482 FORTY-THIRD CONGRESS. Sess. H. OH. 151, 152, 1875. Breaking fences, Sm:. 3. That if any person or persons shall knowingly andunlawfuuy &°·· wd d’*Vi'—‘S break, open, or destroy any gate, fence, hedge, or wall iuclosing any lends fQ;g:* ff-°‘b°§ rg? of the United States, reserved or purchased as aforesaid, and shall drive served for imhlic any cattle, horses, or hogs upon the lands aforesaid for the purpose of use. destroying the grass or trees on the said grounds, or where they may destroy the said grass or trees, or if any such person or persons shall Permitting cu,. knowingly permit his or their cattle, horses, or hogs to enter through t1e,&c., to enter any of said inolosures upon the lands of the United States aforesaidy °h’°¤q“I*”°g°¤“’°° where the said cattle, horses, or hogs may or can destroy the grass or °f °"° ‘ ““ ”‘ trees or other property of the United States on the said land, every such person or persons so offending, on conviction, shall pay a. line not exceed- Punishment. ing five hundred dollars, or be imprisoned not exceeding twelve months: Proviso. Provided, That nothing in this act shall be construed to apply to unsurveyed public lands and to public lands subjects_ to preemption and homestead laws, or to public lands subject to an act to promote the development of the mining resources of the United States, approved May tenth, eighteen hundred and seventy-two. Approved, March 3, 1876. Much 3, 1375, CHAP. 152.-An not granting t%¥3;1!%?.d; tg6 1;§h$ of way through the public lands
o e n e tes.
Bc it enacted by the Senate and House of Repreaentativerof the United Right or way, States of America in Congress assembled, That the right of way through mv»wri¤~l¤» ¤¤=>·¤¤¤— the public lands of the United States is herebygranted to any railroad g tz; **;*3 fafig company duly organized under the laws of any State or Territory, except §,Q,d,,_ the District of Columbia, or by the Congress of the United States, which shall have filed with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road ; also the right to take, from the public lands adjacent to the line of said road, material earth, stone, and timber necessary for the construction of said railroad; also ground adjacent to such right of way for statiombnildings, depots, machine shops, side-tracks, turn-outs, and water-stations, not to exceed in amount twenty acres for each sta.- tion, to the extent of one station for each ten miles of its road. Rights or several Sec. 2. That any railroad company whose right of way, or whose ¤¤il¤>¤d¤ *·h¤>¤Kh track or r0ad~bed upon such right of way, passes through any canyon, E‘{;‘°“· P“““# °’ ‘I°` pass, or defile, shall not prevent any other railroad company from the ' use and occupancy of the said canyon, pass, or deiile, for the purposes 0¤‘<>¤¤i¤g¤¤¤¤¤¤¢>- of its road, in common with the road nrst located, or the crossing of other railroads at grade. And the location of such right of way through Wagon ro n i1 ¤, any canyon, pass, or denle shall not cause the disuse of any wagon or rights on other public highway now located therein, nor prevent the location through the same of any such wagon road or highway where such road or highway may be necessary for the public accommodation; and where any change in the location of uelx- wagon road is necessary to permit the passage of such railroad through any canyon, pass, or deiile, said railroad company shall before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road: Provided, That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile. Private lunds SEO. 3. That the legislature of the proper Territory may provide for
- 7**} I><>¤;¤ ¤¤ My the manner in which privatqlandsand possessory claims on the public
fljlgggh ‘“” °°“‘ lands of the United States may be condemned; and where such pwvision shall not have been made, such condemnation may be made in
- g”»<{;r%1°»¤- 3. accordance with section three of the act entitled “An act to aid in H10
"‘ ‘**""’ · construction ofa railroad and telegraph line from the Missouri River to the Pacino Ocean, and to secure to the Government the use of the
