Page:United States Statutes at Large Volume 13.djvu/396

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368 THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 217. 1864. of the commissioner of the general land-oflice; 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 preémpted, or otherwise disposed of, other lands shall be selected by said company in L°°d°l° H°“ lieu thereof under the direction of the Secretary of the Interior in al- §:c_th°°° we tprnate sectibns, and designated by odd numbers, not more than texi miles Prvviscm beyond the limits of said alternate sections : Provided, That if said route shall be found upon the line of any other railroad route to aid in the construction of which lands have been heretofore granted by the United States, as far as the routes are upon the same general line, the amount of land heretofore granted shall be deducted from the amount granted by this act: Provided, further, That the railroad company receiving the previous grant of land may assign their interest to said “Northern Pacinc Railroad Company," or may consolidate, confederate, and associate with ‘d th t d' th at ti t‘th's t: m_»gg;,;»;¤»¤- $€`}s3t"2zf’j`».‘13-'¢f2£’f"*rt,€ ,£i”$?..§.1‘i“ia¤Zi‘, brian`}? ¤F§°s.ZLJ§.6 és2E,, ` excluded from the operations of this act, and in lieu thereof a like quan— pity of unoccupied and unappropriated agricultural lands, in odd numered sections nearest to the line of said road 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, _j·imthe¢·, That n,o money shall be drawn from the treasury of the United States to aid in the construction of the said “Northern Pacific Railroad." _ Sec. 4. And be it further enacted, That whenever said “Northern C¤¤1¤”~i¤¤1¤¤¤f¤- Pacific Railroad Company " shall have twenty-five consecutive miles of any portion of said railroad and telegraph line ready for the service contemplated, me Presidenithof the Unipeg Stapppushall appgint three; ezmmissioners examine e same, an 1 it s appear t at twen y- ve consecutive miles of said road and telegraph line have been completed in a good, substantial, and workmanlike manner, as in all other respects required by this act, the commissioners shall so report to the President of Pmm thedUnited States, and patents of lands, as aforesaid, shall be issued to sai company, confirming to said company the right and title to said lands situgted opposite to, and cotcrminous with, said completed section of said roa ; and from time to time whenever twenty-five additional consecutiye milps, shall have been cdnstructcd, completed, and in readiness as a oresai and verified 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 Pxwims. twenty-tive miles of said road is completed as aforesaid : Provided, That not more than ten sections of land per mile, as said road shall be comp(l;tae<§,ys:;ll3 lg: gopyeyed :0 said coénpanyg fp; agt;l1atfp§§ of sagl rag-1 1 a o e wes ern oun ary o e te o nneso un the whole of said railroad shall be finished and in good running brder, as a first-class railroad, from the place of beginning on Lake Superior to the yvestern bpundpry pif Minnesota: Provided, also, That lands shall not e grante un er the provisions of this act on account of an rail- Rmmd to be road, or part thereof, constructed at the date of the passage of this hot. wmtmmd iu, Sino}; fnd be it further enacted, That said Northern Pacific Rail- &c. roa s e constructe in a substantial and workmanlike manner with all the necessary draws, culverts, bridges, viaducts, crossings, turinouts, stations, and watering places, and all other appurtenances, including furniture, and rolling stock,. equal ip all respects to raihoads of the first class, cmp yyhenlprepared for business, with rails of the best quality, manufactured · rom merican iron. And a uniform gauge shall be established through- T hun out the_entire length of the road. And there shall be constructed a tele- P °‘ graph hue, of the mostsubstantial and approved description, to be operated along the entire line: Provzded, That the said company shall not charge the government higher rates than they do individuals for like