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thereon, it shall be the duty of the governor, at any time after such completion as aforesaid, on the presentation and surrender of the receipt given therefor, to return to the holder of such receipt the bonds and scrip, with the accrued interest on the same, which were deposited with the governor in June, one thousand eight hundred and sixty-one, on behalf of the Minnesota and Pacific RailRoad Company, under the provisions of the act approved March eighth, one thousand eight hundred and sixty

one.

SEC. 11. That the Saint Paul and Pacific Rail-Road Company shall transfer, by all regular trains, all passengers and freight delivered to the same by any connecting line of rail-road now or hereafter to be built, in the same manner, and at no greater rates, than for the time being shall be charged by said Saint Paul and Pacific RailRoad Company for the same service to persons living on the line of said road: Provided, That any such connecting line shall be governed by the same rules in transporting passengers and freight over their said lines, delivered to them by said Saint Paul and Pacific RailRoad Company.

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SEC. 12. That no execution issued or to be issued upon Executions any judgment, now or hereafter to be rendered against judgment the Minnesota and Pacific Rail-Road Company, or any against M. & liability incurred prior to January 1, 1862, shall be levied not to be leupon any of the lands, property or franchises by this act or property granted to the said Saint Paul and Pacific Rail-Road granted to Company, unless specially directed to make such levy by R. Co. unless a decree or judgment of the court; nor shall any injunc-rected tion to stay or impede the construction of the rail-road to be constructed or completed under the provisions of this act by said Saint Paul and Pacific Rail-Road Company be allowed or issued, except upon complaint filed and adequate security by injunction bond given, nor until Injunctions after the service of the notice of the application therefor how upon the said company, at least sixty days prior to the ed. time of such application, which application must be heard at some general term of the court in the proper county. Such application shall be heard upon the complaint and answer, and determined thereon according to tions for the practice and course of decisions in like cases.

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SEO. 13. All acts and parts of acts inconsistent with, or Act-when repugnant to, the provisions of this act, are hereby re-fect. pealed. This act to take effect and be in force from and after its passage.

Approved March 10th, 1862.

[Form of Land Mortgage.]

THIS INDENTURE, made this second day of June, in the year of our Lord one thousand eight hundred and sixty-two, at Saint Paul, in the State of Minnesota, between THE SAINT PAUL AND PACIFIC RAIL-ROAD COMPANY, a body corporate, created by an act of the legislature of the State of Minnesota, hereinafter referred to, party of the first part, and EDMUND RICE and HORACE THOMPSON, of the City of Saint Paul and State of Minnesota, and SAMUEL J. TILDEN, of the City and State of New-York, parties of the second part, witnesseth:

Whereas, by an act of the Senate and House of Representatives of the United States of America, in Congress assembled, approved on the 3d day of March, in the year of our Lord one thousand eight hundred and fifty-seven, 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," there was granted, by the United States of America, to the late territory of Minnesota, for the purpose of aiding in the construction of rail-roads from and to certain points and places mentioned in said act, (to which act reference is hereby made, for a particular description thereof,) every alternate section of land, designated by odd numbers, for six sections in width, on each side of said roads and branches, except in cases where it should appear that the United States had, when the lines or routes of said roads were definitely fixed, sold any of such sections or parts of sections, or that the right of preemption had attached to the same; and in such cases it was provided, by said act of Congress, that there should be granted to said territory, for the like purposes before mentioned, so much land, nearest to the tiers of sections above specified, in alternate sections or parts of sections, as should be equal to such lands as the United States may have sold, or otherwise appropriated, or to which the rights of pre-emption may have attached; the same to be selected by any agent or agents, to be appointed by the governor of said territory, or future State of Minnesota, subject to the approval of the Secretary of the Interior, and to be located not further than fifteen miles from the lines of said rail-roads or branches; and it being provided by said act, that the lands thereby granted for and on account of said roads and branches sev

erally, should be exclusively applied in the construction of that road for and on account of which such lands were thereby granted, and should be disposed of only as the work progresses:

