Page:United States Statutes at Large Volume 12.djvu/523

 THIRTY-—SEVENTH CONGRESS. Sess. H. Ch. 120. 1862. 493 to the company shall ipso facto constitute a first mortgage on the whole _ {SSM aud (16* line of the railroad and telegraph, together with the rolling stock, fixtures g;?;§;£€°g?;,t° and property of every kind and description, and in consideration of niortgageofroad, which said bonds may be issued; and on the refusal or failure of said “°°k·&°·_ company to redeem said bonds, or any part of them, when required so to u P§°°§§j1§§St0 do by the Secretary of the Treasury, in accordance with the provisions mgieem bonds. of this act, the said road, with all the rights, functions, immunities, and appurtenances thereunto belonging, and also all lands granted to the said - company by the United States, which, at the time of said default, shall remain in the ownership of the said company, may be taken possession of by the Secretary of the Treasury, for the use and benefit of the United States: Provided, This section shall not apply to that part of any road now constructed. Sec. 6. And be it further enacted, That the grants aforesaid are made _ Grams ¢<>¤diupon condition that said company shall pay said bonds at maturity, and ESQ3S5g5g2in_ shall keep said railroad and telegraph line in repair and use, and shall at my, all times transmit despatches over said telegraph line, and transport mails, to keep man1_ troops, and munitions of war, supplies, and public stores upon said rail- ,;"l°‘g"“Ph ‘“ road for the government, whenever required to do so by any department $0 émmmit dg_ thereof, and that the government shall at all times have the preference in Spatches and the use of the same for all the purposes aforesaid, (at fair and reasonable ¤'3¤$P<>¥t ¤¤¤ilS» rates of compensation, not to exceed the amounts paid by private parties u°§g;f;;eut to for the same kind of service ;) and all compensation for services rendered have p,e{mmc€_ for the government shall be applied to the payment of said bonds and Pay mmm interest until the whole amount is fully paid. Said company may also hiiwdm be aP' pay the United States, wholly or in part, in the same or other bonds, pm ` treasury notes, or other evidences of debt against the United States, to be allowed at par; and after said road is completed, until said bonds and interest are paid, at least five per eentum of the net earnings of said road shall also be annually applied to the payment thereoi Sec. 7. And be it fun/zer enacted, That said company shall file their Company to 35861111 to this act, under the seal of said company, in the Department of me a”"¤*» &°·¤ the Interior, within one year after the passage of this act, and shall com— to com me plete said railroad and telegraph from the point of beginning as herein railroad, gm provided, to the western boundary of Nevada Territory before the first day of July, one thousand eight hundred and seventyfour: Provided, That within two years after the passage of this act said company shall Genergl route designate the general route of said road, as near as may be, and shall Q3 l’$g‘;S;§;‘;t"d file a map of the same in the Department of the Interior, whereupon the Map to be me, Secretary of the Interior shall cause the lands within fifteen miles of said designated route or routes to be withdrawn from preemption, private entry, and sale; and when any portion of said route shall be finally located, the Secretary of the Interior shall cause the said lands hereinbefore granted to be surveyed and set off as fast as may be necessary for the purposes herein named: Provided, That in fixing the pomt of c0n· POM of jun? nection of the main trunk with the eastern connections, it shall be Hired at tion of mein the most practicable point for the construction of the Iowa and LIISSOUYI g_‘;“§:;;ct?;;t branches, as hereinafter provided. _ _ _ Sec. 8. And be ii further enacted, That the line of said railroad and Line ofmi],0ad telegraph shall commence at e point on the one hundredth memdmn of mid telegraph, bugiiudqwest from Greenwich, between the south margin of the valley mail; ° °°m` of the Republican River and the north margin of the valley of the Platte River, in the Territory of Nebraska, at a point to be fixed by the Presid611i0f the United States, after actual surveys; thence running WeSt€I:ly _ _ ¤P0¤ iké most direct, central, and practicable route, through the f€I'I`1t0l‘l€S D’"°t‘°“‘ of the United States, to the western boundary of the Terrimry of Nevada, there to meet and connect with the line of the Central Pacxie Railroad Company of California.. Sec. 9. And be it further enacted, That the Leavenworth, Pawnee,