Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1853-02-02


other responsible person, or persons shall
be lower bidders, the same shall be struck
off to him or them, and the purchasers
aforesaid shall be forthwith required to
pay for their lands in cash, or credit by
giving mortgage and good security for
the purchase money at the discretion Of
the said drainage Commissioner, but no
such credit shall! be given for greater
length OF time than twelve months, and
shall draw interest at tho rate of six per
cent per annum.
SEC. II. The said County Courts
shall not dispose or sell any more of said
lands than shall be absolutely necessary
to complete The reclaimjng, and draining
ofthe same, and in all cases where there
are any lands, remaining unsold after
the completing of SAID draining in any
county, they shall be expended in the
building of roads, and bridges through or
across said swamp lands under the direc.
ton and superintendence oflhe drainage
Commissioner, and if said lands are MOI,
needed for this purpose, then to be dis
posed OF in the construction ofroads, and
bridges in the county
SEC. l8. If any drainage Commits.
sioner or other person, shall embezzle sor
appropriate 10 their o~n use any money,
bonds. bills notes or Mortgages belong.
| ing to the drainage fund OF any county
in this State he, she, or they shall be liza.
| BILE to indictment and on conviction shall
be imprisoned in the penitenGary of this
Cfota for por;ol ~ Loo, than
moro than five years, and such convic-
ton shall work forfeiture of Office in all
| cases. ID. -
Sec. 10. All lands not sold at Public
Sale as herein provided r,shall DO SUD-
ject to sale at any time thereafter at the
valuation, and the Clerk of the County
Cour. is authorized, and required 10 sell
all such land at private Sale upon tho
terms upon which they were offered at
public sale, the money to be paid over 10
! the drainage commissioner and his re.
| ceipt taken therefor.
SEC. 90. The surveyor shall be requir.
ed 10 file in the office of tho Clerk of the
County Cour. an affidavit, setting forth
the number of days he was actually and
necessarily employed, and the number
OF days that each person, naming such
person was actually and necessarily en-.
ployed by him, and when team was ac.
tually and necessarily employed in ex.
aiming the swamp. and overlooked ands
and in making on, pla.s and descriptions
OK the same.
SEC. 81. When accounts aro proved
and filed in such manner as shall be sat.
isfactory 10 the county court, the Clerk
OF said Cour! is hereby authorized and
required to issue a county order for the
amount thereof, in favor Of the persons
entitled thereto, or on their written order,
the amounts authorized by this act to be
paid are hereby appropriated, Provided,
that tho clerk Of the county courts shall
charge the several amounts 90 paid to
the drainage fund of tho several counties
and the same shall be a debt due, and
oweing from such fund to the counties
and it is hereby made tho duty Of the
drainage Commissioner to. pay out Of
the first moneys received from tbs Sale
cflands TO the Treasurera<sf tao severa'
counties the salu amount SO charged by
the clerk against such drainage funds q.
aforesaid.
SEC. 29. Each and every person who
on tho 23th day Of September 1850, was
the owner of any improvement, or who
since that date has become the owner OIL
any improven ent or any of the said
swamp or overlooked lands with''a view to
q residence & occupation of said land for
agricultural purposes shall have the right
to purchase atthe appraised value hereot
a quantity Of land including his said i'm.
provement 10 be bounded by tho legal
subdivisions, not exceeding one quarter
section. to consist, Of the quarter quar-.
ter, half quarter or quarter section, pro.
vided that any person claiming the right
to purchase under this act shall within
three months after tho taking effect Of
this act, file in the Clerks Office of the
county Court Of tho proper county q no
tice ofhis, her or their claims, describing
the land by its numbers, and providing
the fact in relation to such claim to the
satisfaction of said Clerk, And provided
farther that any person claiming tho RICH,
to purchase as aforesaid shalt within
twelve months from the day set for sell.
ing the swamp lands in the neighborhood
in which his improvement Is situated pay
TO the drainage Commissioner the con.
sideration money for the land claimed
or the person so claiming shall be allow.
ed to pay the same in labor according to
the provisions of this act, which paymen,
shall entitle him, her. or them to q deed
conveying all estate in fee simple but in
case Of failure 10 make such payment, OF
to pay in labor as aforesaid the right 10
make the purchase shall cease.
Sec. SO. All business in relation to
swamp and oyeraowed lands, shall, be
transacted al tho regular term Of tbs
courts, except on extraordinary occa.
sions, when said county Courts shall
have power to appoint special terms, for
the transaction ofsuch business, and the
county courts shall have power to allow
to the drainage Commissioners, Survey
ors, Clerks and all others employed such
fees as they deem just and right to be
paid out Of the County treasury, and
charged to the drainage fund.
SEC. "a. 1t shall be the duty of all
Constables, Coronors, Sherif's, Justices
Of the Peace, County Surveyors, and
Grand Jurors to take notice of all tres
passes committed on such lands, either
by cutting timber or otherwise. and ie
take all legal steps under the laws Of thi.
State, to bring such offenders TO punish
ment.
SEC. &c. As soon as any Of the un
organized Counties Of this State become