Page:United States Statutes at Large Volume 30.djvu/451

412 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 299. 1898. —1·*=¤¤l*¥- posted at each station where toll is demanded or collected. And any person, corporation, or company collecting or attempting to collect toll without such written authority from the Secretary of the Interior, or failing to keep the same posted as herein required, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined for each offense not less than fifty dollars nor more than five hundred dollars, and in default of payment of such fine and costs of prosecution shall be imprisoned in jail not exceeding ninety days, or until such fine and costs of prosecution shall have been paid. Priority, to 9ppli· That any person, corporation, or company qualified to construct a °““’°’"gh°°"""‘ wagon road or tramway under the provisions of this Act that may heretofore have constructed not less than one mile of road, at a cost of not less than five hundred dollars per mile, or one·half mile of tramway at a cost of not less than five hundred dollars; shall have the prior right to apply for such right of way and for lands at stations and ter— minals and to obtain the same pursuant to the provisions of this Act over and along the line hitherto constructed or actually being improved romana for mm- by the applicant, including wharves connected therewith. That if any °°‘“l’*°""“· party to whom license has been granted to construct such wagon road or tramway shall, for the period of one year, fail, neglect, or refuse to complete the same, the rights herein granted shall he forfeited as to any such uncompleted section of said wagon road or tramway, and thereupon shall revert to the United States without further action or declaration, the notation of such uncompleted section upon the records of the land office shall be canceled, and the reservations of such lands for the purposes of said right of way shall cease and become null and void b3§g££tg:u~M¤ i¤ gvithiout fgfglier gctioxrf And suggcreiad orftgamyvay shall not be ' ep in g con ition or use, e re ary o· e nterior may pro» hibit the collection of toll thereon pending the making of necessary repairs. R<>·=·>r·ii¤z ·>f ¤¤<>¤· That all mortgages executed by any company acquiring a right of g°‘g°°' way under this Act, upon any portion of its road that may be constructed in said District of Alaska, shall be recorded with the Secretary of the Interior, and the record thereof shall be notice of their execution, and shall be a lien upon all the rights and property of said company as therein expressed, and such mortgage shall also be recorded in the office of the secretary of the District of Alaska and in the office of the secretary of the State or Territory wherein such company is organized: M¤¤¤¤¤i¢¤` “<*¤¤· Provided, That all lawful claims of laborers, contractors,subcontractors, or material men, for labor performed or material furnished in the construction of the railroad, tramway, or wagon road shall be a first lien thereon and take precedence of any mortgage or other lien. G_<·~·¤m¤¤¤¤¤ mer- Sec. 7. That this act shall not apply to any lands within the limits `"“"°“"‘ of any military, park, Indian, or other reservation unless such right of way shall be provided for by Act of Congress. A¤¤¤¤·l¤¤···¤*· Sec. 8. That Congress hereby reserves the right at any time to alter, _jr;¤¤sr¤·»~»r·—¤gn¤ of amend, or repeal this Act or any part thereof'; and the rightof way “"" herein and hereby authorized shall not be assigned or transferred in any form whatever prior to the construction and completion of at least one-fourth of the proposed mileage of such railroad, wagon road, or tramway, as indicated by the map of definite location, except by mortgages or other liens that may be given or secured thereon to aid in the {§`lf,'jp;j$mt,,ph,)r,')_ construction thereof : I’·r0z·idcd, That where within ninety days after in srm·sy,erc. the approval of this Act, proof is made to the satisfaction of the Secre— tary of the Interior that actual surveys, evidenced by designated monuments, were made, and the line of a railroad, wagon road or tramway located thereby, or that actual construction was commenced on the line of any railroad, wagon road or tramway, prior to January twentyhrst, eighteen hundred and ninety-eight, the rights to inure hereunder shall, if the terms of this Act are complied with as to such railroad, wagon road or tramway, relate back to the date when such survey or construction was commenced; and in all conflicts relative to the right of way or other privilege of this Act the person, company or corporation having