Imágenes de páginas

mischief to


Wanton tached to or in use upon the same belonging to said comroad defined, pany, or shall wilfully and maliciously place any obstrucand how tion or thing upon the track of said rail-road, such person or persons so offending shall each of them, for every such offence, forfeit and pay to said company three times the amount of damages caused by such offence, which may be recovered in the name of said company, by action of debt in any court having competent jurisdiction, and shall also be subject by indictment, and on conviction of any such offence, shall be punished by fine and imprisonment, not exceeding ten years in the State prison, or either, at the discretion of the court; and in case any accident shall occur in consequence of any such obstruction or damages to said road or machinery, whereby the death of any person shall be caused, the person so offending shall, on conviction, be adjudged guilty of murder in the first degree, and punished accordingly, in such manner as shall be prescribed by the statutes for the punishment of murder in the first degree.

Shares of

to execution

lien of com


SEC. 15. The property of every person vested in the stock liable stock of said company shall be liable to be taken in exsubject to ecution for the payment of his or her debts, in such manner as is or may be provided by law; but no tax shall ever be levied on the stock shares of said company, except the yearly payment to be made by said company, as herein provided; and the shares held by any stockholder, when taken in payment of any other debt or liability of such stockholder, shall be subject to all indebtedness and claims of every kind in favor of said company, against the holder of said stock, which indebtedness and claims shall be fully paid, before said company shall be required to transfer said stock to any purchaser thereof, and before any such purchaser shall acquire any right or title thereto.

Grant of

ted by Con

Pacific Rail-

SEC. 16. For the purpose of aiding in the construction lands dona- of the rail-roads hereby authorized, all the interest and gress on Min- estate, present and prospective, of this territory, and of nesota and the future State, which shall succeed it, in or to any or all the lands granted by the government of the United States to the Territory of Minnesota for the purpose of aiding in the construction of a rail-road from Stillwater, by way of Saint Paul and Saint Anthony, to a point between the foot of Big Stone Lake and the mouth of Sioux Wood River, with a branch, via St. Cloud and Crow Wing, to the navigable waters of the Red River of the North, to the point herein before mentioned, agreeably to the terms of an act of Congress, entitled "An act making a grant of land to the Territory of Minnesota in alternate

of grant.

sections, to aid in the construction of certain rail-roads in said territory, and granting public lands in alternate sections to the State of Alabama, to aid in the construction of a certain rail-road in said State," approved March 3d, 1857; together with all and singular the rights, privileges and immunities conferred or intended to be conferred by said act of Congress, are hereby granted to said Minnesota and Pacific Rail-Road Company, conditioned that said land shall be exclusively applied to the construction of that road for which it was granted; And provided, That the title of said land shall vest in the said Minnesota and Pacific Rail-Road Company, in the manner following, that is to say: whenever twenty or more contin- Conditions uous miles of said road shall have been located, the governor of the territory or future State shall certify the same to the Secretary of the Interior, and thereupon the title to one hundred and twenty sections of said lands shall vest in the said company; and when twenty continuous miles of said road shall have been completed so as to admit of running regular trains on the same, the governor shall certify the same to the Secretary of the Interior, and thereupon a further quantity of one hundred and twenty sections of said lands shall vest in said company, until said roads are completed; and it shall be the duty of the governor so to certify to the Secretary of the Interior whenever any such twenty miles are completed so as to admit of running regular trains of cars over the same, and the governor shall, in his official capacity, and on be half of the territory or State, and under the great seal thereof, execute and deliver to the said Minnesota and Pacific Rail-Road Company, whenever it shall, by virtue of the provisions of this act, be entitled to any of said lands, a deed in fee simple of any and all of the lands to which said company shall be entitled.

SEC. 17. The location and designation of the route and Location of line of said rail-road and branch shall be made by said routes. company, and reported to the governor from time to time; and as fast as the same shall be definitely located and established, and the selection of the lands provided for by the act of Congress aforesaid shall be made, as soon thereafter as practicable by said company, or such agents as it may designate under the appointment of the governor of the territory or future State of Minnesota, such Selection of selections, as well as the survey of said roads, and the compensation of such agents, shall be at the cost and charge of said company, without charges of any kind upon the territory or future State; and said rail-roads so constructed by the application of the proceeds of the lands


roads by

Use of hereby granted, shall be and remain public highways for Government the use of the government of the United States, free from States. any toll or other charge, upon the transportation of troops

of United

and military property of the United States; and the United States mail shall be transported over said road and branch, under the directions of the Post-Office Department, at such price as Congress may by law direct; Provided, That until such price is fixed by law of Congress, the Postmaster-General shall have power to determine the


