If any of granted lands have been sold, or reserved, &c. other lands may be selected in lieu thereof. at the time the line of said road is designated by a plat thereof, filed in the office of the commissioner of the general land office; and whenever, prior to said time, any of said sections or parts of sections shall have been granted, sold, reserved, occupied by homestead settlers, or pre-empted, or otherwise disposed of, other lands shall be selected by said company in lieu thereof, under the direction of the Secretary of the Interior, in alternate sections, and designated by odd numbers, not more than ten miles beyond the limits of said alternate sections, and not including the reserved numbers: Provided, That if said route shall be found upon the If route is line of any other railroad route, to aid in the construction of which lands found to be upon have been heretofore granted by the United States, as far as the routes other road to are upon the same general line, the amount of land heretofore granted which lands shall be deducted from the amount granted by this act: Provided further, ed, amount of have been grantThat the railroad company receiving the previous grant of land may assign their interest to said "Atlantic and Pacific Railroad Company," or may consolidate, confederate, and associate with said company upon the the line of any former grant to be deducted. Road having previous grant may assign to, or unite with, this company. Mineral lands excluded from operation of this act. The word 66 mineral" not to include "iron Upon report of terms named in the first and seventeenth sections of this act: Provided further, That all mineral lands be, and the same are hereby, excluded from the operations of this act, and in lieu thereof a like quantity of unoccupied and unappropriated agricultural lands in odd-numbered sections nearest to the line of said road, and within twenty miles thereof, may be selected as above provided: And provided further, That the word "mineral," when it occurs in this act, shall not be held to include iron or coal: And provided further, That no money shall be drawn from the treasury or coal." of the United States to aid in the construction of the said "Atlantic and No money to be drawn from Pacific Railroad." treasury to aid SEC. 4. And be it further enacted, That whenever said Atlantic and in construction Pacific Railroad Company shall have twenty-five consecutive miles of any of this road. portion of said railroad and telegraph line ready for the service contem- commissioners plated, the President of the United States shall appoint three commis- under oath that sioners to examine the same, who shall be paid a reasonable compensation secutive miles twenty-five confor their services by the company, to be determined by the Secretary of are completed, the Interior; and if it shall appear that twenty-five consecutive miles of patents for cotersaid road and telegraph line have been completed in a good, substantial issue to comand workmanlike manner, as in all other respects required by this act, pany; the commissioners shall so report under oath, to the President of the United States, and patents of lands, as aforesaid, shall be issued to said company, confirming to said company the right and title to said lands situated opposite to and coterminous with said completed section of said road. And and so as to from time to time, whenever twenty-five additional consecutive miles shall any other twenty-five conhave been constructed, completed, and in readiness as aforesaid, and veri- secutive miles. fied by said commissioners to the President of the United States, then patents shall be issued to said company conveying the additional sections of land as aforesaid, and so on as fast as every twenty-five miles of said road is completed as aforesaid. minous lands to Railroad how to be constructed. Rails. SEC. 5. And be it further enacted, That said Atlantic and Pacific Railroad shall be constructed in a substantial and workmanlike manner, with all the necessary draws, culverts, bridges, viaducts, crossings, turn-outs, stations, and watering-places, and all other appurtenances, including furniture and rolling stock, equal in all respects to railroads of the first class when prepared for business, with rails of the best quality, manufactured from American iron. And a uniform gauge shall be established through- Gauge. out the entire length of the road. And there shall be constructed a tele-, Telegraph graph line, of the most substantial and approved description, to be operated along the entire line: Provided, That the said company shall not charge the government higher rates than they do individuals for like transportation and telegraphic service. And it shall be the duty of the Atlantic and Pacific Railroad Company to permit any other railroad which roads may form shall be authorized to be built by the United States, or by the legislature nections with it line. Rates for service. Other rail running con Lands on both sides of line of route of railroad. Odd sections not liable to sale, or entry or preemption. Provisions of pre-emption and homestead acts extended to lands on line of road. 1841, ch. 16, 10. Vol. v. p. 455. 