed; and if the said road or any part thereof shall fail of completion at the time limited therefor in this act, then and in that case the said part of said bonds so reserved shall be forfeited to the United States.
Approved July 1, 1862.
CHAP. CCXVI.-AN ACT TO AMEND AN ACT ENTITLED “AN ACT TO
July 2, 1864. AID IN THE CONSTRUCTION OF A RAILROAD AND TELEGRAPH LINE Vol. XIII, p. 356. FROM THE MISSOURI RIVER TO THE PACIFIC OCEAN, AND TO SECURE TO THE GOVERNMENT THE USE OF THE SAME FOR POSTAL, MILITARY, AND OTHER PURPOSES," APPROVED JULY FIRST, EIGHTEEN HUNDRED AND SIXTY-TWO.
Be it enacted by the Senate and House of Representatives of See act of May the United States of America in Congress assembled, *
7,1878, post, p. 235. SEC. 5. And be it further enacted, That the time for desig- Time extended nating the general route of said railroad, and of filing the signating route map of the same, and the time for the completion of that completing road. part of the railroads required by the terms of said act of each company, be and the same is hereby extended one year from the time in said act designated; and that the Central California road Pacific Railroad Company of California shall be required to 25 miles complete twenty-five miles of their said road in each year thereafter, and the whole to the state line within four years, and that only one-half of the compensation for services ren- Only one-half
government dered for the government by said companies shall be re- business to be apquired to be applied to the payment of the bonds issued by ment of bonds. the government in aid of the construction of said road.
one affect any other.
SEC. 7. And be it further enacted, That so much of section Repeal of reserseventeen of said act as provides for a reservation by the ment bonds. government of a portion of the bonds to be issued to aid Ante, p. 226. in the construction of the said railroads is hereby repealed. And the failure of any one company to comply fully with The default or the conditions and requirements of this act, or the act to company not to which this is amendatory, shall not work a forfeiture of the
R. S., 3689, ante, rights, privileges, or franchise of any other company or p. 130. companies that shall have complied with the same.
SEC. 8. And be it further enacted, That for the purpose of Provision for facilitating the work on said railroad, and of enabling the Railroad obtain. said company as early as practicable to commence the grad- of government ing of said railroad in the region of the mountains, between mountain work the eastern base of the Ro‘ky mountains and the western pletiou of the base of the Sierra Nevada mountains, so that the same may be finally completed within the time required by law, it is
hereby provided that whenever the chief engineer of the said company and said commissioners shall certify that a certain proportion of the work required to prepare the road for the superstructure on any such section of twenty miles is done, (which said certificate shall be duly verified,) the Secretary of the Treasury is bereby authorized anıl required, upon the delivery of such certificate, to issue to said com: pany a proportion of said bonds, not exceeding two-tbirds of the amount of bonds authorized to be issued under the provisions of the act, to aid in the construction of such section of twenty miles, por in any case exceeding two-thirds of the value of the work done, the remaining one-third to remain until the said section is fully completed and certified
by the commissioners appointed by the President, according But not west to the terms and provisions of the said act; and no such of Salt Lake City
300 bonds shall issue to the Union Pacific Railroad Company of its completed for work done west of Salt Lake City under this section,
more than three hundred miles in advance of the completed continuous line of said railroad irom the point of beginning
on the one-hundredth meridian of longitude. Right for fer. SEC. 9. And be it further enacted, That to enable any one ries and bridges.
of said corporations to make convenient and necessary connections with other roads, it is hereby authorized to estab). lish and maintain all necessary ferries upon and across the Missouri River and other rivers which its road may pass in its course; and authority is hereby given said corporation
to construct bridges over said Missouri river and all other Companies may rivers for the convenience of said road :
And line west of 100th provided, furthér, That any company authorized by this act receive no more to construct its road and telegraph line from the Missouri than if the junc- river to the initial point aforesaid, may construct its road 100th meridian. and telegraph line so as to connect with the Union Pacitic
railroad at any point westwardly of such initial point, in case such company sball deem such westward connection more practicable or desirable; and in aid of the construction of so much of its road and telegraph line as shall be a departure from the route herein before provided for its road, such company shall be entitled to all the benefits and be subject to all the conditions and restrictions of this act: Provided, further, however, That the bonds of the United States shall not be issued to such company for a greater amount than is bereinbefore provided, if the same bad united with the Union Pacific railroad on the one-hundredtil degree of longitude; nor shall such company be entitled to receive any greater amount of alternate sections of public lands than are also herein provided.
upite with main
" 40" to
the from " 20"
SEC. 10. And be it further enacted, That section five of Act of said act be so modified and amended that the Union Pacific 100 miles in adRailroad Company, the Central Pacific Railroad Company, and any other company authorized to participate in the construction of said road, may, on the completion of each section of said road, as provided in this act, and the act to which this act is an amendment, issue their first mortgage, Authorizes the bonds on their respective railroad and telegraph lines to an mortgage bonds, amount not exceeding the amount of the bonds of the United lien on the road
prior to the lien States, and of even tenor and date, time of maturity, rate of the and character of interest, with the bonds authorized to be issued to said railroad companies respectively. And the See sec. 5, act lien of the United States bonds shall be subordinate to that p.123., 1862, ante, of the bonds of any or either of said companies hereby authorized to be issued on their respective roads, property, and equipments, except as to the provisions of the sixth section of the act to which this act is an amendment, relating to the transmission of dispatches and the transportation of mails, troops, munitions of war, supplies, and public stores for the Government of the United States. And said sec- Changes tion is further amended by striking out the word “forty,'
miles. aud inserting in lieu thereof the words “on each and every Ibid. section of not less than twenty."
