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

book, and filed among the records of the
office.
SEC. 6. After the Surveyors have 70.
turned the plais aforesaid, and the valua.
tons have been made, and recorded as
aforesaid; tho said Court shall fix upon
the proper time for selling said lands.
which shall in all cases be at the county
seat. and at the Court House door of the
several Counties. The said Courts may
order the whole Of said lands to be sold
from time to time as they may deem ex.
pedent and all such orders so made by
them shall be entered on record in said
book.
SEC. z. The said Drainage Commits.
sioner shall be notified in writing by the
Clerk of all such orders, and within rea.
sonable time thereafter not exceeding ten
days, he shall give at least forty days
notice Of the time and place thereof, by
publishing the same in some newspaper
printed in the County, or if there be no
such newspapers, then by posting up two
notices thereof in each election precinct
in the County, for the like period of forty
days before said day of sale, tho said
notices shall contain an accurate descrip.
ton of the lands to be sold, and shall
specify the time. place, 81 terms thereof. s.
THAI tsae salo will be at public auction, be.
tween the hours Of 10 o'clock A. M. and
5 o'clock P. NJ. of thu day fixed there.
fore, and that the same will be continued
from day to day if deemed necessary.
SEC. 8. In conductingth sales the
said Commissioner shall sell the same in
snch order, as may be directed by the
county court, no tract shall be sold for
less than its valuation, and the same shall
be cried separately, and long enough TO
enable any one to bid who desires il.
SEC. 8. The terms of selling said
lands shall be to the highest bidder for
cash. the amount Of which however, may
be discharged by the purchaser in labor
to be performed in manner, and accord.
Ing to the terms hereinafter specified.
SEC. 10. Upon closing the sales each
day the purchasers shall each pay, or
secure the purchase money. according
to the terms of sale, or in case of his fail.
ure to do SO by 10 o'clock the succeed
Ing day, the track purchased shall be a.
gain offered at public sale on the same
terms as before, and if the valuation shall
be bid, the same shall be s:rick-
en- of, but if the valuation be not
bid. the tract shall DO set down as not
sold, If sale is not made the former pur.
chaser shall be required to pay the differ
ence between his bid and the valuation
Of the tract, and in case Of his failure to
make such payment, the drainage Com.
missioner may forthwith institute ali &C.
ton OF debt, or assumps it in his name
for the use Of the Inhabitants ofthe prop
er county for the required sum, and up.
on making proofshal be entitled oiudge.
ment with costs Of suit, which when col.
lected shall be applied as other moneys
arising from the sale oflands.
Sec. II. Upon the compilation Of eve
ry sale by the purchaser, tho Commits
sioner ahall enter the same in sale book
kept for that purpose, and shall deliver
to the purchaser certificate of purchase
stating therein the name and residences
Of tho purchaser, describing the land
sold and tho prioo paid therefor, which
certificate shall be evidence of the fact.
therein stated, and when presented tc
the County Court it shall be the duty Of
said Court TO execute to him deed in
fac simple for the land therein described
signed in the official capacity of said
court, and countersigned by the Clerk Of
said Court, with the official seal thereto
affixed, which said deed shall vest in the
purchaser an absolute title in fec simple
OF said lands therein described
SEC. l2. The said County Courts
shall cause the said lands to DO drained
by the construction Of proper levees,
and drains necessary to reclaim the same
and when it becomes necessary in the
construction oflevees and drains to pas.
through private property, a just compen-
sation shall be made to the owner, or
owners thereof if damage has been done
such property to beascertaned in the
same manner as provided in the road
Jaw how in force in cases Of roads.
SEC. l3. The Surveyors employed to
survey and locate said swamp land shall
also report to the County Courts all the
lands in their respective Counties, which
are susceptible Of being drained or re-
claimed in all cases where said informa.
ton cannot be Satisfactorily had in some
other way with an estimate Of the proba.
Bile cost thereof. and al some regular
term after said Courts shall divide all
such diainable lands in their counties in
to sections numbered one, two, three &C.;
and whenever there shall be sufficient
Of lands sold to complete one OF more
sections the same shall be as soon as
practicable put under contract and opo.
rations commenced thereon. and in like
manner shall the work progress until the
avails of said lands arc expended or the
work completed.
Sec. Ia. The said County Court shall
cause the work to be done on the said
sections to be let out at public sale to the
lowest responsible bidder. and j. shall be
J the duty Of the drainage commissioner on
being ordered by said court so to do, to
give at least four weeks notice ofthe time
and place ofsuch lettings, by putting up
notices thereof in six of the most public
places III the county, and in case there
shall be newspaper printed in the coun.
ty then by causing similar notice there.
Of TO be published in the same, for like
period your successive weeks before
the day Of such lettings, and the said no.
tees shall contain specifications of the
work to be done to be made out under
the direction, and control of the county
court, provided that two or more counties
may reclaim swan lands in con JUNCTION,
and in such cases each county shall