1862, ch. 75. Vol. xii. p. 392. Company may take any land necessary for working of road. Width. tions, &c. Trees. of any Territory or State in which the same may be situated, to form running connections with it, on fair and equitable terms. SEC. 6. And be it further enacted, That the President of the United States shall cause the lands to be surveyed for forty miles in width on both sides of the entire line of said road after the general route shall be fixed, and as fast as may be required by the construction of said railroad; and the odd sections of land hereby granted shall not be liable to sale or entry, or pre-emption, before or after they are surveyed, except by said company, as provided in this act; but the provisions of the act of September, eighteen hundred and forty-one, granting pre-emption rights, and the acts amendatory thereof, and of the act entitled "An act to secure homesteads to actual settlers on the public domain," approved May twenty, eighteen hundred and sixty-two, shall be, and the same are hereby, extended to all other lands on the line of said road when surveyed, excepting those hereby granted to said company. SEC. 7. And be it further enacted, That the said Atlantic and Pacific Railroad Company be, and is hereby, authorized and empowered to enter upon, purchase, take, and hold any lands or premises that may be necesSary and proper for the construction and working of said road, not exceeding in width one hundred feet on each side of the line of its railroad, unless a greater width be required for the purpose of excavation or emLands for sta- bankment; and also any lands or premises that may be necessary and proper for turn-outs, standing places for cars, depots, station-houses, or any other structures required in the construction and working of said road. And the said company shall have the right to cut and remove trees and other material that might, by falling, encumber its road-bed, though standing or being more than two hundred feet from the line of said road. And Damages, how in case the owner of such lands or premises and the said company cannot agree as to the value of the premises taken, or to be taken, for the use of said road, the value thereof shall be determined by the appraisal of three disinterested commissioners, who may be appointed upon application by either party to any court of record in any of the Territories in which the lands or premises to be taken lie; and said commissioners, in their assessment of damages, shall appraise such premises at what would have been the value thereof if the road had not been built. And upon return into are to be deemed court of such appraisement, and upon the payment into the same of the to be determined. When lands taken by the company. Appeal to a jury. Appellant to give bonds. Costs. estimated value of the premises taken for the use and benefit of the owner thereof, said premises shall be deemed to be taken by said company, which shall thereby acquire full title to the same for the purposes aforesaid. And either party feeling aggrieved at said appraisement may, within thirty days after the same has been returned into court, file an appeal therefrom, and demand a jury of twelve men to estimate the damage sustained; but such appeal shall not interfere with the rights of said company to enter upon the premises taken, or to do any act necessary and proper in the construction of its road. And said party appealing shall give bonds, with sufficient surety or sureties, for the payment of any cost that may arise upon such appeal; and in case the party appealing does not obtain a verdict more favorable, such party shall pay the whole cost inPayment into curred by the appellee, as well as his own, and the payment into court, for the use of the owner of said premises taken, at a sum equal to that finally awarded, shall be held to vest in said company the title of said land, and the right to use and occupy the same for the construction, maintenance, and operation of said road. And in case any of the lands to be taken as aforesaid shall be held by an infant, femme covert, non compos, insane person, or persons residing without the Territory within which the lands to be taken lie, or persons subjected to any legal disability, the court may appoint a guardian, for any party under any disqualification, to appear in proper person, who shall give bonds, with sufficient surety or sureties, for the proper and faithful execution of his trust, and who may court of a sum equal to final award to vest title of land in company. Proceedings where lands taken are held by persons under disability. represent in court the person disqualified, as aforesaid, from appearing, when the same proceedings shall be had in reference to the appraisement of the premises to be taken for the use of said company, and with the same effect as has been already described; and the title of the company to the lands taken by virtue of this act shall not be affected or impaired by reason of any failure by any guardian to discharge faithfully his trust. Proceedings And in case any party shall have a right or claim to any land for a term where the inof years, or any interest therein, in possession, reversion, or remainder, terest in the land is for a term of the value of any such estate, less than a fee simple, shall be estimated years, &c.; and determined in the manner hereinbefore set forth. And in case it where lands are unoccupied shall be necessary for the company to enter upon any lands which are un- and without apoccupied, and of which there is no apparent owner or claimant, it may parent owner. proceed to take and use the same for the purposes of said railroad, and may institute proceedings, in manner described, for the purpose of ascertaining the value of, and of acquiring a title to, the same; but the judge of the court hearing said suit shall determine the kinds of notice to be served on such owner or owners, and he may in his discretion appoint an agent or guardian to represent such owner or owners in case of his or their incapacity or non-appearance. But in case no claimant shall appear within six years from the time of the opening of said road across any land, all claims to damages against said company shall be barred. &c. SEC. 8. And be it further enacted, That each and every grant, right, Rights and and privilege herein are so made and given to and accepted by said At- privileges of this act are granted lantic and Pacific Railroad Company, upon and subject to the following and accepted, conditions, namely: That the said company shall commence the