thorized to be issued, at par, or at any price less than par, and for such sum or sums, and on such terms, as to the said company, or its agent or brokers, shall appear most for the interest of said company. And any such mort- How mortgage or deed of trust, and every discharge or satisfaction of trust rethereof, may be recorded in the office of the secretary of corded. the territory or future State of Minnesota, in a proper book kept for that purpose; and the certificate of such recording, endorsed on such mortgage or deed of trust, shall have the same effect as if recorded in the several counties through which such road may run, or in which such land may be; and such record in the office of the secretary shall be sufficient notice to all persons. Property taken by be for public SEC. 22. All the property which the said Minnesota and Pacific Rail-Road Company is authorized to take, company to possess, hold, use or enjoy, by making payment therefor, befo as in this act provided, is hereby declared to be taken for public use, so soon as the said company shall so take, possess, hold or use the same. conductors, &c. SEC. 23. Every conductor, baggage master, engineer, Badges of brakeman, or other servant of such corporation employed in a passenger train or at stations for passengers, shall wear upon his hat or cap a badge, which shall indicate bis office, initial letters, or style of the corporation. No conductor or collector without such badge shall demand or be entitled to receive from any passenger any fare, toll or ticket, or exercise any of the powers of his office; and no other of said officers or servants without such badge, shall have any authority to meddle or interfere with any passenger, his baggage or property. SEC. 24. A bell of at least thirty pounds weight, or a Bells. steam whistle, shall be placed on each locomotive engine, and shall be rung or whistled at the distance of at least eighty rods from the place where said road shall cross any other road, and be kept ringing or whistling at intervals until it shall have crossed said road or street, under a penalty of fifty dollars for every neglect, to be paid by said corporation, one-half thereof to go to the informer, and the other half to the territory or future State of Minnesota, and to be liable for all damages by reason of such neglect. Said corporation shall cause boards to be Notice of placed, well supported by posts or otherwise, and constantly maintained, across each public road or street where the same is crossed by the rail-road, on such elevation as not to obstruct the travel, and to be easily seen by travelers, and on each side of said board shall be painted in capital letters, of at least the size of nine inches each, the words, "Rail-Road Crossing! Look out for the Cars!" rail-road crossing. But this provision shall not apply to streets of cities or villages, unless the corporation be required to put up such boards by the officers having charge of such streets. Said company shall construct and maintain a good, subFences. stantial board or rail fence, four and one-half feet high, along said rail-road, in the line of the lands by this act granted to them, and shall construct and maintain cattle guards, wherever the same may be necessary, sufficient to keep cattle, sheep, horses and hogs from off the track Repealed. of said rail-road, whenever required by the Board of County Commissioners of the counties respectively through which said road shall pass, and shall be liable for all damages sustained by any person by reason of neglect to keep and maintain such fence or cattle guard in good repair. Power to Mississippi and exten SEO. 25. Said company is hereby authorized and shall construct have full power to locate, construct and operate a railValley road, road with one or more tracks, from Winona up the valley sion to Mis- of the Mississippi River to Saint Paul, and to extend souri River. its line of rail-road from its terminus at a point between the foot of Big Stone Lake and the mouth of the Sioux Wood River, to any point on the Missouri River, north of the forty-fifth parallel of north latitude, and to increase its capital stock equal to the full cost of said rail-road and extension. Magnetic SEC. 26. Said company shall also have power and autelegraph. thority to construct and operate a line of magnetic telegraph along any or all its rail-roads or branches in this territory or future State of Minnesota. Consolida reign com SEC. 27. The Minnesota and Pacific Rail-Road Comtion with fo- pany shall not at any time consolidate with any rail-road panies. company owned or operated outside the territory or State of Minnesota, without the authority of the legislature of Uniform said territory or State. All the rail-roads in the territory shall be of uniform gauge or width of tracks, which shall be and is hereby established at four feet and eight and one-half inches. gauge. act. Nature of To take ef SEC. 28. This act is hereby declared to be a public act, and shall be favorably construed to effect the purposes hereby intended; and copies thereof printed by authority of the territory or State of Minnesota, shall be received as evidence thereof in all cases. SEC. 29. This chapter one of this act shall take effect fect imme- and be in force from and after the passage of this act. diately. 