And whereas the legislative assembly of the late territory of Minnesota, by an act, approved on the 22d day of May, in the year of our Lord 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 railroads 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 rail-road companies, therein named,"" did create and declare the persons therein named a body politic and corporate, by the name and style of the Minnesota and Pacific Rail-Road Company, and did authorize and empower the said company to locate, construct, maintain and operate a rail-road, with one or more tracks or lines of rail, on such route as said company should think proper, from Stillwater, by way of St. Paul and St. Anthony, via Minneapolis, to the town of Breckenridge, on the Sioux Wood River, with a branch from St. Anthony, via Anoka, St. Cloud and Crow Wing, to St. Vincent, near the mouth of the Pembina River, the said rail-road and branch being one of the railroads and branches specially mentioned in and provided for by said act of Congress; and, for the purpose of aiding in the construction of the said rail-road and branch, did grant to said company all the interest and estate, present and prospective, of said territory, and of the future State, which should succeed it, in or to any or all of 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 St. Paul and St. 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, under and by virtue of the act of Congress, approved on the 3d day of March, 1857, herein before referred to, together with all and singular the rights, privileges and immunities conferred, or intended to be conferred by said act of Congress; conditioned that said land should be exclusively applied to the construction of the road, herein before described, the title to all which lands was to be vested in said company, in various parcels, from time to time, in accordance with the provisions of said act of the legislative assembly of

the late territory of Minnesota, to which provisions reference is hereby made by the party of the first part hereto, and subject to which, and subject also to an act enacted by the legislature of the State of Minnesota, entitled "An act to facilitate the construction of the Minnesota and Pacific RailRoad, and to amend and continue the act of incorporation relating thereto," approved March 10th, 1862, this Indenture is executed:

And whereas the said Minnesota and Pacific Rail-Road Company, by the eleventh section of said act of the legislative assembly of the late territory of Minnesota, was expressly authoized and empowered, in its corporate capacity, to borrow money from any person or persons, corporation or body politic of any kind, and for any rate of interest which might be agreed upon by and between said company and any person or party of whom such loan might be obtained, any law on the subject of usury, of said territory or future State, or any State where such transaction might be made, to the contrary notwithstanding, and to make, execute and deliver all necessary writings, notes, bonds, mortgages, or other obligations and securities in amount and kind as might be deemed expedient by said company, in consideration of any such loan, or in discharge of any liabilities which it might incur in the construction, repair, equipment or operating of said road; and by the twenty-first section of said act of the legislative assembly of the late territory of Minnesota, the same company was further expressly authorized and empowered, in its corporate capacity to make, execute, issue and deliver, its bonds and obligations in any amount which the directors thereof might deem necessary or expedient, and to prescribe the sum or sums for which each of said bonds should be issued, the time or times, and place or places, when and where the principal and interest of the same should be payable, the person or persons, trustee or trustees, or corporation to whom, or to which 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 for the purpose of securing the payment of all or any of said bonds, the said company was further, by said twenty-first section of said act of the legislative assembly of the late territory of Minnesota, expressly authorized and empowered in its corporate capacity to make, execute and 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 said act of which said section was a

part, and any and all other of its estate, real, personal or mixed, in possession or expectancy, and 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 take possession of, have, use and employ, or to sell and 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 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 said company, as fully and absolutely, in every respect, as said company, its stockholders, officers and agents, might or could have done, if such sale or foreclosure had not taken place; and the directors of said company were further, by said twenty-first section of said act of the legislative assembly of the late territory of Minnesota, authorized and empowered to prescribe by resolution, to be by them adopted, all matters relating to the form and terms of any such mortgage or deed of trust, and of its execution and delivery; and the said company being further authorized and empowered by said twenty-first section of said act of the legislative assembly of the late territory of Minnesota, through 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, so as aforesaid authorized 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, its agents or brokers, should appear most for its interest:

And whereas, the board of directors of the said company, after the passage of the said act of the legislative assembly of the late territory of Minnesota, at a meeting held in the City of St. Paul, Minnesota, on the 25th day of May, A. D. 1857, permanently organized by the election of Edmund Rice to be President, and R. R. Nelson to be Vice-President, and by the appointment of James W. Taylor to be Secretary, of I. M. Stone to be Treasurer, and of John B. Brisbin to be attorney thereof, and after such organization, by a resolution duly passed, accepted the aforementioned act of the legislative assembly of the late territory of Minnesota, approved on the 22d day of May, A. D. 1857, and the grants thereby made, so far as they related to or affected the interests of said company, upon the terms and conditions and according to the provisions in said act contained; a copy of which resolution, certified by the president and secretary of said company, un

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