R. R. Nelson, Edmund Rice, Edwin A. C. Hatch, James E. Thompson, Leander Gorton, Richard Chute and William Lee, and their associates and successors, with all the immunities, rights, property, benefits and privileges which the said The Minnesota and Pacific Rail-Road Company had, or might or could have, by reason of the passage of said act, free and clear of all claim and liens thereon, and free from all liens and claims of the State of Minnesota against the same, except such as are retained by the provisions of this act; and the said persons herein before named, and their associates and successors, shall hereaf ter be known as the Saint Paul and Pacific Rail-Road the St. Paul Company, and by that name may sue and be sued, and have and exercise all the powers, rights and privileges which heretofore pertained to the said The Minnesota and Pacific Rail-Road Company by the act herein before referred to, or by any other act or law; and that the perDirectors sons herein before named shall be the directors of the said for one year. The Saint Paul and Pacific Rail-Road Company for one year, and until others are elected or appointed in their places.

Known as

R. R. Co.

Completion

of road

when.

SEC. 3. The provisions in this act contained are upon condition that the said The Saint Paul and Pacific RailRoad Company shall complete and put into operation, and fully equip for business, that portion of the main line of said road, extending from Saint Paul to Saint Anthony, on or before the first day of September next, and that portion of the branch line of said road, extending from Saint Anthony to Anoka, by the first day of January, eighteen hundred and sixty-four, and to Saint Cloud by the first day of January, eighteen hundred and sixty-five, and those portions of the main line of said road, extending from Stillwater to Saint Paul, and from Saint Anthony by way of Mineapolis westwardly to the west line of range thirty, within one year from the expiration of the time last aforesaid, and to Little Falls by the first day of January, eighteen hundred and sixty-six; and thereafter to continue to construct and put into operation, fully equipped for business, the said road or branch, at the rate of thirty miles annually, and all of said road or branch on or before the third day of March, eighteen hundred and sixty-seven; Provided, That as evidence of the good faith and ability of said company to construct the portion of said road running between St. Anthony and Anoka within the time named herein, said company Deposit shall deposit with the governor of the State, on or before $10,000 the first day of January, 1863, in money, or bonds of the United States or of this State, or some State of the Union

when,

in good credit, the sum of ten thousand dollars, to remain in the hands of the governor until the first day of January, 1864, or until said road shall be completed to Anoka, as provided by this act; when such deposit shall be returned by the governor to said company, or to the party who shall have made such deposit, on surrender of the receipt given therefor; but if said road, from Saint Anthony to Anoka shall not be completed, and the cars running thereon by the time last named, said deposit shall become absolutely the property of the State, and shall be disposed of as the legislature shall direct.

Board of Directors

seven.

of

SEC. 4. The Board of Directors of the Saint Paul and Pacific Rail-Road Company shall consist of seven per-consists sons, who shall be elected by the stockholders annually, four of whom, at least, shall be citizens of the United States, and any loyal citizen thereof shall be eligible to the office of director, and a majority shall constitute a quorum; and meetings of said board may be held within or without this State: Provided, That in the election of directors, and at all other elections or meetings of said company, a majority of votes shall govern. Each share of full paid stock shall entitle the holder thereof to one vote, and upon any shares of stock not fully paid up, the one vote holder shall be entitled to one vote and no more for each for each $100 paid on hundred dollars actually paid; but no stock shall be voted stock. upon, upon which there shall be then due any unpaid instalment by assessment.

pletion.

SEC. 5. In case the said The Saint Paul and Pacific Forfeiture Rail-Road Company shall fail to construct, put into ope- of non-comration and fully equip for business that portion of the said road extending from St. Paul to Saint Anthony, on or before the first day of January next, all the rights, benefits, privileges, lands, property and franchises conferred upon said company by virtue of this act, or any law of the State or territory of Minnesota, heretofore passed, shall thereupon become forfeited to the State absolutely, without any judicial or legal proceedings, or any further act or ceremony whatever; and in case the said company shall fail to construct the other and further portions of said road and branch, as provided by this act, and at or within the time or times herein specified, or shall fail to make the deposit required to be made by the provision to section three of this act, by the time named therein, all the lands, property, privileges, rights and franchises of the said company pertaining to the unbuilt portions of said road and branch shall thereupon become forfeited to the State absolutely, and without any further act or ceremony whatever, or any judicial or legal proceedings

Lands grant

therefor; in which case the said State shall hold the same, without merger or extinguishment, to be used, granted and disposed of for the purpose of aiding in the construction of said road as aforesaid, and in either case, or in any forfeiture whatever under the provisions of this act, the State shall hold and be possessed of all such lands and property, and franchises so forfeited, without merger or extinguishment, to be used, granted or disposed of for the purpose of aiding and facilitating the construction of said road and branch.

