Page:United States Statutes at Large Volume 14.djvu/241

THIRTY—NINTH CONGRESS. Sess. I. Ch. 212. 1866. 2}] of the United States, may, after due proof of settlement, improvement, P*‘°·°mR*i°¤ cultivation, and occupation, as now provided by law, purchase the same, La"' at the increased minimum price aforesaid: And provided also, That set- Semen tlers on any of said reserved sections, under the provisions of the home- under homestead law, who improve, occupy, and cultivate the same for a period of $*6*}*1 laws Wh°¤ five years, and comply with the several conditions and requirements of ggiig; said act, shall be entitled to patents for an amount not exceeding eighty acres each. acres each, anything in this act to the contrary notwithstanding. Sec. 3. And be it jim/zcr enacted, That the grant of the lands hereby Conditions n• made is upon condition that said company, after the construction of its €"*“”· road, shall keep it in repair and use, and shall at all times be in readiness to transport troops, munitions of war, supplies and public stores upon its roads for the government when required to do so by any department thereof, the government at all times having the preference in the use of the road for all the purposes aforesaid at fair and reasonable rates of compensation, not exceeding that paid by private individuals or the average paid for like services on other roads. And the lands hereby granted, held, and _ Lands how to reserved as aforesaid shall inure to the benefit of said company, as fol- L‘;‘;‘;;;°0,E}l;° lows: When the governor of the State of Kansas shall certify that any company, section of ten consecutive miles of said road is completed in a good, substantial, and workmanlike manner as a first-class railroad, then the said Secretary of the Interior shall issue to the said company patents for so many sections of the land hereinbefore granted as lie opposite to and coterminous with the said completed sections. And when certificates of the governor, aforesaid, shall be presented to said Secretary, of the completion, as aforesaid, of each successive section of ten consecutive miles of said road, the said Secretary shall in like manner issue to said company patents for the said sections of said land as aforesaid for each of said Ifroad dossnot sections of road until said road shall be completed: Provided, That if :gg*g°*§f‘;_’;:d said railroad company or its assigns shall fail to complete at least one each ;,,,,,.,tf,c section of said road each year from the date of its acceptance of the rightto thelgwdv grant provided for in this act, then its right to the lands for said sec- g’};;‘,!g5;ft'°“ tion so failing of completion shall revert to the government of the It road is not United States: Provided further, That if said road is not completed °°mPli*°dd*¤ mn within ten years from the date of the acceptance of the grant herein- gzigztegntosrzly léetbre made, the lands remaining unpatented shall revert to the United sé¤:rt;;otheUiiited taies. ° " Sec. 4. And be it further enacted, That as soon as the said company when maps of shall file with the Secretary of the Interior maps of its lines, designating route of road are the route thereoi it shall be the duty of the said Secretary to withdraw *l$;°;kl°“‘}° }° *’° from the market the lands granted by this act, in such manner as may be glrkgwu mm best calculated to effect the purposes of this act and subserve the public interest. Sec. 5. And be it further enacted, That the United States mail shall _1\Isiitobeo:u·- be transported on said road and its extension, under the direction of the aft'; ;l":,;;’;"l· Post Office Department, at such price as Congress may by law provide: price, Provided, That until such price is fixed by law the Postmaster-General shall have power to fix the compensation. Sec. 6. And be it further enacted, That the right of way through the Right of way public lands be, and the same is hereby, granted to said Saint Joseph and gafggg ;‘;;l;_° Denver City Railroad Company, its successors and assigns, for the con- p,_,,y_ struction of a railroad as proposed; and the right is hereby given to said Mmmls {_,, corporation to take from the public lands adjacent to the line of said road construction of material for the construction thereotl Said way is granted to said rail- ’°“· road to the extent of one hundred feet in width on each side of said Extent of road where it may pass through the public domain; also all necessary €"’gf(;uudS for ground for station buildings, workshops, depots, machine-shops, switches, ghgpg, gm, side-tracks, turn-tables, and water-stations. Sec. 7. And be it further enacted, That the acceptance of the terms,