Page:United States Statutes at Large Volume 22.djvu/211

 184 FOB1'Y~SEVENTH CONGRESS. Sess. I. C11. 371. 1882. based on wheelago as its wheelnge shall bear to the total wheelnge passing over said road. °i' ¤=i¤¤· The rental slmll be o. fixed charge in addition to mnmtenance of 1-ond, and shall be determined by mntnnl agreement, or, in case of disagreement, by arbitmtors, each party ohoosm g one snch arbitrator, the third · to be chosen by the others appointed, whose decision upon nil pomts respecting such rental shall be tina]. Each company enyoying the right ludividuni wm- of user as aforesaid shall pay for any and all damages to the property P“i°°*°P‘Y ““" of the nation or individuals caused by the runmng of 1tS own trams to °“°:m°;°’:c1 by the company owning the imnchise hereby granted whenever such coin- @0 ’ ° pany has been required to pny the same under the provisions of this D*¤¤:f¤¤¤¤¤¤* ¤¤·a1ct. If said companies shall disagree as to damages aforesaid, 2\ll·dlS- §’,:°d by u In tion, as provided in ease of rental: Provided, That all trnins running rrorm. over said railroad shall be under the exclusive-control of the company owning and operating said railroad. Bond. Sec. 9. That the said railroad company shall execute a. bond to the ' United States, to he filed with and approved by the Secretary of the Interior, in the penal sum of five hundred thousand dollars, for the use and benefit of the Choctaw und Ghielmsaw Nations, to cover any and all damages which may accrue by reason of the failure of stud railway company to comply with all or any of the provisions and conditions of this act. Said bond shall be good and valid against said company, its Renewabloeveq successors End assigns, and shall he renewed at the expiration of every 6** X¤•¤· live years, and whenever, in the judgment of the Secretary of the Interior, a renewal of the same shall be deemed necessary for the protection of the interests of the Indians or of the United States. - Gnnm Smiling S20. I0. That if within ninety days after the passage of this act the
 * °.d'·‘“‘!" 29m' agreements shall be settled and determined between them by nrbitro-_
 * 9 ¤·¤=·>v¤ ¤¤¤di; company aforesaid shall fail to accept the conditions herein specified
 * Qflf·;:°Q.?;:';;P;{ by s resolution of its hoard of directors, oertiiied to and tiled with the

tm, act, Sm.,,,,, Secretary of the Interior, or shall fail within one year hom the filing of y of Iuterior to os. the acceptance of its charter to me its map of detlnite location in ac- ¤l¤¤*¤‘*8!1*¤°*'¤¤¤· eordanoe with this act with the Secretary of the Interior, or shall nail to P'"' "°‘°‘. construct its road within the time and as hereinhefore provided, then all the rights of said company under this not shall thereupon cease und · determine, and the Secretary of the Interior shall so declare; and there- · upon the Secretary of the Interior shall give a consent in writing to the 2¤di••s¤»_ T•-at Chicago, Texas and Mexican Central Railway Company, a corporation “_y“°“‘“”cnmPnr N duly organized under the laws of the State of Texas, which shall suc- ,,,,,,,; t,, mgm,. oecd to all the rights, privileges, immunities, duties, and obligations eu., enum at on hereby conferred by this act upon the Saint Louis and Sam Francisco ¤¤¤¤1»!!:E with Bnrhmy Company, to the same extent as if said successor had been the t°'“*-  Bret herein named, upon filing with the Secretary of the Interior its acceptance of the provisions of this act within ninety days from the date of the expiration of the period herein granted to the Saint Louis and San Francisco Railway Company and upon filing bond as prescriber! in the ninth section of this act to comply with the provision of this oct, and upon filing with the Secretary of the Interior within twelve months its map of definite location in accordance with this act, and within twelve months thereotter completing said road. And in the event of the failure of the Chicago, Texas and Mexican Central Railway Company to file its acceptance of the provisions of this oct within Fnnchm Mn the timeherembefore specified, and thereafter to file its map of dennite is qquypqqy E", location in accordance with the provisions of this act and to complete ¤\»¢:lxnt_¤;g up- said mud within the time herein granted then the privileges herein sg; 0**2 U;:::'; granted to sand Stunt Louis and Sun Francisco Railway Company shall Swan, whm apply to any other incorporated complany that shall have first obtained pm;,.,,, the approval of the President of the nited States: Provided, That tho sand successor shall thereafter have the same time to perform in all respects the several acts mul things herem enjoined to be done as is by this act given to the original grantee including the definite location in ucoordnnce with this act and the filing of bond as herein required: And promdcd further, llmt any mikoml company enjoying the rights cou-