be surveyed the land so designated, into sections of six hundred and forty acres each, and in square blocks of not less than six miles, unless prevented by previous surveys or a navigable stream, which surveys shall be delineated upon a map or maps, the even and odd sections being differently colored and regularly numbered from one upwards to the full number contained in the block, and the fieldnotes of said surveys and map or maps, shall be by said company deposited with the Commissioner of the General Landoffice. Sec. 4. That the condition of the bond mentioned in the second section of this act shall be, that said company will cause to be surveyed the land designated and applied for within the time limited for the construction of said section of twenty-five miles by the contract, and in the manner required by the third section of this act; and shall actually construct the said section of twenty-five miles of said road within the time mentioned in said contract, in default of which said land shall become forfeit to the use of the State, which forfeiture shall be declared by the District Court of Travis county, at the first term thereafter, without other formality than as hereinafter provided. Sec. 5. That if at the time stipulated in said contract for the completion of said section of twenty-five miles, the field-notes and map or maps of the land applied for, be not deposited in the General Landoffice as herein required, it shall be the duty of the Commissioner to forward immediately to the Treasurer of the State and the District Surveyor of the land district where the land applied for is situate, a certificate of the fact, whereupon the land so applied for shall become subject to location and entry by any one. as if no such application had been made; and it shall be the duty of the Treasurer ten days before the session of the District Court of Travis county, to cause notice of such forfeiture to be advertised in one of the newspapers published at Austin for two successive weeks; and at said session of the District Court, it shall be the duty of the Attorney-General, or in case he be not present, of the District Attorney, to file a motion for the forfeiture of said bond. whereupon said court shall proceed without other citation or notice, to declare said bond absolutely forfeited, and to render judgment against said company and sureties for the amount of said bond, upon which judgment execution shall issue as in ordinary cases; provided, that it shall be necessary for the Attorney-General or District-Attorney to file with said motion a certified copy of said bond under the hand and seal of the Treasurer, and also a copy of the contract deposited in the General Landoffice, and a certificate of the Commissioner that said surveys and map or maps of the lands applied for have not been returned. Sec. 6. That any Railroad company having completed and put in running order a section of twenty-five miles or more of its road, may give notice of the same to the Governor, whose duty it shall be to appoint some skillful engineer, if there be no State engineer, to examine said section of road, and if upon the report of said engineer, under oath, it shall appear that said road has been constructed in accordance with the provisions of its charter, and of the general laws of the State in force at the time regulating railroads, thereupon it shall be the duty of the Commissioner of the General Landoffice to issue to said company patents for the odd sections surveyed in pursuance of the second and third sections of this act; but in case said lands or any part thereof shall not have been surveyed at the time said section is completed, then it shall be the duty of said commissioner to issue to said company certificates of 640 acres each, equal to sixteen sections per mile of road so completed, whereupon said company may apply to the District Surveyor of any land district in this State, to survey any quantity of vacant land subject to location and entry in such district, not to exceed twice the quantity of certificates so issued, which surveys shall be made, numbered and colored as directed in the third section of this act, and upon the return of the field-notes and map or maps of such surveys to the General Landoffice, and the certificates so issued, it shall be the duty of the Commissioner to issue to said company patents for the odd sections of said surveys; provided, that in case the surveys are not applied for before the completion of any section of road, it shall not be necessary, to deposite with the Treasurer a bond as required in the second section of this act. Sec. 7. That fractional sections, containing more than 320 acres, shall be regarded as whole sections; and two fractional sections, each containing less than 320 acres, shall be taken as a whole section under the provisions of this act; and all the alternate or even sections shall be reserved to the use of the State, until appropriated by law. Sec. 8. That surveys under the provisions of this act may be made by persons employed by the company, and the field-notes may be deposited with the Commissioner of the General Landoffice without being recorded in the office of the District Surveyor; provided, that the State in no case shall be liable for sur veying any part of said lands nor shall any company pay for the fees of patenting the odd sections as herein provided. Sec. 9. That any railroad company in this State acquiring lands or other real estate by virtue of the provisions of this act, or by virtue of the provisions of any other act or charter enacted by the legislature of the State of Texas, by purchase, donation or otherwise, shall proceed to alienate the same except so far as may be necessary to the maintenance and running of said road, in six, eight, ten and twelve years; that is, one-fourth shall be