associates, successors, and assigns, the same as if the words had been properly added thereto.

SEC. 16. And be it further enacted, That at any time after the passage of this act all of the railroad companies named therein, and assenting thereto, or any two or more of them, are authorized to form themselves into a consolidated company; notice of such consolidation, in writing, shall be filed in the Department of the Interior, and such consolidated company (94) shall thereafter proceed to construct said railroad, (95) and branches, and telegraph line upon the terms and conditions provided in this act.

SEC. 17. And be it further enacted, That in case said company or companies shall fail to comply with the terms and conditions of this act (96) by not completing said road and telegraph (97) and branches within a reasonable time, or (98) by not keeping the same in repair, and use, but shall permit the same, for an unreasonable time, to remain unfinished, or out of repair, and unfit for use, Congress may pass any act to insure the speedy completion of said road (99) and branches, or put the same in repair and use, and may direct the income of said railroad and telegraph line to be thereafter devoted to the use of the United States, to repay all such expenditures caused by the default and neglect of such company or companies: Provided, (100) That if said roads are not completed, so as to form a continuous line of railroad, ready for use, from the Missouri River to the navigable waters of the Sacramento River, in California, by the 1st day of July, 1876, the whole of all of said railroads before mentioned and to be constructed under the provisions of this act, together with all their furniture, fixtures, rolling stock, machine shops, lands, tenements, and hereditaments, and property of every kind and character, shall be forfeited to and be taken possession of by the United States: Provided, That of the bonds of the United States in this act provided to be delivered for any and all parts of the roads to be constructed east of the one hundredth meridian of west longitude from Greenwich, and for any part of the road west of the west foot of the Sierra Nevada Mountains, there shall be reserved of each part and instalment twenty-five per centum, to be and remain in the United States Treasury, undelivered, until said road and all parts thereof provided for in this act are entirely completed; and of all the bonds provided to be delivered for the said road, between the two points aforesaid, there shall be reserved out of each instalment fifteen per centum, to be and remain in the treasury until the whole of the road provided for in this act is fully completed; and if said road, or any part thereof, shall fail of completion at the time limited therefor in this act, then and in that case the said part of said bonds so reserved shall be forfeited to the United States.

SEC. 18. And be it further enacted. That (101) whenever it appears (102) [thereby] that the net earnings of the entire road and telegraph, including the amount allowed for services rendered for the United States, after deducting all expenditures, including repairs and the furnishing, running, and managing of said road, shall exceed ten percentum upon its cost, exclusive of the five percentum to be paid to the United States, Congress may reduce the rates of fare thereon, if unreasonable in amount, and may fix and establish the same by law. And the better to accomplish the object of this act, namely, to promote the public interest and welfare by the construction of said railroad and telegraph line, and keeping the same in working order, and to secure to the government at all times (but particularly in time of war) the use and benefits of the same for postal, military, and other pur

poses, Congress may, at any time, having due regard for the rights of said companies named herein, add to, alter, amend, or repeal this act.

(103) [SEC. 19. And be it further enacted, That persons in possession of government lands in the Territory of Nevada at the time of the passage of this act, except mineral lands, or who may, under the laws of Congress, have the constructive right to the possession of one hundred and sixty acres, should such lands be conveyed to said railroad company under this act, shall have the right to purchase the same from said company at the same price that the government shall fix for the sale of the adjoining lands.]

(104) SEC. 20. And be it further enacted, That the several railroad companies herein named are authorized to enter into arrangements with the Pacific Telegraph Company, the Overland Telegraph Company, and the California State Telegraph Company, so that the present line of telegraph between the Missouri river and San Francisco may be moved upon or along the line of said railroad and branches as fast as said roads and branches are built; and if said arrangement be entered into, and the transfer of said telegraph line be made in accordance therewith to the line of said railroad and branches, such transfer shall, for all purposes of this act, be held and considered a fulfilment on the part of said railroad companies of the provisions of this act in regard to the construction of said line of telegraph. And, in case of disagreement, said telegraph companies are authorized to remove their line of telegraph along and upon the line of railroad herein contemplated without prejudice to the rights of said railroad companies named herein.

(105) SEC. 21. And be it further enacted, That the corporation hereby created and the roads connected therewith, under the provisions of this act, shall make to the Secretary of the Treasury an annual report wherein shall be set forth

First. The names of the stockholders and their places of residence, so far as the same can be ascertained.

Second. The names and residences of the directors, and all other officers of the company.

Third. The amount of stock subscribed, and the amount thereof actually paid in.

Fourth. A description of the lines of road surveyed, of the lines thereof fixed upon for the construction of the road, and the cost of such surveys. Fifth. The amount received from passengers on the road.

Sixth. The amount received for freights thereon.

Seventh. A statement of the expense of said road and its fixtures.

Eighth. A statement of the indebtedness of said company, setting forth the various kinds thereof. Which report shall be sworn to by the president of the said company, and shall be presented to the Secretary of the Treasury on or before the first day of July in each year.

Attest.

J. W. FORNEY, Secretary.

VOL. XLVII.-NO. I.

7

STATISTICS OF POPULATION.

1. CENSUS OF NEW BRUNSWICK, 1851 AND 1861. 2. PROGRESS OF EDUCATION IN ENGLAND. 3. ENGLISH AND FRENCH NAVIES 4. PASSENGERS ARRIVING IN THE UNITED STATES.

CENSUS OF NEW BRUNSWICK, 1851 AND 1861.

In the May number of the Merchants' Magazine, we gave the official returns in detail of the census of 1861, compared with 1851, of Canada East and West, Nova Scotia, and Prince Edwards Island, together with a general summary of the whole of British North America. The detail returns of New Brunswick had not then been officially published. We are now able to give them, and they will be found below: