Plymouth and Keosauqua, as provided by Section two of said Act of March 22d, 1858; and the said Company is hereby released from any obligation to complete and keep in repair the lock and dam at Bentonsport; and in case the said Company shall expend any sums of money upon any of said works, or in procuring said releases, then, for every three thousand dollars so expended, the Lands certiRegister shall certify to said Company one thousand fied on acres of the lands above reserved not required to pay ment of y

the claims of Section nine of this Act, and in the same rates for any less sums so expended.

claims.

SEC. 15. Whenever it shall be made to appear to Govern'r and the satisfaction of the Governor and the Register of the Register. State Land Office, that in accordance with any contract with the Keokuk, Fort Des Moines & Minnesota Railroad Company, and for a consideration paid by said Company, the completion of either of the locks and dams remaining uncompleted at Croton, Plymouth and Keosauqua, has been assumed by some proper party, and the State and said Company discharged from any Discharged further payments therefor, and that the State and said from liability. Company have been discharged from all liabilites arising out of any contracts for the completion of either of such locks and dams heretofore entered into or assumed by the State as trustee, or out of any and all contracts or leases of water power heretofore executed or assumed by the State as such trustee, or otherwise, it shall be the duty of the Governor and Register of the State Land Office, first, if so requested by such Company, to Gov. & Regexecute to such party as the Company shall designate, ister to convey without a conveyance in the name of the State of Iowa, without warranty. warranty, of all the interest of the said State in such lock and dam, and in the land appurtenant thereto, and the water power thereto belonging, and in any material prepared for the construction of such lock and dam; and if any of such material shall have been improperly taken possession of by any person, the State or its grantee may replevin the same. That said conveyance shall contain a covenant on the part of the grantee, that said dam shall at all reasonable times be kept in condition to pass boats without unnecessary hindrance Locks. or delay, and that for boats passed through the locks of such dam, the toll charged shall not exceed the maxi- Toll charged. mum rates prescribed by the contract by the State with the Des Moines Navigation and Railroad Company. Second, to certify to said Keokuk, Fort Des Moines & Minnesota Railroad Company, or to such person as it may designate, for every three thousand dollars so paid,

Replevin.

Ratio.

R. R. to com

fied.

one thousand acres of land from the seventy thousand acres reserved by this Act, and in the same ratio for sums less than three thousand dollars.

SEC. 16. When said Railroad Company shall, in the plete 20 miles manner prescribed in Section seven of this Act, establish the fact that it has completed and is operating twenty miles of its road, in addition to that for which it shall have received lands of this grant prescribed in Claims satis- this Act: Provided, The said Company shall have then satisfied all the claims mentioned in Sections nine and ten of this Act, to be evidenced by receipts filed in the office of said Register, or by the receipt of the State Treasurer, for moneys paid to such Treasurer in default of the proper claimants receiving the same, the said 120 sections. Company shall be entitled to a certificate and patent for one hundred and twenty sections of said lands, to be selected, as nearly as practicable, one-half from the lands in place, and one-half from the indemnity lands, so called, and one-third from each of said grades or classes, until there shall remain of the lands within said grant, undisposed of, only the lands reserved by the preceding sections of this Act: Provided, That it is also made to appear to the satisfaction of the Governor and the Register of the State Land Office, that said road has been constructed over the most practicable route up the valley of the Muchakianock Creek, and that a depot has been established on the line of said road at the point nearest the city of Oskaloosa, and on the east side of said creek, or that the Mahaska County Railroad Company has consented to a different route and a different point for the location of said depot.

Depot at Oskaloosa.

One-fo'rth dis

tance from

SEC. 17. When the Keokuk, Fort Des Moines and Minnesota Railroad Company shall in like manner have Des Moines established the fact that it has completed and is operato Ft. Dodge. ting its road one-fourth of its distance between the city of Des Moines and Fort Dodge, it shall be entitled to a certificate and patent for one-fourth of the lands reserved by Section eight of this Act; and upon the completion of each additional one-fourth of said road between Des Moines and Fort Dodge, said Company shall be entitled to receive a certificate and patent for one-fourth of the lands so reserved: Provided, however, That the RailMcGregor R. road Company building westwardly from McGregor right of way. shall have the right of way for their road across the lands embraced in this Act, and the same is hereby granted to said Company: and Provided further, That the State shall in no event whatever, be liable to said Keokuk, Fort Des Moines & Minnesota Railroad Com

R. to have

Failure of title.

pany, or to any of its grantees, or any other persons to whom lands may be sold or patented under the provisions of this Act, for any failure of title to any of the lands so sold or patented.

SEC. 18. The time in which the first seventy-five Time extendmiles of the Keokuk, Fort Des Moines & Minnesota ed. Railroad from the town of Bentonsport up the valley of the Des Moines River, shall be completed, is hereby extended to the first day of May, 1865, after which the said Company is required to build and equip thirty-three miles of its road for each year for five years, and the remainder of the whole line within three years thereafter, or on the first day of May, 1874; and in case of a failure to so build and equip said road, the lands then remaining uncertified to said Company shall belong to this State, to be disposed of as provided by the Act of Congress of July 12th, 1862, and the laws of this State.

