payment of the said bonds so disposed of, and a clause of forfeiture to that effect shall be inserted in each bond. § 4. The said city shall issue said bonds from time to time, during the progress of the work on said railroad, in just proportion to the calls made by said company on its individual stockholders. § 5. Whenever it may be necessary, the City Council of said city may impose a special tax, sufficient to pay the interest on the bonds which may be issued as aforesaid; but said tax shall not exceed one fifth of one per cent. per annum on the assessed value of all taxable property in said city. The proceeds of such special tax, as well as dividends declared from the earnings of said railroad company, shall be set apart and faithfully applied by said city to the payment of the interest arising on said bonds, and the final redemption of the principal thereof, and shall not be appropriated for any other purpose. 3. 6. The special tax herein authorized shall cease to be levied so soon as, and whilst the dividends arising from said stock shall be sufficient to pay the interest on the said bonds, and any amount of dividends over and above the amount of said interest, shall be set apart by the said City Council as a sinking fund for the final redemption of said bonds. § 7. The said city is further authorized to sell its stock in said company, or any part thereof, and with the proceeds provide for the redemption of said bonds, or any part of the same; or, to exchange its stock for said bonds, or to buy in said bonds, with the consent of the holder or holders thereof. § 8. Nothing in this act shall be so construed as to prevent the said city from transferring its stock, or any part thereof, to the payers of the special tax herein authorized, in proportion to the amount of taxes paid by them respectively. § 9. The city of St. Louis is hereby authorized to subscribe to the stock of the Ohio and Mississippi Railroad Company, any amount not exceeding the sum of five hundred thousand dollars, or they may subscribe the whole or any part of that sum to the stock of any railroad company that may be organized for the construction of a rallroad beginning or terminating at Illinoistown, or on the island known as "Bloody Island," in front of said Illinoistown, and opposite the city of St. Louis, which subscription shall be on the same terms, and subject to the same conditions, as are herein provided for subscriptions to the stock of the Pacific Railroad Company. But nothing herein contained shall be so construed as to authorize said city to subscribe more than five hundred thousand dollars in the aggregate for the construction of any road or roads east of the Mississippi river. § 10. The fifth and sixth sections of an act entitled "An act to authorize the city of St. Louis to subscribe stock in the Ohio and Mississippi Railroad Company," approved February 17, 1849, be and the same is hereby repealed. This act to take effect and be in force from its passage. AN ACT to expedite the completion of the South-West Branch of the Pacific Railroad, and in relation to pre-emptions upon Railroad Land. § 1. Guaranteed company bonds changed to § 4. Right of pre-emption secured to settlers bonds of the State. 2. Bonds issued under this act to consti tute a first lien on road and land; Commissioners of State Interest Fund authorized to sell the bonds herein authorized to be issued, and deliver proceeds to the Treasurer of company, said Treasurer to keep a separate account of the procee is of said bonds from all other bonds of said company; Commissioners may refuse to sell bonds if they have reason to believe any officer or agent of said company has violated this act, and for the purpose of ascertaining the facts the Commissioners are authorized to inspect books and papers of company, and examine on oath any officer or agent of said company. 3. The bonds to bear six per cent. interest, and not to be sold for less than ninety cents on the dollar. on railroad land; pre-emptors to give notice to company; said notice to be given within twelve months from the passage of this act; said notice to be filed in office of Clerk of Circuit Court, and lists of such notices to be sent to railroad company by said Clerk. 5. Each pre-emption of which the company shall be thus notified, shall be considered, prima facie, valid; and the pre-emptor shall have right to enter the land without any additional proof except the affidavit required by previous act; said railroad company required to have filed in the office of Clerks of Circuit Courts a list of the names of preemptors. 6. Pre emptions declared to be transferable; said pre-emption not to interfere with right of way of said railroad company. 