work on upon conditions, said road within two years from the approval of this act by the President, Work, when and shall complete not less than fifty miles per year after the second year, to be comand shall construct, equip, furnish, and complete the main line of the menced and when completed. whole road by the fourth day of July, anno Domini eighteen hundred and seventy-eight. If conditions continue so one SEC. 9. And be it further enacted, That the United States make the several conditional grants herein, and that the said Atlantic and Pacific are broken and Railroad Company accept the same, upon the further condition that if the year, the United said company make any breach of the conditions hereof, and allow the States may comsame to continue for upwards of one year, then, in such case, at any time plete the road. hereafter, the United States may do any and all acts and things which may be needful and necessary to insure a speedy completion of the said road. Railroad to be SEC. 10. And be it further enacted, That all people of the United Who may subStates shall have the right to subscribe to the stock of the Atlantic and scribe to stock. Pacific Railroad Company until the whole capital named in this act of incorporation is taken up by complying with the terms of subscription. SEC. 11. And be it further enacted, That said Atlantic and Pacific Railroad, or any part thereof, shall be a post route and military road, sub- a post route and ject to the use of the United States for postal, military, naval, and all other government service, and also subject to such regulations as Congress may impose restricting the charges for such government transportation. military road. Charges for government transportation. Acceptance of SEC. 12. And be it further enacted, That the acceptance of the terms, conditions, and impositions of this act by the said Atlantic and Pacific these conditions by company to Railroad Company shall be signified in writing under the corporate seal be in writing, of said company, duly executed pursuant to the direction of its board of and within two directors first had and obtained, which acceptance shall be made within years. two years after the passage of this act, and not afterwards, and shall be deposited in the office of the Secretary of the Interior. SEC. 13. And be it further enacted, That the directors of said company shall make and publish an annual report of their proceedings and expenditures, verified by the affidavits of the president and at least six of the directors, a copy of which shall be deposited in the office of said Secre Annual report Rates of fare, tolls, &c. President and vice-president. secretary. Bonds. tary of the Interior, and they shall, from time to time, fix, determine, and regulate the fares, tolls, and charges to be received and paid for transportation of persons and property on said road, or any part thereof. SEC. 14. And be it further enacted, That the directors chosen in parsuance of the first section of this act shall, so soon as may be after their election, elect from their own number a president and vice-president; and said board of directors shall, from time to time, and so soon as may be Treasurer and after their election, choose a treasurer and secretary, who shall hold their offices at the will and pleasure of the board of directors. The treasurer and secretary shall give such bonds, with such security as the said board from time to time may require. The secretary shall, before entering upon his duty, be sworn to the faithful discharge thereof, and said oath shall Who may not be made a matter of record upon the books of said corporation. No person shall be a director of said company unless he shall be a stockholder, and qualified to vote for directors at the election at which he shall be chosen. Secretary to be sworn. be a director. Term of office of president, vice-president, and directors. If directors are not elected on day appointed by by-laws. Powers of directors. Quorum. By-laws. Vacancies. Engineers, agents, &c. Ten per cent of subscriptions to be paid in cash. Balance, when to be paid. Notice when payments are due. SEC. 15. And be it further enacted, That the president, vice-president, and directors shall hold their offices for the period indicated in the bylaws of said company, not exceeding three years, respectively, and until others are chosen in their place, and qualified. In case it shall so happen that an election of directors shall not be made on any day appointed by the by-laws of said company, the corporation shall not for that excuse be deemed to be dissolved, but such election may be holden on any day which shall be appointed by the directors. The directors, of whom seven, including the president, shall be a quorum for the transaction of business, shall have full power to make and prescribe such by-laws, rules, and regulations as they shall deem needful and proper touching the disposition and management of the stock, property, estate, and effects of the company, the transfer of shares, the duties and conduct of their officers and servants touching the election and meeting of the directors, and all matters whatsoever which may appertain to the concerns of said company; and the said board of directors may have full power to fill any vacancy or vacancies that may occur from any cause or causes from time to time in their said board. And the said board of directors shall have power to appoint such engineers, agents, and subordinates as may from time to time be necessary to carry into effect the object of the company, and to do all acts and things touching the location and construction of said road. SEC. 16. And be it further enacted, That it shall be lawful for the directors of said company to require payment of the sum of ten per centum cash assessment upon all subscriptions received of all subscribers, and the balance thereof at such times