SEC. 11. And be it further enacted, That if any of the railroad companies entitled to bonds of the United States, or to issue their first mortgage bonds berein provided for, has, at the time of the approval of this act, issued or shall there. after issue any of its own bonds or securities in such form and manner as in law or equity to entitle the same to priority or preference of payment to the said guaranteed bonds, or said first mortgage bonds, the amount of such corporate Outstanding bonds outstanding and unsatisfied or uncancelled shall be bonds already is deducted from the amount of such government and first mort- shall be deducted gage bonds which the company may be entitled to receive and of the bouds to
be issued by the issue; and such an amount only of such government bonds government. and such first mortgage bonds shall be granted or permitted as, added to such outstanding, unsatisfied, or uncancelled bonds of the company, shall make up the whole amount per wilo to which the company would otherwise have been entitled : And provided further, That before any bonds shall be sworn so given by the United States, the company claiming them standing securi. shall present to the Secretary of the Treasury an affidavit of the ties shall be made
of the Treasury. president and secretary of the company, to be sworn to before the judge of a court of record, setting forth whether said company has issued any such bonds or securities, and, if so, particularly describing the same, and such other evidence as
statement of all out. be construed to
The Union Pa. cific Railroad Co.,
shall branch Leavenworth to
the Secretary may require, so as to enable him to make the deduction herein required ; and such affidavit sball then be filed and deposited in the office of the Secretary of the Interior. And any person swearing falsely to any such affi
davit shall be deemed guilty of perjury, and on conviction Law shall not thereof shall be punished as aforesaid : Provided, also, That apply to any no land granted by this act shall be conveyed to any party those specified in or parties, and no bonds shall be issued to any company or
companies, party or parties, on account of any road or part thereof made prior to the passage of the act to which tbis act is an amendment, or made subsequent thereto under the provisions of any act or acts other than this act and the act amended by this act.
SEC. 12. And be it further enacted, That the Leavenworth, Eastern Divis'n Pawnee and Western Railroad Company, now known as
from the Union Pacific Railroad Company, Eastern Division, Lawrence in two shall build the railroad from the mouth of Kansas river,
by the way of Leavenworth, or, if that be not deemed the best route, then the said company shall, within two years, build a railroad from the city of Leavenworth to unite with the main stem at or near the city of Lawrence; but to aid
in the construction of said branch the said company sball In defanlt of not be entitled to any bonds. And if the Union Pacific ing built, the Railroad Company shall not be proceeding in good faith to proceed to build build the said railroad through the territories when the
Leavenworth, Pawnee and Western Railroad Company, now known as the Union Pacific Railroad Company, East. ern Division, shall bave completed their road to the hun. dredth degree of longitude, then the last-named company may proceed to make said road westward until it meets and
connects with the Central Pacific Railroad Company on the Kansas road same line. And the said railroad from the mouth of the
a n d Kansas river to the one-bundredth meridian of longitude Topeka.
shall be made by the way of Lawrence and Topeka, or on
the bank of the Kansas river opposite said towns: Provided, The line from That no bonds shall be issued or land certified by the
bofore United States to any person or company, for the construcshall be granted tion of any part of the main trunk line of said railroad west ridian and east of the one hundredth meridian of longitude and east of the of Rucky Mount
Rocky mountains, until said road shall be completed from or near Omaha, on the Missouri river, to the said one-hundredth meridian of longitude.
shall be built via Lawrence
Omaha must be
west of 100th me.
Iowa and Min
SEC. 17. And be it further enacted, That so much of section nesota companies
the fourteen of said act as relates to a branch from Sioux City Sioux City
be, and the same is hereby, amended to read as follows:
released from the construction of this branch.
That whenever a line of railroad shall be completed through the States of Iowa or Minnesota to Sioux City, such company now organized or as may hereafter be organized under the laws of Iowa, Minnesota, Dakota, or Nebraska, as the President of the United States, by its request, may designate or approve for that purpose, shall construct and operate a liue of railroad and telegraph from Sioux City, upon the most direct and practicable route, to such a point on, and so as to connect with, the Iowa branch of the Union Pacific Railroad from Omaha, or the Union Pacific Railroad, as such company may select, and on the same terms and conditions as are provided in this act and the act to which this is an amendment, for the construction of the said Union and Pacific railroad and telegraph line and branches; and said company shall complete the same at the rate of fifty miles per year: Provided, That said Union Pacific Railroad Com. Union Pacific pany shall be, and is hereby, released from the construction of said branch. And said company constructing said branch shall not be entitled to receive in bonds an amouut larger than the said Union Pacific Railroad Company would be entitled to receive if it had constructed the branch under this act and the act to which this is an amendment; but said company shall be entitled to receive alternate sections of land for ten miles in width on each side of the same along the whole length of said branch:
SEC. 18. And be it further enacted, That the Burlington Anthorizes the and Missouri River Railroad Company, a corporation organ. Missouri ized under and by virtue of the laws of the State of Iowa, extend its "lino be and hereby is authorized to extend is (its] road through main lines the Territory of Nebraska from the point where it strikes the Missouri river, south of the mouth of the Platte river, to some point not further west than the one-hundredth meridian of west longitude, so as to connect, by the most practicable route, with the main trunk of the Union Pacific Railroad, or that part of it which runs from Omaha to the said one hundredth meridian of west longitude.
River Co. to
ton and Missouri River R. R. Co.
SEC. 20. And be it further enacted, That whenever said Provision as to Burlington and Missouri River Railroad Company shall issue to Burling: have completed twenty consecutive miles of the road men. tioned in the foregoing section, in the manner provided for other roads mentioned in this act, and the act to which this is an amendment, the President of the United States shall appoint three commissioners to examine and report to him in relation thereto;
Provided, Tbat no goverment No government bonds shall be issued to the said Burlington and Missou ri to this company.
bonds shall issue