31 CERTIFICATE OF THE ORGANIZATION OF THE MINNESOTA AND PACIFIC RAILROAD COMPANY, PURSUANT TO ITS CHARTER, AND THE ACCEPTANCE OF THE GRANT OF LAND. AT a meeting of the Directors of the Minnesota and Pacific Rail-Road Company, appointed and constituted by the sixth section of an act of the legislative assembly of the territory of Minnesota, entitled "An act to execute the trust created by an act of Congress entitled 'An act making a grant of land to the Territory of Minnesota in alternate 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 certain rail-roads in said State, and granting certain lands to rail-road companies therein named,"" approved May 22, 1857, held in the City of St. Paul, Minnesota, on Monday, the twenty-fifth day of May, A. D. 1857, the following named directors attended, constituting a quorum of said board, to wit: F. R. Delano, William Willim, Edmund Rice, R. R. Nelson, William L. Ames, Richard Chute, Abraham M. Fridley, Dwight Woodbury, Franklin Steele and Charles H. Oakes. Whereupon said first Board of Directors of the Minnesota and Pacific Rail-Road Company was permanently organized by the election of Edmund Rice to be President, and R. R. Nelson to be Vice-President, from their own number; and by the appointment of James W. Taylor to be Secretary, of J. M. Stone to be Treasurer, and of John B. Brisbin to be attorney of said company. The Board of Directors of the Minnesota and Pacific Rail Road Company, so met and organized as aforesaid, thereupon passed the following resolution: Resolved, That an act of the legislative assembly of the territory of Minnesota, approved May 22, 1857, entitled "An act to execute the trust created by an act of Congress entitled 'An act making a grant of land to the territory of Minnesota, in alternate 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, and granting certain lands to railroad companies therein named,'" and the grants made by said act, so far as the same relate to or affect the interests of the Minnesota and Pacific Rail-Road Company, be, and the same are hereby accepted and agreed to by the Minnesota and Pacific Rail-Road Company, upon the terms and conditions and according to the provisions in said territorial act contained. We, Edmund Rice, President, and James W. Taylor, Secretary, of the Minnesota and Pacific Rail-Road Company, do hereby certify, that the resolution last above set forth is a true copy from the minutes of the Board of Directors of said company, so assembled and organized as aforesaid. Witness our hands this twenty-seventh day of May, 1857, at St. Paul, in the Territory of Minnesota. President M. & P. R. R. Co. JAMES W. TAYLOR, Secretary M. & P. R. R. Co. I, CHARLES L. CHASE, Secretary of the territory of Minnesota, certify that the resolution of the Minnesota and Pacific Rail-Road Company, with [L. s.] the certificate of its authenticity by the officers of said company, of which the foregoing is a true copy, were this day deposited in my office. Witness my hand and the seal of said territory, this 27th day of May, A. D. 1857. CHARLES L. CHASE, Sec'y Minnesota Ter. AN ACT TO FACILITATE THE CONSTRUCTION OF THE SAINT PAUL AND franchises, P. R. R. Co., the State, to Woodbury Be it enacted by the Legislature of the State of Minnesota: SECTION 1. That all the rights, benefits, privileges, prop- All lands, erty, franchises and interests of the Minnesota and Pa- property, cific Rail-Road Company, acquired by the State of Min- etc., of M. & nesota by virtue of any acts, deeds, agreement, or thing acquired by by the said company heretofore done or suffered, or by be transfervirtue of any law of the State, or the constitution thereof, red to D. or of the former territory of Minnesota, or by reason of and others. any sale of the same, or any part thereof, by the governor of the State, on the 23d day of June, eighteen hundred and sixty, and bid in and purchased for the benefit of the State, be, and the same are hereby granted and transferred Dwight Woodbury, Henry T. Welles, R. R. Nelson, Edmund Rice, Edwin A. C. Hatch, James E. Thompson, Leander Gorton, Richard Chute and William Lee, their associates and successors, for the purpose and on the terms and conditions hereinafter in this act provided, free and clear of all claims or liens thereon, and from all liens and claims by or to the State of Minnesota, except as hereinafter provided. lands, etc., to M. & P. R.R. of May 22, to and vest SEO. 2. All the rights, privileges, franchises, lands, prop- All rights, erty and interests granted by the territory of Minnesota franchises, to the Minnesota and Pacific Rail-Road Company, by the granted act of said territory, approved May twenty-second, one Co., by act thousand eight hundred and fifty-seven, entitled "An act 1857, continto execute the trust created by an act of Congress, enti- ued, granted tled 'An act making a grant of land to the territory of ed in said Minnesota, in alternate sections, to aid in the construc- his Woodbury, tion of certain rail-roads in said territory, and granting ates and sucpublic lands in alternate sections to the State of Alabama, of all liens to aid in the construction of a certain rail-road in said State,'" approved March third, eighteen hundred and fifty-seven, are hereby continued and granted to and vested in the said Dwight Woodbury, Henry T. Welles, 3 associ cessors, free or claims. |