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and Legislative Council of the Territory of Florida, approved the four-teenth of February, anno Domini eighteen hundred and thirty-five, be,and they hereby are, authorized to locate and construct a rail-road onthe following route, to wit: commencing on the St. John’s river andthence in the most convenient and suitable direction to Tallahassee orthe waters of St. Mark’s river or bay, on the Gulf of Mexico , or to anyother point east of or between the St. Mark’s and Appalachicola rivers,which may be selected by said company.
Sec. 2. And be it further enacted, That the said company is furtherauthorized, wherever said route shall pass over the public lands of theUnited States , to locate the same thereon, eighty feet wide; which saidlocation, if made according to the true intent and meaning of this act,shall be enjoyed by said company so long as they maintain the said roadfor the public accommodation.
Sec. 3. And be it further enacted, That the said company shall havethe right to take from the said public lands, timber, stone, and earth,whenever it may be convenient for the construction of any part of saidway running through the same; also to deposite and leave such mate-rials upon such lands, whenever it may be necessary; also, to cut drains,where necessary, through the same; and during the period of the con-struction of said way, to occupy said lands along said route, doing aslittle injury thereto as may be.
Sec. 4. And be it further enacted, That, to entitle the said companyto the enjoyment of the privileges herein provided for, they shall complywith the following conditions, to wit:
First, They shall cause the said route, whenever it passes over thepublic lands, to be surveyed, and the location of the way to be accu-rately delineated in their proper connexion, and a map thereof, and acopy of the locations, to be returned and deposited in the General LandOffice, within six months from the date of the final location of the saidroad.
Second, They shall cause permanent monuments to be erected alongsaid route, conforming to such locations and maps, defining the limitsof the way.
Third, Wherever the said rail-way shall intersect a highway ortravelled way on the public lands, that way or ways shall be left unob-structed.
Fourth, Wherever it shall cross a stream or low grounds, such pro-vision shall be made for draining off the water as to leave the said publiclands uninjured by said rail-way.
Fifth, They shall complete the said way within the time provided forin the act of incorporation.
Sixth, Said location of said way shall be considered and treated asopen way, and be kept up as such, and the lands abutting thereon shallbe considered as abutting upon a public way.
Sec. 5. And be it further enacted, That the sections and quartersections of public lands over which the said road may pass, shall bereserved by the United States for two years after the final location ofthe said way ; and to this end the said company shall, as soon as theyhave resolved to survey or examine any route, give notice to the registerof the land district in which the lands may be over which they intendto pass; and when the final location is made, a further notice of thatfact shall be given, in like manner, of the lands over which it actuallypasses, which said last mentioned lands shall be reserved as aforesaidfrom sale : Provided, That neither the said company nor any otherperson shall be authorized to settle on the said reserved sections orquarter sections; and no person so settling shall acquire thereby a pre-emptive right or claim to the said reserved lands, or to any part thereof;
Vol. V.—19 N
to locate andconstruct a rail-road, com-mencing on theSt. John’sriver, &c.
May pass overthe publiclands.
Timber, &c.,may be used.
Conditions tobe compliedwith by saidcompany.
Notice to begiven by thecompany ofroutes to be sur-veyed, &c.
Proviso.