SEC. 19. The Commissioners hereinbefore named Pay of Comshall each receive as compensation for services rendered missioners. in the discharge of their duties imposed by this Act, the sum of three dollars per day for the number of days engaged therein, and their necessary expenses; and the bills therefor shall be audited by the Register of the State Land Office, and paid by the Keokuk, Fort Des Moines & Minnesota Railroad Company. If either of said Commissioners shall neglect or refuse to discharge the duties imposed by this Act, the Governor shall appoint some competent person to act in his place.

Gov. appoint.

SEC. 20. The said Keokuk, Fort Des Moines and Sec'y of State Minnesota Railroad Company shall assent to and accept Accept in the provisions of this Act by a written instrument under writing. the seal of said corporation, with the signature of the proper officers, before any lands shall be patented to them by the Governor, as provided by this Act, which said acceptance shall be filed in the office of the Secretary of State, and be by the Secretary recorded in the book by him kept for the recording of articles of association. Said Company accepting the provisions of this Act, shall at all times be subject to all the rules and regulations, and all the restrictions and conditions not inconsistent with this Act, provided in an Act passed March 3d, 1860, an Act passed March 22d, 1858, and an Act passed July 14th, 1856, by the General Assembly of the State of Iowa.

SEC. 21. This Act being deemed of immediate importance, shall take effect and be in force from and after

Take effect.

its publication in the Iowa State Register and the Iowa Homestead, newspapers published in Des Moines. Approved March 28th, 1864.

I hereby certify that the foregoing Act was published in the Iowa State Register April 20th, A. D. 1864, and in the Iowa Homestead April 20th, A. D. 1864.

JAMES WRIGHT, Secretary of State.

CHAPTER 109.

AGRICULTURE.

AN ACT to amend Sections 1704, 1707, 1708, 1741 and 1742 of the
Revision of 1860, in relation to Agricultural Fairs.

SECTION 1. Be it enacted by the General Assembly State support of the State of Iowa, That the aid heretofore extended withdrawn. to County and District Agricultural Societies shall be withheld in each and every year in which the receipts of any of such Societies shall exceed the sum of five hundred dollars; provided, that donations and appropriations to aid in purchasing and fitting up Fair grounds, and the appropriations from the State shall in no case be construed to be part of the annual receipts of such societies.

Regulations SEC. 2. No person shall be permitted to sell any for Co. Fairs. intoxicating liquors of any kind or be engaged in any gambling or horse-racing either inside the enclosure where any County or District Agricultural Society Fair is being held, or within one hundred and sixty rods thereof during the time of holding such Fair, and any person found guilty of any of the offences herein enumerated shall be fined in any sum not less than five nor more than fifty dollars for every such offence.

Permits to

SEC. 3. It shall be lawful for the President of any sell on Fair District or County Agricultural Society to grant a writGrounds. ten permit to such persons as he may deem necessary, to sell fruit, provisions and other necessaries, to such persons as may be in attendance at any such Fair, under such regulations and restrictions as the Board of Directors may prescribe.

Arrests.

SEC. 4. The President of any such Society shall be empowered to arrest or cause to be arrested any person or persons engaged in violating any of the provisions

contained in Sec. 2 of this Act and cause them forthwith to be taken before some Justice of the Peace, there to be dealt with as provided for in said Sec. 2 of this Act, and he may seize or cause to be seized all in- Seizures. toxicating liquors of any kind with the vessels containing the same and all tools or other implements used in any gambling, and may remove or cause to be removed all shows, swings, boothes, tents, carriages, wagons, Remove. vessels, boats, or any other nuisance that may obstruct or cause to be obstructed (by collecting persons around or otherwise) any thoroughfare leading to any entrance to the enclosure in which such Agricultural Fair is being held, and any person owning or occupying any of the causes of obstructions herein specified, who may refuse or fail to remove such obstructions or nuisance when ordered so to do by the President of such Society, Fine. shall be liable to a fine of not less than five and not more than twenty dollars for every such offence.

SEC. 5. Be it further enacted, That the number No. Reports of copies of the Annual Reports of the Iowa State Ag- of State Sociricultural Society to be published shall be limited to ety. three thousand, all of which shall be bound in a manner Binding. and style uniform with those bound by the State for the years 1859 and 1860; provided said binding shall not cost more than thirty cents per copy.

SEC. 6. The Secretary of State shall distribute said Distribution. reports as follows; Ten copies to each member of the General Assembly, ten copies to the State Agricultural College, ten copies to the State University, ten copies to the State Library, four hundred copies to the State Agricultural Society, and the remainder to the County Agricultural Societies, and only to such Societies as have made reports to the Secretary of the State Agricultural Society as required in Section 1698 of the Re-Proportion. vision of 1860; provided, that the proportion to each County Society shall be regulated by the number of members reported to the State Agricultural Society. SEC. 7. All acts and parts of Acts contrary to the provisions herein contained, are hereby repealed. Approved March 28th, 1864.