Chapter CLVIII. to extend the Time for the Reversion to the United States of the Lands granted by Congress to aid in the Construction of a Railroad from Amboy, by Hillsdale and Lansing, to some Point on or near Traverse Bay, in the State of Michigan, and for the Completion of said Road
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CHAP. CLVIII.— An Act to extend the Time for the Reversion to the United States of the Lands granted by Congress to aid in the Construction of a Railroad from Amboy, by Hillsdale and Lansing, to some Point on or near Traverse Bay, in the State of Michigan, and for the Completion of said Road.July 3, 1866. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the time limited by the fourth section of an act entitled “An act making a grant of alternateAct of 1856, ch. 44, § 4.Vol. xi p. 22, revived and extended for seven years. sections of the public lands to the State of Michigan, to aid in the construction of certain railroads in said State, and for other purposes,” approved June three, eighteen hundred and fifty-six, for the completion of the railroad from Amboy, by Hillsdale and Lansing, to some point on or near Traverse bay, shall be, and hereby is, revived and extended for the period of seven years, from and after the third day of June, one thousand eight hundred and sixty-six; and that said grants shall continue and remain inGrants to be in full force, provided, &c. full force and effect for and during that period, as if it had been so provided in said fourth section of said act of June three, eighteen hundred and fifty-six: *Provided,* That the Amboy, Lansing, and Traverse BayThe Amboy, &c., Railroad to forfeit the grant, unless, &c.
Railroad Company, a corporation organized under the laws of the State of Michigan, shall forfeit all right to said grant, or any part thereof which it may now have, or which may hereafter be conferred upon it, by the legislature of the State of Michigan, if and whenever the said company shall fail, in whole or in part fully and completely to perform any of the following conditions, that is to say: First, to clear, grub, and grade twentyTwenty miles of road-bed to be completed by Feb. 1, 1867.
See *Post*, p. 425.Road to be finished for trains to, &c., by Nov. 1, 1867.Twenty other miles to be completed each year. consecutive miles of the road-bed of said road between Owasso and Saginaw City, so that the same shall be in readiness for the ties and iron by the first day of February, eighteen hundred and sixty-seven; Second, to fully complete said road from Owasso to Saginaw City, so that the same shall be in readiness for the running of trains by the first day of November, eighteen hundred and sixty-seven;
Third, to fully complete in like manner twenty miles of said road in each and every year after the said first day of November, eighteen hundred and sixty-seven, and to fully complete the entire road by the time limited by this act: *And provided further,* That in case of failure of said Amboy, Lansing, and Traverse Bay Railroad Company to perform any of the above conditions by the respectiveIf conditions are not performed, the State of Michigan may confer the grant upon some other railroad corporation. times limited therefor, the legislature of the State of Michigan may at its first session after any such failure, confer the said grant upon some other railroad corporation, or corporations, upon such terms and conditions as the legislature may see fit, to carry out the purposes of the said act of June three, eighteen hundred and fifty-six, and when so conferred, such corporation or corporations shall be entitled to have and enjoy all of the said grant, which shall not then have been lawfully disposed of, to the same extent, and in the same manner and for the same purposes, as if the same had been originally conferred upon such corporation or corporations.
And any such railroad corporation or corporations, whether now organized or hereafter to be organized, upon which said grant may be so conferredSuch grant not to affect any previous grant.Limit to amount of land to be received. in whole or in part, may receive the same without prejudice to any land grant, or other rights or franchises previously acquired. But in no case shall such corporation or corporations be entitled to receive more than ten sections of land to the mile, for that portion of said road which may be consolidated in accordance with the provisions of this act: *And, provided, further,* That if the legislature shall, in any suchControl of legislature over the lands. case of failure, so confer said grant, as above provided, then the said lands, or so much thereof as shall then remain not lawfully disposed of, shall be subject to the disposal and future control of said legislature, as provided in section three of said act of June three, eighteen hundred and fifty-six, until the expiration of the time limited by this act.
But in caseIf legislature does not confer the grant, lands to revert to the United States. the said legislature shall in such case fail to so confer said grant, then the said lands shall revert to the United States. Sec. 2. *And be it further enacted,* That the Flint and Pere Marquette79THIRTY-NINTH CONGRESS. Sess. I. Ch. 158, 159. 1866. Railroad Company may change the western terminus of its road to someFlint, &c., railroad company may change its western terminus. point on Lake Michigan, at or south of Grand Traverse Bay; and any railroad corporations, having a right to the respective land grants specified in the said act of June three, eighteen hundred and fifty-six, located in the lower peninsula of the State of Michigan, may unite and contractRailroads with land grants may construct a single line of road for any part of their routes. with each other, or with any other railroad corporation or corporations, for the construction and operation of a single line of road for any portion of their routes, without prejudice to any land grants, or other rights or franchises previously acquired.
And any and all such corporations are hereby authorized to change the location of their lines of road, so far as may be necessary, for the purpose of such consolidation, but not so as toLocations may be changed for purpose of consolidation. change their respective termini otherwise than is authorized by this act. And whenever any change of terminus or location of line is made, as provided for in this act, the corporation or corporations making such change, shall file in the General Land Office new maps definitely showingMaps of change to be filed in land office.Route, &c., of Amboy, &c., railroad.Principal depot. such change and the new line of road adopted: *Provided,* That the road mentioned in the first section of this act shall run on the west side of Saginaw river, and that the principal depot shall be located in the northern portion of the plat of Saginaw City, so as best to accommodate the cities of Saginaw and East Saginaw.
Sec. 3. *And be it further enacted,* That the lands granted by the saidLands granted in aid of the Amboy, &c., road, how to be disposed of.When ten miles are completed, &c. act of June three, eighteen hundred and fifty-six, to aid in the construction of the railroad described in the first section of this act, shall be disposed of only in the following manner, that is to say: when the Governor of the State of Michigan shall certify to the Secretary of the Interior that ten or more consecutive miles of said road have been completed in a good and substantial manner, as a first-class railroad, stating definitely the commencement and termination of each completed portion of said road and the corporation or corporations so entitled to lands on account thereof, the Secretary of the Interior shall cause patents for lands for such completed portion of said road to be issued to said corporation or corporations: *Provided,* That none of said lands shall be acquired or so patentedProviso. for any portion of said road so completed south of the intersection of said road with the Detroit and Milwaukee railway, until the whole of said road north of said intersection shall have been completed and the lands therefor patented as aforesaid; *And provided further,* That the roadRoad to be a public highway, and free to the United States. mentioned in the first section of this act shall be and remain a public highway for the use of the government of the United States, and shall transport, free from toll or other charges, all property, troops, and munitions of war belonging to the same.
Sec. 4. *And be it further enacted,* That all laws and parts of laws inconsistentRepealing clause. with the provisions of this act are hereby repealed. Approved, July 3, 1866.