Page:United States Statutes at Large Volume 10.djvu/48

 28 THIRTY—SECOND CONGRESS. Sess. I. C11. 80. 1852. Ulm *0 b° be situated: Provided, That any person claiming the right to purchase gig; °$,?m¥nm°f under this act shall, before the actual 0H`6I'.lDg' of the tract at public sale, twelve mouths. file with the register of the proper land-ofiice, a notice describing the land by, its numbers, and make the necessary proof affidavit, and pay— ment for the land, within twelv; mpnths from the gate of this act: fin? · idcd urther That the ri t 0 wa u on an across any rac o °°"°d' feet in width, shall be reserved and getaéned fpr thed said rmlroad and branches, as the same ma be ocate an cons ruc e . APPROVED, August 2, )l852. August 4, 1852. CHA?. LXXX.——An Act to grant the Rayhl 1f Way to all Rail ond Plank Roads and ——;————— Mandamized  passing through the Public Land belonging to the United Stale:. 1856'cb ZW Bo it enacted the Senate and House 0 Re resentmtives of the Right of WT United States of Syrnerica in Congress assemblél, That the right of way $"mm§s shall be, and is hereby granted to all rail and plank road, or Macadarngranted to all ized turnpike companies that are now or that may be chartered within fgé €'°·» ten years hereafter, over and through any of the public lands of. the my of the Sgms United States, over which any rail or plank road or 'Macadamrzed W!¤hi¤t¢¤g'¤%r¤, tumpikes are or may be authorized by an act of the legmlature of the m3Qm”3f°;‘;{f_ respective States in which public lands may be situated; and the said 1in1am1s. company or companies are hereby authorized to survey and mark Pm _ through the said public lands, to be held by them for the tralek of (paid ‘"’°· road, one hundred feet in width: Provided, at in case w ere eep excavation or heavy embankment is required for the grade of such road, than at such places a greater width may be taken by such company, if necessary, not exceeding in the whole two hundred feet. Sec. 2. And be it further enacted, That the said company or comn§§dt;?(¥;¤I;;¤11;;gf ptanies shag have she right tpl take f1‘0ll;1 the pulhlic lands, in the vicinity 1.; ,, cn f o said ro or ro s, all suc materia. 0 ear, stone, or wood, as may the pagans num be necessary or convenient, from time to time, for the first construction of said road or roads, or any part thereof, through said land. Sim ford9pm, $1:0:12.  be it further enacted, Tl3f there shall he, apd is hereby 3,%,,, mo gum,. gran e o said company or companies, necessary sites cr watering W- places, depots, and workshops along the line of said road or roads, so far as _ the places convenient for the same ma fall upon the public lands: .Provi— homo ded, That no one depot or watering glance shall oontgin over one square acre, and that said sites shall not be nearer to each other than ten miles The mow along the line or lines of said road or roads: Pjovzdedfurrher, That the mm to cme, said grants herein contained, as well of the use of the public lands, as of mm the mm the materials for the construction of said road or roads shall cease and z313H5mg3S33E determine, unless the road or roads be begun within ten years from and Wim, amen after the passage of this act, and completed withixr fifteen years thereyam from the after: And provided moreover, That if any road, at any time after its £f“¥° °f this completion, be discontinued or abandoned by said company or companies, num mag m the grants hereby made shall cease and determine, and said lands hereby g·;°°¤°l¤‘·;¤'%m_ granted, revert back to the general government: Providedfurther, That m.,,F"° when a 1o1c1;ation for eipher of said railroads or plank roads, Macadam- Loesrions to be ize turup' es, or sites or depots on the line of such road or roads shall m°d• &°· be selected, the proper officers of such road or roads shall transmit to the Commissioner of the General Land-Oiiice a correct plat bf the survey of said road or roads, together with the survey of sites for depots The above before such selection shallnbeoome operative: Provided funher, That gum. ,0 apply none of the foregoing provxsicnspf this act shall apply to, or authorize pniylto comin any rights m any lands of the United States other than such as are held an . fcrbplrxvatetpntry and sale, and such as are unsurveyed and not held for pu 'c use y erection or improvements thereon.
 * `°£glg :g’·‘;v*:*y:11d.1x`;d)claim`{:`d under the provisgms of thiz?a.cl:), not exceeding tvro hundred