Abbildungen der Seite
PDF
EPUB

claims.

shall be received as cash in payment of lands bought Co. may pay at such sale; and provided further, that said company shall have the right to pay said claims at any time before such sale of the lands.

cute deeds.

Third-That upon such sale and payment of the purchase money, the Register shall issue a certificate to Register to the purchaser, showing the land purchased by him and certify. the amount paid therefor; and upon the presentation thereof to the Governor he shall execute to the pur- Gov. to exechaser a deed in the name of the State of Iowa, without warranty, conveying the lands so purchased, which deed shall be effectual to pass all the right and title. thereto now held by the State, or which may hereafter be acquired by the State from the United States; and all moneys, the proceeds of the sales of lands as afore- Moneys for said, shall be by the Register paid into the State lands to be treasury for the use of the holders of the unpaid claims ants-how. herein provided for; which shall be paid in the order specified in section 1 of chapter 22 of the laws of the 1866, ch. 22. 11th General Assembly, upon the production and surrender of the warrants therefor; and if there should be an amount insufficient to pay the same in full, then the same shall be paid pro rata; and if there shall remain a balance after paying the same in full, such balance Comp. to get shall be paid over to said railroad company.

paid claim

balance.

Fourth-That the Register of the State Land - Office shall, as soon as practicable and prior to the first day of July next, select from the lands embraced in the said. act of Congress, approved July 12, 1862, excluding the lands reserved and described in the first paragraph hereof, one hundred thousand acres of said land of average value as near as practicable, and embracing the ten sections sold to S. H. Taft; and the lands so selected, as well as the proceeds of any portion thereof now sold, shall be held and applied exclusively for the construction of said railroad above Des Moines as now provided by law, and shall be conveyed and patented to L. O. to select Register of S. said railroad company, or to such person or persons as 100,000 acres they shall direct, only upon the completion of said rail- for road road into the town of Fort Dodge, situated on the east Lands and side of the Des Moines river, within the year 1870, proceeds to which said company agrees to do; and the evidence of be turned such completion shall be the running of trains into said over when town within the time specified, and none of said lands pleted to Ft. shall be patented until such completion, and the pro- Dodge, in ceeds of any portion thereof sold under provisions of 1870. existing law shall be at the same time paid over to said railroad company. The said railroad company shall i868-'69.

above D. M.

road is com

65 miles to be graded in

Governor to deed lands to Company.

also have not less than sixty-five miles of said road from their present terminus graded during the present and the ensuing calendar year.

Fifth-That so soon as satisfactory evidence shall be furnished to the Governor that all the claims herein provided for have been settled and paid, or fully discharged, whether by the sale of the land, or by payments made by said railroad company, he shall execute and deliver to the Des Moines Valley Railroad Company, or to their assigns, a deed or deeds in the name of the State of Iowa, without warranty, for all the lands embraced in the said act of Congress, approved July Exceptions. 12, 1862, save and except the one hundred thousand acres herein before reserved for the construction of said road above the city of Des Moines to Fort Dodge; and except also any lands embraced in said grant which may have been reserved by any act passed prior hereto by the State of Iowa for the protection or benefit of settlers or persons claiming homesteads thereon; and the settlement made and approved June 20th, 1866, by the Census Board of the State of Iowa with the Des Moines Settlements Valley Railroad Company, and the settlement with the R. R. Co. and United States therein referred to, are hereby ratified U. S. ratified. and confirmed.

with D. M. V.

grant.

SEC. 2. In case of non-compliance by said railroad In case of company with the foregoing conditions by it to be non-compli- performed, then, without further legislation, this act forfeit land shall have the force and effect of an act of resumption, and all rights of said company in and to said lands or any part thereof, heretofore or hereby granted to said company, and not at the time of such failure actually conveyed by the State to said company, shall be forfeited to and revested in the State of Iowa, as full[y] as if the grant thereof had never been made by the State.

SEC. 3. This act shall be accepted by the said railroad company, and evidenced by the signature of the president and secretary of said company, with the To be accept-corporate seal thereof, within thirty days from the ed in 30 days. approval of this act, but the non-acceptance by the said

Restrictions on tariffs.

Des Moines Valley Railroad Company of this act shall not prevent all the foregoing provisions thereof from having the same operation and effect as if the same had been accepted by said company. The company accepting the provisions of this act shall at all times be subject to such rules, regulations, and rates of tariff for transportation of freight and passengers as may

from time to time be enacted by the General Assembly

of the State of Iowa.

SEC. 4. So much of section three of chapter one 1864, ch. 108. hundred and eight, of the laws of the Tenth General Assembly, and of other laws and provisions relating Law for gradthereto, including section five of said chapter, as ing lands by requires the lands herein before referred to, or any ers repealed. part thereof, to be classified or graded by commissioners, and all other acts and parts of acts inconsistent with this act, are hereby repealed.

commission

SEC. 5. This act shall be in force and have effect Taking effect. from and after its publication in the State Register and Evening Statesman, papers published in Des Moines, Iowa.

Approved March 31, 1868.

I hereby certify that the foregoing act was published in The Iowa Evening Statesman April 1, 1868, and in the Daily State Register April 2, 1868.

ED WRIGHT, Secretary of State.

CHAPTER 58.

