Page:United States Statutes at Large Volume 13.djvu/387

 THIRTY-EIGHTH CONGRESS. Sess. I. C11. 216. 1864. 359 Railroad Company of California shall be required to complete twenty-tive miles of their said road in each year thereafter, and the whole to the state pm of 6cm_ line within four years, and that only one half of the compensation for pensationtopay Sei-vices rendered for the government by said companies shall be required f°' b°“d*· to be applied to the payment of the bonds issued by the government in aid of the construction of said roads. Sec. 6. And be it further enacted, That the proviso to section four of f (gmmlS3l°¤°” said act is hereby modified as follows, viz: And the President of the f§62,°;I:°°f25;§4_ United States is hereby authorized, at any time alter the passage of this Vol. xii. p. 492- act; to appoint for each and every of said roads three commissioners, as provided for in the act to which this is amendatory; and the verified statement of the president of the California company, required by said section four, shall be filed in the office of the United States surveyor-general for the State of California, instead of being presented to the President of the United States; and the said surveyor-general shall thereupon notify the said commissioners of the tiling of such statement, and the said commissioners shall thereupon proceed to examine the portion of said railroad and telegraph line so completed, and make their report thereon to the President of the United States, as provided by the act of which this is amendatory. And such statement may be filed, and such railroad and Statementmay telegraph line be examined and reported on, by the said commissioners, };;g3d&°“d“, and the requisite amount of bonds may be issued and the lands appertain- Wheu,’&c_," ing thereto may be set apart, located, entered, and patented, as provided in this act and the act to which this is amendatory, upon the construction by said railroad company of California of any portion of not less than twenty consecutive miles of their said railroad and telegraph line, upon the certificate of said commissioners that such portion is completed as required by the act to which this is amendatory. And section ten of the Amendment to act of which this is amendatory is hereby amended by inserting, after the i 10- words “United Siates," in the last clause, the words “ and states intervening." Sec. 7. And be it further enacted, That so much of section seventeen Repeal ofreof said act as provides for a reservation by the government of a. portion ‘l"‘;?“‘“;,;h”g of the bonds to be issued to aid in the construction of the said railroads is ggxiglbz min S hereby repealed. And the failure of any one company to comply fully served. with the conditions and requirements of this act, and the act to which this cO;’;Q:;°§§t°;° is amendatory, shall not work a forfeiture of the rights, privileges, or meet einem. franchise of any other company or companies that shall have complied with the same. Sec. 8. And be it further enacted, That for the purpose of facilitating Portion or me work on said railroad, and of enabling the said company as early as gifs; ';gr:’° practicable to commence the grading of said railroad in the region of the tmgnqw-_ gw, mountains, between the eastern base of the Rocky Mountains and the °;*gl°Y*h¤;¤£¤¤ Western base of the Sierra Nevada Mountains, so that the same may be gs g_,;g7°* ’ °" finally completed within the time required by law, it is hereby provided that whenever the chief engineer of the said company, and said commissioners, shall certify that a certain proportion of the work required required to prepare the road for the superstructure on any such section of twenty miles is done, (which said certificate shall be duly verified,) the Secretary of the Treasury is hereby authorized and required, upon the delivery of such certificate, to issue to said company a proportion of said bonds, not exceeding two thirds of the amount of bonds authorized to be issued under the provisions of the act, to aid in the construction of such section of twenty miles, nor in any case exceeding two thirds of the value of the work done, the remaining one third to remain until the said section is fully completed and certified by the commissioners appointed by the President, according to the terms and provisions of the said act; and no such bonds shall issue to the Union Pacific Railroad Company for work done west of Salt Lake City under this section, more than three hundred