7. No pre-emptor required to pay for land until road is built to with twenty miles of him, nor until the company has obtained valid title to same. Be it enacted by the General Assembly of the State of Missouri, as follows: § 1. That the guaranteed bonds heretofore authorized to be issued to the Pacific Railroad, for the construction of the South-West Branch Road, shall be changed to six per cent. State bonds, with thirty years to run, to be issued in like quantities as now authorized under the present law. § 2. All bonds issued under the provisions of this act shall constitute a first lien or mortgage upon said South-West Branch, and all property thereof, including the lands belonging to said South-West Branch, in the same manner as provided by the act approved February 22, 1851, to expedite the construction of the Pacific Railroad, and of the Hannibal and St. Joseph Railroad, and of the act entitled "An act to secure the completion of certain Railroads in this State, and for other purposes, approved December 10, 1855, and all amendatory acts of the same; Provided furthermore, That the Commissioners of the State Interest Fund, either in person or by some duly authorized agent, shall have the sole and exclusive power to sell any and all such bonds; and upon the sale thereof, to deliver the proceeds to the Treasurer of said company; And provided furthermore, That the proceeds of such bonds shall be applied faithfully to the actual construction of said South-West Branch, and the rolling stock thereof, and not to be applied in payment of any other contract or expenses whatsoever; And provided furthermore, That said Treacurer shall, in all respects, keep accounts in relation to the proceeds of said bonds which shall be received by him separate and apart from all other funds of said company; And provided furthermore, That whenever said Commissioners shall have reason to believe that said company, or any officer or agent thereof, have violated any requirement of this section, they shall have power to refuse to sell any additional bonds; and such Commissioners, to obtain such information, shall have power to inspect the books and papers of such company and Treasurer, and also to examine, on oath, any officer or agent of such company, or any other person whomsoever. § 3. The bonds authorized to be issued by this act shall bear interest at the rate of six per cent. per annum, payable semi-annually, and in no case shall said bonds be disposed of for less than ninety cents on the dollar. § 4. That each and every person that is now the owner, by purchase or otherwise, of any improvement upon any railroad land along the line of the South-West Railroad, made prior to the 10th day of June, 1852, shall have the right of pre-emption to one hundred and sixty acres, by filing a notice to the Pacific Railroad Company, in the Clerk's office of the Circuit Court of the county in which the land lies, attested by his or her own oath, and the oath of two other persons, to be taken so as to cover said improvement, notice to be filed with said Clerk within twelve months after the passage of this act, describing such land by its numbers; and the said Clerk shall transmit to the Pacific Railroad Company a certified list of said notices thus filed in their said office. said § 5. That each notice of pre-emption, or any improvement made prior to the 10th day of June, 1852, filed by any person in the office of the Clerk of the Circuit Court, upon any of said lands, shall be by the company recognized as prima facie valid, and said pre-emptor shall have the right, either by himself or assignee, to enter the same without any additional proof of pre-emption; Provided, Said notice shall be accompanied by the affidavits required by the seventh section of an act entitled "An act to accept a grant of land made to the State of Missouri, by the Congress of the United States, to aid in the construction of certain Railroads in this State, and to apply a portion thereof to the Pacific Railroad," approved December 25, 1852; and it is hereby made the duty of said railroad company to cause to be filed in the Circuit Court Clerk's office, in each county along the line of suid railroad, a complete list of the names of each pre-emptor, together with the amount of land originally claimed by him, under former pre-emption laws, or under this law, lying within the county to which such lists may be sent. § 6. That all pre-emptions taken under this or any former law, are hereby declared to be transferable; and the person purchasing any of said pre-emptions shall have the same right to enter as the original pre-emptor had, by first obtaining, in writing, all the right of the pre-emptor, acknowledged before some Justice of the Peace, and duly certified by the Clerk of the Circuit Court in the county where said land lies; Provided, That nothing contained in this act shall be so construed as to interfere in any way with the right of way to said Pacific Railroad, but it is hereby provided that the right of way upon and across any lot of land pre-empted under the provisions of this or any former act, not exceeding two hundred feet in width, shall be reserved and retained for the passage of the road as the same may be located and constructed. § 7. No pre-emptor, or purchaser of a pre-emption, shall be required to pay the pre-emption money until the railroad is built to within twenty miles of the land he claims the right to, nor until the company have obtained a legal and valid title to the same, by having complied with the law granting said land for the building of said road. § 8. The Pacific Railroad Company shall, within thirty days after the passage of this act, file in the Secretary of State's office their acceptation of the same, or in the event they fail to do so, then this act to be null and void. This act to take effect from and after its passage. Approved March 5, 1859. NORTH MISSOURI RAILROAD COMPANY. ACTS GRANTING AID BY THE STATE TO. AN ACT to expedite the construction of the North Missouri Railroad. § 1. Governor authorized to issue and de- |§ 6. Company authorized to dispose of said liver the company special bonds of bonds at not less than their par the State. value. 