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

and after its publication in the Iowa Cap
ital Reporter and Iowa Republican.
JAMES GRANT,
Speaker of the House Of Reps.
w. T.. LEFFINGWELL,
Presiden, OF the Senate.
Approved January 22d, 1858 ~
S. HEMPSTEAD.
SEcRzrARY's OrrcE, !
Iowa City, Jan IA, 1853.
I certify the foregoing to be true copy
from tho original rolls on file in this Of
flee.
GEO. w. McCLEARY.
Secretary Of State.
An act,o dispose ofthe Swamp and over.
flowed Lands within this State, and to
pay the expenses ofselec ting and Sur
veying the same.
SEC. /. Be it enacted by the General
Assembly Of the State of Iowa.
That all the swamp and overlooked
lands granted 10 the State of Iowa by the
&C. of Congress entitled can act 10 ena-
bic the State of Arkansas and other states
to reclaim the swamp lands within their
limits. Approved September 2a,h 1850
be, and the same are hereby granted TO-
the counties respectively in which tho
same may lie, or be situated, for the pur.
pose Of constructing the Necessary levee,
and drains to reclaim the same, and tho
balance ofsaid lands, if any there be, af-
ter the same are reclaimed as aforesaid,
shall be applied TO the building Of roads,
and bridges where necessary, through or
across said lands, and if not neeeed for
this purpose, to be expended in building
roads and bridges within the county.
! Sec. G. Whenever i, shall appear
that any Of the lands granted to the state
by the aforesaid act of Congress, shall
have been sold by the United States since
the passage of that act, it shall be lawful
for the said counties to convey said lands
to the purchasers thereof. the deed shall
be made by the county Court, as such.
and counterslgned by the Clerk of said
court, with the official seal thereof affix.
ed and on delivering said deed to tho
purchaser, the county court shall take
from him an assignment Of all his rights
in the premises, and as such assignee,
the said court shall be authorized to 70.
ceive from the United States the purchase
money Of said land and whenever any
lands embraced by the said act have
been located by county land Warrants,
since the passage thereof it shall be law.
full for such county in which the same are
situated to convey the same in the manner
aforesaid 10 the person, or persons who
located said warrants, and take an as
sgnment of the same to the county court,
which shall thsreupon be considered as
grantee of the State, and as such may
locate said warrants on any Of the public
lands belonging to tho United States with
in the limits of said county.
SEC 3. In all those counties where
the county Surveyor has made no exam
nations and reports Of the swamp lands
within his county, in compliance with
the instructions from tho Governor. tho
county court shall at the next regular
term thereof, after the taking effect OF
this &C, appoint some competent person
who shall as soon as may be thereafter,
after having been duly sworn for that
r purpose proceed TO examine said lands
and make due report, and plass upon
r which the topography ofthe county shall
: be carefully noted, and the places where
drains, or levees ought 10 be made mark.
\ ed on the said plats TO the county courts
!. respectively, which courts shall transmit
to the proper officers lists Of all said
4 swamps lands in each Of the counties lin
order to procure the proper recognition
+ Of the same on the part Of the United
). States, which lists after an acknowledge
# ment Of the same by the General Gov.
/. ernmsn, shall be recorded in q wei
!, bound book provided for that purpose
/, and filed among theRecords Of the coun
!. ty court.
. SEC. 4. The said lands shall be un
der the caro-, and superintendence Of thu
q county courts ofthe counties respective
~ in which the same are situated, ant
;. a, the mex. April election there shall b
i, elected an officer to be styled Drainag'
% Commissioner of The county of - VIII
r. shall within twenty days after his SAT-
q election enter into bond with good SO
d curi.y,to be approved by the county coul
payable TO the people of the State of low
is for the use ofthe Inhabitants Of the co.It
" in the penal sum of ten thousand do
i. lars, conditioned for the faithful perform
$, anco of all the duties required Of him, o
he which may hereafter be required Of hir
IN by law.
u, SEC. s. 1t shall be the dhty of tn
h. Surveyors in the several counties in III
IN State. who have surveyed, or shall sui
ID vey the said swamp and overfowed land
al in their respective counties to make o,
u plats Of all the swamps and overhowc
in lands in the several Townships, an
e. fractional Townships within their cour
s, ties, noting distinctly upon the same eve
cs ny tract. or parcel of swamps and ovel
Il. flowed land in each Township, the quar-
IL ,i,y. and quality thereof, as to whethe
the same be first, second or third rat
es and it shall be his duty TO return the sam
$, as soon as practicable and in reasonabl
~ time to the Clerks office of the Count
ID Court, and the aid Court at some regl
in lar term thereafter, or sooner if deeme
h. necessary, shall fix valuation upon &C
D. tract according to its quality put in r
nv case shall any ofsaid land be valued
ch less than twenty cents per acre, and Il