Taxation SEC. 18. In consideration of the grants, privileges and by entity franchises herein conferred on the said Minnesota and Territory Minnesota. Pacific Rail-Road Company, the said company shall and will, on or before the first day of March in each year, pay into the treasury of the territory or future State three per centum of the gross earnings of the said railroad, for the year ending on the last day of the preceding December, in lieu of all taxes and assessments whatever; and for the purpose of ascertaining the said earnings, an accurate account shall be kept by said company of all receipts and expenditures on account of the operation of said rail-roads, and abstracts thereof shall be furnished by said company to the Treasurer of the territory or State, on or before the first day of February in each year, the truth of which shall be verified by the affidavits of the Secretary and Treasurer of said company; and for the purpose of ascertaining the truth of said affidavits, and the correctness of such abstracts, full power is vested in the governor, or any other person appointed as may be by law prescribed, to examine the books and papers of said company, and to examine under oath the officers, agents and employees of said company, and other persons; and if any person so examined by the governor or other authorized person shall knowingly and wilfully swear falsely concerning the matters aforesaid, every such person is hereby declared to have committed perjury; and for securing to the territory or State the payment of the aforesaid per centum, it is hereby declared that the State shall have a lien upon the rail-roads of the said company, and upon all other property, estate and effects of the said company, whether real, personal or mixed; and the lien hereby secured shall take and have precedence of all demands, decrees and judgments against the said company. The first payment shall be made on the first day of March next, after fifty miles of said rail-road shall be completed, and such payment shall be in lieu of all taxes, and in full of all claims of the territory or State for the grant hereby made; and in consideration of such annual payments, the said company shall be forever exempt from all assess

ments and taxes whatever by the territory, or State which shall succeed the territory, or by any county, city, town, village or other municipal authority in the territory or State, upon all stock in the said "Minnesota and Pacific Rail-Road Company," whether belonging to said company or to individuals, and upon all its franchises or estate, real, personal or mixed, held by said company; and said land granted by said act of Congress hereby authorized to be conveyed to the said Minnesota and Pacific RailRoad Company shall be exempt from all taxation till sold and conveyed by said company.


collect tolls


SEC. 19. The said "Minnesota and Pacific Rail-Road Company Company" shall have full power and authority to trans- to transport port persons and property in boats, vessels, barges or other by water-to water craft, on any navigable water which any portion of and its rail roads may run to or connect with, and to receive Vessels. and collect such tolls and charges therefor as said company shall from time to time fix and determine; and for that purpose may purchase, build and own such vessels, boats and barges, or other water craft, as it may require.

SEC. 20. The said Minnesota and Pacific Rail-Road May take and dispose Company shall be capable in law of taking and holding of lands, &c. any lands granted by the government of the United States or of this territory, or of the future State, or by other parties, which shall be conveyed to it by this act, or by deed, gift or purchase, or by operation of law, and may mortgage, pledge, sell and convey the same, or otherwise dispose of all their right, title, interest, claim or demand of, in and to any such lands so granted to said company, and in any other estate, real, personal or mixed, of which said company may be seized, or which it may acquire subsequently thereto, in such manner and on such terms as the directors may think proper.

cute bonds



or lands

of trust.

SEC. 21. The said company is hereby authorized and May exeempowered, in its corporate capacity, to make, execute, and secure issue and deliver its bonds and obligations in any amount by which the directors may deem necessary or expedient; on roads Provided, That the faith of the territory or future State or deeds of Minnesota shall be in nowise pledged for the redemption of said bonds, and that no banking privileges are hereby granted to said company. And the directors of said company are hereby authorized and empowered to prescribe the sum or sums for which each of said bonds shall be issued; the time or times and place or places when and where the principal and interest of the same shall be payable; the person or persons, trustee or trustees,

thorize trus

or sell mort

or corporation to whom they shall be payable, and whether payable to order or to bearer, or how otherwise negotiable; the rate of interest which said bonds shall bear, and the manner and form in which the interest coupons annexed to them shall be executed; and to secure the payment of all or any of said bonds, the said company is hereby authorized and empowered, in its corporate capacity, to make, execute or deliver one or more mortgages or deeds of trust upon the whole or any part of its rail-road or branches, constructed, or authorized to be constructed, and of the estate granted by the act, and any or all other of their estate, real, personal or mixed, May au- in possession or expectancy; and said company is also tee to take hereby empowered and authorized in and by such mortgage or deed of trust, to confer upon the trustee or mortgagee full and ample powers to enter into and upon, and to take possession of, have, use and employ, or to sell or dispose of, the whole or any part of said rail-road and branches, and all corporate and other franchises, rights and privileges of the said company; and in case of any such sale, to grant and convey to the party or parties acquiring title under any such sale, and their associates, successors and assigns, all and the same rights, privileges, grants, franchises, immunities and advantages in and by such mortgage or deed of trust enumerated and conveyed, which belonged to and were enjoyed by the said company, as fully and absolutely in every respect as the said company, its stockholders, officers and agents, might or could have done if such sale or foreclosure had not taken place.

gaged prem



Directors And the directors of said company are hereby authorscribe form ized and empowered to prescribe, by resolution to be by and terms of them adopted, all matters relating to the form and terms may create a of any such mortgage or deed of trust, and of its execusinking fund. tion and delivery; and they are authorized to provide for


the periodical payment to such trustee or receiver as they shall appoint, a certain sum to create a sinking fund, with which to pay off and discharge, at or before maturity, all or any of the bonds by them authorized to be issued, and also to provide the manner in which such trustee or receiver shall pay out or dispose of said sinking fund, and to authorize him to designate by lot, or any other suitable manner, the bond or bonds to the payment of which such sinking fund, or any part thereof, shall be applied; and the said company is hereby fully authorized and empowered, by its agents, or brokers, or otherwise, at any place, to sell, loan, pledge, hypothecate or otherwise dispose of any or all of the aforesaid bonds hereby fully au

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