alienated in six years, one-fourth in eight years, one-fourth in ten years and onefourth in twelve years from the time of acquiring such lands or real estate, in such manner that the whole of such lands or real estate shall pass out of the hands of such company within twelve years from the date of its acquisition; provided, moreover, that said lands and real estate shall in no instance be alienated to any other corporation, except so far as may be necessary for the proper uses and the conduction of the business of such corporation. Sec. 10. That if any company should neglect or fail to alienate its lands or real estate, as herein directed, evidences of which allienation said company shall cause to be filed with the Secretary of State, it shall be the duty of that officer to notify the Comptroller of Public Accounts and Commissioner of the General Landoffice of such failure to alienate, whereupon the Commissioner shall furnish the Comptroller with a list of the lands acquired by said company under this or any other act of the legislature of the State, and the dates at which such lands were acquired; and the Secretary of State shall also furnish the Comptroller with a schedule of the lands owned and alienated by said company, as the same appears from the last annual return made to his office by said company, in pursuance of the general law of the State regulating railroad companies; and it shall be the duty of the Comptroller of Public Accounts, immediately upon receiving said returns, to cause to be advertised in the newspapers in the City of Austin for sale, sixty days after such advertisement, the lands herein directed to be alienated, proceeding in the order in which said lands and real estate were granted or deeded to said company; and after deducting all necessary expenses of the sale, the balance shall be deposited with the Treasurer to the credit of said company. Sec. 11. That all the alternate or even sections of land, surveyed in pursuance of the provisions of this act, or of any other act of the Legislature of this State, donating lands to any railroad company, shall be reserved to the use of the State, and not liable to locations, entries or pre-emption privileges, until otherwise provided by law. Sec. 12. That the provisions of this act shall not extend to any company receiving from the State a grant of more than sixteen sections of land, nor to any company for more than a single track road, with the necessary turnouts; and any company now entitled by law to receive a grant of eight sections of land per mile for the construction of any railroad, accepting the provisions of this act, shall not be entitled to receive any grant of land for any branch road; provided, this act shall not be so construed as to give to any company now entitled by law to receive eight sections of land, more than eight additional sections; provided, that no person or company shall receive any donation or benefit under the provisions of this act, unless they shall construct and complete at least twenty-five miles of the road contemplated by their charter within two years after the passage of this act; and such donations shall be discontinued in every case where the company or companies shall not construct and complete at least twenty-five miles of the road contemplated by their charter, each year after the construction of said first mentioned twenty-five miles of road; and further provided, that the proviso herein contained shall not extend to any railroad, the terminus of which is not fixed on the Gulf coast, the Bays thereof, or on Buffalo Bayou, and that nothing in this section shall be so construed as to extend the duration of any existing charter; and further provided, that the certificates for land issued under the provisions of this act, shall not be located upon any land surveyed or titled, previous to the passage of this act; and further provided, that this act shall continue in force for the term of ten years from the time it shall take effect and no longer. Sec. 13. That no railroad hereafter to be built shall be entitled to receive the additional sections of land herein granted, unless the railings of such road shall weigh at least fifty-four pounds to the vard. Approved, January 30, 1854. CHAPTER XVI. An Act Supplemental to "An Act to encourage the construction of railroads in Texas, by donations of land." Section 1. Be it enacted by the Legislature of the State of Texas, That no railroad company availing itself of the provisions of the act to which this is a supplement, shall receive more than sixteen sections of land to the mile by virtue of said act, or any proviso therein contained. And no road benefitted by said act, shall receive any donation of land under its charter, or under the act to which this is a supplement, for any work done within ten years after the passage of this act; and this act shall be in force at the same time that the act to which this is a supplement shall take effect. Approved, January 30, 1854. CHAPTER XVII. An Act supplementary to "An act making appropriations to defray the expenses of three companies of Volunteers called into the service of the State for the protection of the frontier," approved January twenty-ninth, eighteen hundred and fifty-three. Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of four thousand five hundred and fiftyfive dollars be, and the same is hereby appropriated to pay the balance due for subsistence, forage, Quartermaster's stores and transportation, as per vouchers now on file in the Comptroller's office, for three companies of troops called into the service of the State in eighteen hundred and fifty-two, and commanded by Captains Shaw, Lewis and Davis, to be paid out and disbursted as provided for in the act to which this is a supplement. Sec. 2. That this act take effect from and after its passage. |