by at least two hundred of the tax-paying electors of such city, requesting that such city may aid in the construction of such railroad, and specifying therein the amount proposed to be raised, the time of payment of the sums, and the rate of interest, not exceeding ten per centum per annum, to call a meeting or meetings of the tax-paying electors of such city, by notice, either written or printed, or partly written and partly printed, at such place in said city, and at such time or times as shall be designated in such notice, not less than twenty, nor more than twenty-five days from the date of such notice, which notice shall recite the substance of such request; such notice shall be given within five days after the presentation of such request, by posting copies thereof in at least six public places in such city, at least fifteen days before the day specified therein for such meetings, and by publishing the same in at least two newspapers published in such city, in each issue of such newspaper, previous to the day of such meetings; such request and notice shall be recorded in the record book of such city, and also proof by affidavit of the posting and publication of such notice by the recorder of such city: Provided, That such city shall not, under the provisions of this act, hold more than two meetings in any one year. SEC. 3. At any such meeting or meetings, the taxpaying electors shall vote upon the propositions contained in such notice, by ballot; such propositions shall be presented to such meeting or meetings in the form of a resolution or resolutions, and those who favor the passage of such resolution or resolutions, shall deposit a ballot upon which shall be written or printed, or partly written and partly printed, the words, "Aid to railroad -Yes," and those who oppose the passage of the resolution or resolutions shall deposit a ballot upon which shall be written or printed, or partly written and partly printed, the words, "Aid to railroad-No." Any and all such meeting or meetings shall be governed in all respects by the laws pertaining to elections held in such city, so far as the same shall be applicable and not inconsistent with the provisions of this act, except that any meeting or meetings shall be held at one place, and not in the several wards of such city; and the mayor and recorder, and any two tax-paying electors of such city, to be chosen at such meeting or meetings, or a majority of them, shall constitute the board of inspectors of such election, in any such meeting or meetings in such city; and the proceedings of any such meeting or meetings, and the result thereof, shall be signed by such officers holding the same, and filed with the recorder of such city, and shall also be by him entered in the records of such city, and be certified by him, after such record, to be a true entry and record of such proceedings. No meeting of any board of registration shall be required to be held previous to any such meeting or meetings, and any registered tax-paying elector may vote at any such meeting or meetings. SEC. 4. In case a two-thirds majority of all the votes cast at any such meeting shall be in favor of the propositions contained in such notice, as set forth in such resolution or resolutions, it shall be the duty of the common council of such city to issue the bonds of such city to such company, and to deliver the same to the president of such company, on his written request, whenever and as fast as said company shall be entitled to the same according to the provisions of this act; such bonds shall be in such form and of such denominations as shall be required by such company, and either with or without coupon interest notes attached, and the same shall be a legal charge upon the taxable property of such city, in the same manner as any other legal indebtedness of such city. Such bonds shall be signed by the recorder, and be countersigned by the mayor of such city, and be sealed with the seal of such city, and the coupons attached to such bonds shall be signed by such recorder. The bonds and coupons attached shall be numbered and dated to correspond. SEC. 5. In case such city shall determine to pledge its credit to aid in the construction of such railroad, it shall be the duty of the supervisor, or other assessing officer or officers thereof, to assess and levy all the necessary taxes that may be required to meet and pay the interest and principal of any debt incurred under and by virtue of the provisions of this act, which shall be collected at the same time and in the same manner as other city taxes are collected. SEC. 6. No bonds or other evidence of indebtedness shall be issued and delivered, nor interest allowed thereon by such city to such company, as in this act provided, until such company shall have completed its road-bed and ironed its road with the usual T rail for at least ten continuous miles commencing at such city. SEC. 7. Such city may, at any time after the expiration of three years from the date of such vote, unless such railroad has been fully completed for the distance above specified, upon a notice as above specified, and by a majority of the electors present and voting, call a meeting of the electors, and reconsider the vote by which such aid had been voted. SEC. 8. The record of any of the proceedings required by this act, or a copy thereof, certified by the recorder of such city to be true copies, shall be prima facie evidence, in all courts and places, of the matters therein contained. SEC. 9. This act shall take immediate effect. LAND GRANTS. Federal and State Legislation Relating thereto. [Act of August 4, 1852-10 U. S. Statutes at Large, 28.] AN ACT to grant the Right of Way to all Rail and Plank Roads and Macadamized Turnpikes passing through the. Public Land belonging to the United States. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the right of way shall be, and is hereby granted to all rail and plank road, or macadamized turnpike companies that are now or may be chartered within ten years hereafter, over and through any of the public lands of the United States, over which any rail or plank or macadamized turnpikes are or may be authorized by an act of the legislature of the respective States in which public lands may be situated; and the said company or companies are hereby authorized to survey and mark through the said public lands, to be held by them for the track of said road, one hundred feet in width: Provided, That in case where deep excava ion or heavy embankment is required for the grade of such road, then at such places a greater width may be taken by such company, not exceeding in the whole two hundred feet. SEC. 2. And be it further enacted, That the said company or companies shall have the right to take from the public lands in the vicinity of said road or roads, all such materials of earth, stone, or wood, as may be necessary or convenient, from time to time, for the first construction of said road or roads, or any part thereof, through said land. SEC. 3. And be it further enacted, That there shall be, and is hereby granted to said company or companies, all necessary sites for watering places, depots, and workshops along the line of said road or roads, so far as the places convenient for the same may fall upon the public lands: Provided, That no one depot or watering place shall contain over one square acre, and that said sites shall not be nearer to each other than ten miles along the line or lines of said road or roads: Provided further, That the said grants herein contained, as well of the use of the public lands, as of the materials for the construction of said road or roads shall cease and determine, unless the road or roads be begun within ten years from and after the passage of this act, and completed within fifteen years thereafter: And provided, moreover, That if any roads, at any time after its completion, be discontinued or abandoned by said company or companies, the grants hereby made shall cease and determine, and said lands hereby granted, revert back to the general government: Provided further, That when a location for either of said railroads or plank roads, macadamized turnpikes, or sites for depots on the line of such road or roads shall be selected, the proper officers of such road or roads shall transmit to the Commissioner of the General Land Office a correct plat of the survey of said road or roads, together with the survey of sites for depots before such election shall become operative: Provided further, That none of the foregoing provisions of this act shall apply to, or authorize any rights in any lands of the United States other than such as are held for private entry and sale, and such as are unsurveyed and not held for public use by erection or improvements thereon. SEC. 4. And be it further enacted, That the right of way through the public lands of the United States lying in Black Rock, in the county of Erie and State of New York, be, and the same is hereby granted to the Lock |