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seven per cent per annum, payable semi-annually in the city of New York, as a loan of public credit, to an amount not exceeding $1,250,000, or an aggregate amount to all of said companies not exceeding $5,000,000, in manner following, to-wit:

Whenever either of the said companies shall produce to the governor satisfactory evidence, verified by the affidavits of the chief engineer, treasurer, and two directors of said company, that any ten miles of the road of said company have been actually constructed and completed, ready for placing the superstructure thereon, the governor shall cause to be issued and delivered to such company, bonds to the amount of $100,000; and whenever thereafter, and as often as either of said companies shall produce to the governor like evidence of a further construction of ten miles of its road, as aforesaid, then the governor shall cause to be issued to such company further like bonds to the amount of $100,000 for each and every ten miles of the road thus constructed; and whenever such company shall furnish like evidence that any ten miles of its road is actually completed and cars running thereon, the governor shall cause to be issued to such company like bonds to the amount of $100,000; and whenever thereafter and as often as either of said companies shall produce to the governor like evidence that any further ten miles of said road is in operation as aforesaid, the governor shall cause to be issued to such company further like bonds to the amount of $100,000, until the full amount of the bonds hereby authorized shall be issued. Provided, that two-fifths and no more, of all bonds issued to the Southern Minnesota Railway Company shall be expended in the construction and equipment of the line of road from La Crescent to the point of junction with the Transit road, as provided by law; and further provided, that the Minneapolis & Cedar Valley Railroad Co. shall commence the construction of their road at Faribault and Minneapolis, and shall grade an equal number of miles from each of said places.

The said bonds thus issued shall be denominated "Minnesota State 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. They shall be signed by the governor, countersigned and registered by the treasurer, sealed with the seal of the State, of denominations not exceeding $1,000, payable to the order of the company to whom issued, transferable by the indorsement of the president of the said company, and redeemable at any time after 10 and before the expiration of 25

years from the date thereof. Within 30 days after the governor shall proclaim that the people have voted for a loan of state credit to railroads, any of said companies proposing to avail themselves of the loan herein provided for, and to accept the conditions of the same, shall notify the governor thereof, and shall, within sixty days, commence the construction of their roads, and shall within two years thereafter, construct ready for the superstructure, at least fifty (50) miles of their road. Each company shall make provision for the punctual payment and redemption of all bonds issued and delivered as aforesaid, to said company, and for the punctual payment of the interest which shall accrue thereon, in such manner as to exonerate the treasury of this State from any advances of money for that purpose; and as security therefor, the governor shall demand and receive from each of said companies before any of said bonds are issued, an instrument pledging the net profits of its road for the payment of said interest, and a conveyance to the State of the first two hundred and forty sections of land free from prior incumbrances, which such company is or may be authorized to sell, in trust, for the better security of the treasury of the State from loss on said bonds, which said deed of trust shall authorize the governor and secretary of state to make conveyances of title to all or any of such lands to purchasers agreeing with the respective railroad companies therefor.

Provided, That before releasing the interest of the State to such lands, such sale shall be approved by the governor; but the proceeds of all such sales shall be applied to the payment of interest accruing upon the bonds, in case of default of payment of the same, and as a sinking fund to meet any future default in the payment of interest and principal thereof when due. And as further security, an amount of first mortgage bonds on the roads, lands and franchises of the respective companies, corresponding to the state bonds issued, shall be transferred to the treasurer of the State at the time of the issue of state bonds. And in case either of said companies shall make default in payment of either the interest or principal of the bonds issued to said companies by the governor, no more state bonds shall thereafter be issued to said company, and the governor shall proceed in such manner as may be prescribed by law, to sell the bonds of the defaulting company or companies, or the lands held in trust, as above, or may require a foreclosure of the mortgage executed to secure the same: Provided, that if any company so in default, before

the day of sale shall pay all interest and principal then due and all expenses incurred by the State, no sale shall take place, and the right of said company shall not be impaired to a further loan of state credit; provided, if any of said companies shall at any time offer to pay the principal together with the interest that may then be due upon any of the Minnesota state railroad bonds which may have been issued under the provisions of this section, then the treasurer of the State shall receive the same, and the liabilities of said company or companies in respect to said bonds shall cease upon such payment into the state treasury of principal, together with the interest as aforesaid; provided, further, that in consideration of the loan of state credit herein provided, that the company or companies which may accept the bonds of the State in the manner herein specified, shall, as a condition thereof, each complete not less than fifty miles of its road on or before the expiration of the year 1861, and not less than one hundred miles before the year 1864, and complete four-fifths of the entire length of its road before the year 1866; and any failure on the part of any such company to complete the number of miles of its road or roads, in the manner and within the several times herein prescribed, shall forfeit to the State all the right, title and interest of any kind whatsoever in and to any lands, together with the franchises connected with the same not pertaining or applicable to the portion of the road by them constructed and a fee simple to which has not accrued to either of said companies by reason of such construction which was granted to the company or companies thus failing to comply with the provisions hereof, by act of the legislature of the territory of Minnesota vesting said lands in said companies respectively. [Expunged by amendment to sec. 10, art. 9.]

ACT

OF ADMISSION INTO THE UNION.

An act for the admission of Minnesota into the Union.

[Passed May 11, 1858.]

WHEREAS, an act of Congress was passed February twentysixth, eighteen hundred and fifty-seven, entitled "An act to authorize the people of the territory of Minnesota to form a Constitution and State Government preparatory to their admission into the Union on an equal footing with the original states;" and whereas, the people of said Territory did, on the twentyninth day of August, eighteen hundred and fifty-seven, by delegates elected for that purpose, form for themselves a constitution and state government, which is republican in form, and was ratified and adopted by the people at an election held on the thirteenth day of October, eighteen hundred and fifty-seven, for that purpose; therefore

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of Minnesota shall be one, and is hereby declared to be one of the United States of America, and admitted into the Union on an equal footing with the original states, in all respects whatever. SEC. 2. And be it further enacted, That said State shall be entitled to two representatives in Congress, until the next apportionment of representatives among the several states.

SEC. 3. And be it further enacted, That from and after the admission of the state of Minnesota, as hereinbefore provided, all the laws of the United States, which are not locally inapplicable, shall have the same force and effect within that state as in other states of the Union; and the said state is hereby constituted a judicial district of the United States, within which a district court with like powers and jurisdiction as the district court of the United States for the district of Iowa, shall be established;

the judge, attorney and marshal of the United States of the said district of Minnesota, shall reside within the same, and shall be entitled to the same compensation as the judge, attorney and marshal of the district of Iowa; and in all cases of appeal or writ of error heretofore prosecuted and now pending in the supreme court of the United States, upon any record from the supreme court of Minnesota territory, the mandate of execution or order of further proceedings shall be directed by the supreme court of the United States to the district court of the United States for the district of Minnesota, or to the supreme court of the state of Minnesota, as the nature of such appeal or writ of error may require; and each of those courts shall be the successor of the supreme court of Minnesota territory, as to all such cases, with full power to hear and determine the same, and to award mesne or final process therein.

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