LANDS GRANted to the m'GREGOR & SIOUX CITY RAILWAY

COMPANY.

AN ACT Making a Grant of Land to the McGregor & Sioux City MARCH 31. Railway Company, or, in Case of their Failure to accept the same, to the Forty - Third Parallel Company, and to Execute the Trust conferred by Act of Congress entitled "An Act for a Grant of Land to the State of Iowa, in Alternate Sections, to aid in the Construction of a Railroad in said State," approved May 12, 1864.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That all the lands, rights, and Land-grant privileges that are granted to the State of Iowa by an for R. R. from McGregor to act of Congress, approved May 12, 1864, for the pur-O'Brien o pose of aiding in the construction of a railroad from a given to McG. point at or near the foot of Main street, South Mc- & S. C. RailGregor, in said State, in a westerly direction, by the way Co. most practicable route, at or near the forty-third parallel of north latitude, until it shall intersect the proposed railroad running from Sioux City to the Minnesota State line, in the county of O'Brien, in said State of Iowa, are hereby granted and conferred to and upon

the McGregor & Sioux City Railway Company, a cor- . poration organized under the laws of the State of Iowa: Proviso: re Provided, Said railroad company accepting the provisstrictions on ions of this act shall at all times be subject to such tariff, &c.

Conditions.

Route.

Points.

Terminus.

ditions.

Road to
Chickasaw,
Sept. 1869.

20 miles a
year.

rules, regulations, and rates of tariff for the transportation of freights and passengers, as may from time to time be enacted and provided for by the General Assembly of the State of Iowa, and further subject to the conditions, limitations, restrictions, and provisions contained in this act, and in the acts of Congress granting said lands to the State of Iowa.

SEC. 2. This grant is made upon the express condition that said railway company shall have constructed and in running order a line of railway as required by the provisions of the act of Congress making said grant to the State, and of this act, upon the most practicable route, on or as near as practicable to the forty - third parallel of north latitude, running within one mile of New Hampton, in Chickasaw county, and running from thence by way of, and within one mile of, St. Charles City, Mason City, and Algona, until it shall intersect, in the county of O'Brien, in this State, the proposed railroad running from Sioux City to the Minnesota State line.

SEC. 3. This grant is conferred on the McGregor & Further con- Sioux City Railway Company on the further express conditions that in case said company shall fail to have its railway built and completed in good running order as far west as to Chickasaw, in range fourteen, in Chickasaw county, by the first day of September, 1869; or in case said company shall fail to build and complete in good running order at least twenty miles in addition in each and every year thereafter, and the whole of said Whole road road by the first day of December, 1875; then, and in case of any such failure, or on failure to comply with any of the conditions of this act, the State of Iowa State may re- may at any time resume all rights conferred by this act, and resume all rights to the lands hereby granted, and which may remain undisposed of to said company on account of road actually built in compliance with the terms of this act; provided, that if in any one year more road shall be built than is required by this act, it shall be regarded and treated as road built in the next succeeding year or years.

in 1875.

sume.

Proviso.

Construction.
Gauge.

SEC. 4. This railway shall be constructed upon the usual gauge of other first-class railroads in this State, and shall be constructed and finished in a style and of

a quality equal to the average of other first-class western railroads.

benefit of se

SEC. 5. The said company shall be entitled to the benefit of the selections of land already made under Co. to have the grant to the State of Iowa, of lands to aid in the lections alconstruction of a railroad from McGregor westward on ready made. or near the forty-third parallel, approved May 12th, 1864; and the line located under said grant shall be binding only so far as applicable to said selections.

SEC. 6. It is hereby made the duty of the Governor Duty of Govwhen ten consecutive miles of railroad has been built ernor. in accordance with the provisions of this act, to certify that fact to the Secretary of the Interior, and so on for each consecutive ten miles thereof, as the same shall

be completed, and whenever the said McGregor and Certify buildSioux City Railway Company shall have completed in ing of road. good running order, according to the provisions of this act, its railway to a point within one mile of St. Charles City, in Floyd county, it shall be the duty of the Governor of this State to cause patents to be issued to said railway company for one hundred and fifty sections of said land, and when the said railway company shall in like manner have completed its railway to the east line of range twenty-two, in Cerro Gordo county, then the said Governor shall cause patents to be issued to said railway company for one Patents to ishundred and fifty sections of land; and when the said sue. railway company shall in like manner have completed its railway to a point within one mile of Algona, in Kossuth county, then the Governor shall cause patents to be issued to said company for one hundred and fifty sections more of said lands; and when the said railway Same. company shall in like manner have completed its railway to the Little Sioux river, then the said Governor shall cause patents to be issued to said company for Same. all the balance of the lands granted for that purpose; provided, that the said railway company shall not Proviso: co. convey or encumber any of said lands prior to the not to time it shall be entitled to patents therefor, as pro- before issue vided in this act; and this act shall not be so construed of patents. as to grant to said railway company, or any person or persons whomsoever, any of said lands for any railroad heretofore built.

en

cumber lands

laws before

SEO. 7. All lands embraced in said grant which Settlers unwere entered prior to January 1, 1866, under the der homest'd homestead laws of the United States, shall be patented 1866 may purby the Governor of this State to the parties by whom chase lands.

« ZurückWeiter »