and in such proportions and on such conditions as they shall deem to be necessary to complete the said road and telegraph lines within the time in this act prescribed. Sixty days' previous notice shall be given of the payments required, and of the time and place of payment, by publishing a notice once a week in one daily newspaper in each of the cities of Boston, New York, Cincinnati, Saint Louis, MemIf stockholders phis, and Nashville, and in case any stockholder shall neglect or refuse to neglect to pay, pay, in pursuance of such notice, the stock held by such person shall be stock and preforfeited absolutely to the use of the company, and also any payment or vious payments forfeited. payments that shall have been made on account thereof, subject to the condition that the board of directors may allow the redemption on such terms as they may prescribe. Redemption. Company may accept and hold any grant, loan, aid, &c. SEC. 17. And be it further enacted, That the said company is authorized to accept to its own use any grant, donation, loan, power, franchise, aid, or assistance which may be granted to or conferred on said company by the Congress of the United States, by the legislature of any State, or by any corporation, person, or persons, or by any Indian tribe or nation through whose reservation the road herein provided for may pass; and said corporation is authorized to hold and enjoy any such grant, donation, loan, power, franchise, aid, or assistance, to its own use, for the purpose aforesaid: Provided, That any such grant or donation, power, aid, or assistance from any Indian tribe or nation shall be subject to the approval of the President of the United States. Grant from tribe to be subject to the approval of the President of the United States. any Indian Southern Pacific R R. Co. may connect SEC. 18. And be it further enacted, That the Southern Pacific Railroad, a company incorporated under the laws of the State of California, is hereby authorized to connect with the said Atlantic and Pacific Railroad, formed under this act, at such point, near the boundary line of the State with the Atlantic of California, as they shall deem most suitable for a railroad line to San and Pacific road. Point of conFrancisco, and shall have a uniform gauge and rate of freight or fare with said road; and in consideration thereof, to aid in its construction, shall have similar grants of land, subject to all the conditions and limitations herein provided, and shall be required to construct its road on the like regulations, as to time and manner, with the Atlantic and Pacific Railroad herein provided for. nection. Gauge and rates of fare. May have similar grants of land on like terms. SEC. 19. And be it further enacted, That unless the said Atlantic and void, unless, &c. Pacific Railroad Company shall obtain bona fide subscriptions to the stock of said company to the amount of one million of dollars, with ten per centum paid, within two years after the passage of and approval of this act, it shall be null and void. same pealed. SEC. 20. And be it further enacted, That the better to accomplish the Act may be object of this act, namely, to promote the public interest and welfare by altered or rethe construction of said railroad and telegraph line, and keeping the in working order, and to secure to the government at all times, but particularly in time of war, the use and benefits of the same for postal, military, and other purposes, Congress may, at any time, having due regard for the rights of said Atlantic and Pacific Railroad Company, add to, alter, amend, or repeal this act. When in grants to corporations, the United States reserves the right to appoint SEC. 21. And be it further enacted, That whenever in any grant of land or other subsidies, made or hereafter to be made, to railroads or other corporations, the United States has reserved the right, or shall reserve it, to appoint directors, engineers, commissioners or other agents to examine said roads, or act in conjunction with other officers of said com- directors, or pany or companies, all the costs, charges, and pay of said directors, engi- agents, &c. all neers, commissioners, or agents, shall be paid by the respective companies. of such persons costs, pay, &c. Said directors, engineers, commissioners, or agents shall be paid for said are to be borne services the sum of ten dollars per day, for each and every day actually by the corpoand necessarily employed, and ten cents per mile for each and every mile Rate of pay to actually and necessarily travelled, in discharging the duties required of such persons. them, which per diem and mileage shall be in full compensation for said services. And in case any company shall refuse or neglect to make such payments, no more patents for lands or other subsidies shall be issued to said company until these requirements are complied with. APPROVED, July 27, 1866. CHAP. CCLXXIX. rations. If company neglects to make such payments, no more patents for lands, &c. to issue. An Act to incorporate the General Hospital of the District of July 27, 1866. tal of the District of Columbia incorporated. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Joseph Henry, James General HospiC. Hall, Amos Kendall, Thomas Miller, Richard Wallach, George W. Riggs, Grafton Tyler, Henry D. Cooke, D. W. Middleton, Charles Knap, Benjamin B. French, James C. McGuire, Charles H. Nichols, William B. Todd, William Gunton, Edward Simms, and Thomas Young, and their successors in office, are hereby made, declared, and constituted a corporation and body politic, in law and in fact, under the name and style of the Directors of the General Hospital of the District of Columbia, and by that powers of corponame they shall be, and are hereby, made capable in law to sue and be sued, to plead and be impleaded, in any court within the county of Wash Name and ration. |