2. Company to signify to the Secretary of State their acceptance of said bonds. 3. Such certificate to be recorded, and to operate as a lien upon said road. 4. Bonds how denominated; faith of the State pledged for their redemption. 5. The bonds when redeemable. 7. Company to make provision for the punctual payment of the interest and redemption of said bonds. 8. No bonds to be issued until evidence is produced no lien exists on said road. 9. If said company makes default in the payment of interest or principal, no more bonds to be issued. Be it enacted by the General Assembly of the State of Missouri, as follows: § 1. When the North Missouri Railroad Company shall produce to the Governor of the State satisfactory evidence by the affidavits of the Treasurer and two of the Directors of said company that the sum of fifty thousand dollars collected on the capital stock of said company has been expended by them in the survey, location and construction of their railroad, he shall cause to be issued and delivered to said company, as a loan of public credit, special bonds of the State to the amount of fifty thousand dollars, bearing an interest of six per cent. per annum from the time they are negotiated in the hands of the holders, payable semi-annually; and after the expenditure of the whole of said sum of fifty thousand dollars, realized from the sale of said bonds, whenever said company shall produce like proof to the Governor that they have expended the further sum of fifty thousand dollars of their own moneys, the Governor shall in like manner cause to be issued and delivered to said company further like bonds to the amount of fifty thousand dollars; and in like manner as often as said company shall from time to time furnish like evidence of having expended from their own moneys, collected on their own capital stock, further sums of not less than fifty thousand dollars each in the construction of their road, and that they have also expended the whole of the proceeds of the sales of bonds previously issued by the State in the construction of their said railroad, the Governor shall cause to be issued and delivered to said company further like bonds to the amount of fifty thousand dollars each time; Provided, The total amount of State bonds to be issued and loaned to said company shall not exceed two millions of dollars; Provided, That no part of said bonds shall be delivered to said company until at least one million of dollars has been subscribed in good faith to the capital stock of the said company, and satisfactory proof thereof has been made to the Governor. § 2. No part of the said bonds shall be delivered to the said company until the acceptance thereof shall be signified to the Secretary of State by the filing in his office of a certificate of such acceptance under the corporate seal of the company, with the signature of their President. § 3. The certificate of acceptance, so executed and filed as aforesaid, shall be recorded in the office of the Secretary of State, and shall thereupon become and be, according to all intents and purposes, a mortgage of said road, and every part and section thereof and its appurtenances, to the peopleof this State for securing the payment of the principal and interest of the sums of money for which such bonds shall from time to time be issued and accepted as aforesaid. $ 4. The said bonds thus issued shall bs denominated "the North Missouri Railroad Bonds," and the faith and credit of this State are hereby pledged for the payment of the interest and the redemption of the principal. thereof. The said bonds shall be signed by the Governor and countersigned the Secretary of the State, and sealed with the seal of the State, and shall be registered in the office of the Auditor of Public Accounts, and shall be of denominations not exceeding one thousand dollars each in amount, with coupons attached, and shall be payable to the order of said company, and may be transferred by the endorsement of the President of said company for the time being, and such endorsement shall be considered the act of the company; and a copy of this act shall be attached to each of said bonds. 5. The said bonds shall be redeemable at the pleasure of the Legislature at any time after the expiration of twenty years from the date of the respective issues thereof, and the interest thereon shall be payable semiannually in the city of New York, on the first days of January and July in each and every year; and if any of said bonds mature between either of the said days, the interest which shall have accrued thereon shall be paid at the maturity of the bond. § 6. The said company may sell or dispose of said bonds issued to them at not less than par, and in such manner, time and place as to them may seem most expedient; and may confer on any holder of any bond or bonds transferred by them, the right to convert the same into stock of the company at any time not exceeding ten years from the date of such bond or bonds, and |