SEC. 6. For the purpose of aiding in the construction ed by act of of the Saint Paul and Pacific Rail-Road, and the branch Congress of March 3, 8, thereof, all the interest of the State, present and prosroads hereby pective, in and to any and all the lands granted by ConSted ogress to the territory of Minnesota, for the purpose of P. R. R. Co. aiding in the construction of a road from Stillwater, by

1857, for rail

granted

way of Saint Paul and Saint Anthony, to a point between the foot of Big Stone Lake and the mouth of (the_Big) Sioux Wood River, with a branch, via St. Cloud and Crow Wing, to the navigable waters of the Red River of the North, agreeably to the terms of an act of Congress, which was approved March 3d, 1857, together with all and singular the rights, privileges and immunities conferred and intended to be conferred by said act of Congress, are hereby granted to said Saint Paul and Pacific Rail-Road Company, conditioned that said land shall be applied to the construction and equipment of said road, When title and for no other purpose whatever. Whenever said comto shall vest. pany shall actually complete that portion of the road

between Saint Paul and Saint Anthony, so that regular trains of cars are running thereon, and not before, the governor shall certify the same to the Secretary of the Interior, and thereupon the title to one hundred and twenty sections of land shall vest in said company. And when twenty continuous miles of said road shall be completed and regular trains running thereon, the title to a further quantity of one hundred and twenty sections of land shall vest in said company. And whenever said company shall actually complete twenty continuous miles of said road, from Mineapolis westwardly, so as to admit of the running of regular trains of cars 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; and so on, as often as any further twenty continuous miles of said road shall be completed, so as to admit of the regular running of trains of cars thereon, the governor shall in like manner certify the same to the

deed.

to

Secretary of the Interior, and a further quantity of one hundred and twenty sections of said land shall vest in said company; and it shall be the duty of the governor, when govwhenever said road shall be completed between Saint ernor Paul and Saint Anthony, in his official capacity, and on behalf of the State, to convey to said company one hundred and twenty sections of land; and whenever any further twenty continuous miles of said road or its branches shall be completed and in operation, the gov ernor shall in like manner convey a further quantity of one hundred and twenty sections of land and so on, as often as any further twenty continuous miles of said road or its branches shall be completed, shall in like manner convey to said company a further quantity of one hundred and twenty sections of land, until there shall be conveyed to said company all the lands to which they shall be entitled according to the terms and provisions aforesaid; Provided, That upon the written authority of May be consaid company, filed with the State treasurer, said lands, veyed to aswhen the company is entitled thereto, may be conveyed by the State directly to the assigns of said company.

SEC. 7. Section nineteen of chapter three, of the act to which this act is amendatory, is hereby amended so far as it relates to the Saint Paul and Pacific Rail-Road Company, so as to read as follows:

signs-when.

Fences,

cross

ings, cattle

Whenever, after cars commence running on said road or branch, any owner or occupant of lands adjoining the road same shall enclose his or her lands by constructing a guards. fence on the line of said rail-road, said company shall construct and maintain one-half of the same as a partition fence, the other half to be erected and maintained by the owner or occupant of such adjoining land; and all fences erected on the line of said road, which may form part of any adjoining enclosure, shall be regarded as a partition fence, subject to the laws now or hereafter in force regulating such fences between individuals. Said company shall construct and maintain suitable cattle-guards at all public road crossings, except street crossings in towns and cities; and at the request of the respective owners through whose lands the said road passes, shall make and maintain such reasonable farm crossings as shall be necessary to accommodate said land owners; and the said company shall be liable for all damages sustained by any person by reason of any neglect on the part of said company to comply with the provisions of this section, unless the same shall arise from the carelessness, negligence or misconduct of the person, his agents or servants, who may suffer such damage.

Law may

So much of section twenty-four, chapter one, and secafrodite tion nineteen of chapter three, of the act to which this

be

years.

Stock not to be issued nor

to pay debts

act is amendatory, so far as they relate to the fencing and cattle-guards, affecting the said Saint Paul and Pacific Rail-Road Company, is hereby repealed. At any time after the expiration of ten years from and after the passage of this act, the legislature shall have full power to alter, modify or change the provisions of this section, to require the entire construction and maintenance by the company of all such fences along the lines of their said road and branch, and prescribe such rules and regulations concerning the same as, in their judgment, shall

seem best.

SEC. 8. That all persons, or their assigns or legal representatives, who, in good faith, settled upon any of the lands hereby granted to the said The Saint Paul and Pacific Rail-Road Company, at or prior to the time when the line of said road and branch was definitely fixed and located with a view to pre-empt, and who have continued to occupy the same, shall be at liberty to purchase such land at two dollars and fifty cents per acre, if within the six mile limits of the line of said road; and if without such limits, at one dollar and twenty-five cents per acre: Provided, That application therefor and proof of the right to purchase shall be made within six months after the fee of said lands shall be acquired by said company. SEC. 9. It shall not be lawful for said company to issue mortgage or capital stock, or make any mortgage or lien on said roadlien created bed, superstructure, rolling stock or other property conof M. & P. nected with said road, or make any sale of, or create or any purpose give any lien or mortgage on any lands granted to conexcept construct said road, for any debt, liability or obligation of the Minnesota and Pacific Rail-Road Company, or for any debt, liability or obligation hereafter to be incurred by the said Saint Paul and Pacific Rail-Road Company, except for the bona fide purpose of constructing, completing and equipping said road or branch, until after it shall have been completed for the running of cars thereon to a point opposite St. Cloud, in the said branch, and to the west side of range thirty-one on the main line of said road: Provided, That no lien, mortgage or other incumbrance shall be made on any of the uncompleted roads or lands, after the completion of the road to St. Cloud, except for the bona fide purpose of constructing said uncompleted roads.

R. R. Co. for

struction of

road.

SEC. 10. If at any time, on or before the first day of September next, said road between Saint Paul and Saint Anthony shall be completed for the running of cars