The Iowa transcript. (Toledo, Tama County, Iowa) 1858-1866, 1860-11-15

be filed in the Office OF the Secretary Of
the State Of Iowa, within ninety days
after the approval Of this act by the
Governor, it shall take the same with
the conditions imposed and incumbran-
ces specified in this act; and shall in no
event have any claim or recourse what
ever upon the State of Iowa, for a mis-
application Of said grant, membranes
or conditions in this act imposed.
Sec. 4. It is hereby further provided
that said Cedar Rapids and Missouri
River Rail Road Company shall be en-
titled the full amount Of land authorized
by said act Of Congress, as the work
progresses, for the first three sections
Of road, Of twenty miles each, which
shall be constructed by said Company ;
but thereafter as the work progresses,
they shall be entitled to an equal pro
rata apportionment remaining subject
to appropriation in aid of this work, to
be ascertained by division of the
quantity Of land 50 remaining, by the
number Of whole sections Of twenty
miles each, extending from the point of
construction then reached to the Mis-
souri, River.
Sec. $. 1t is further expressly pro-
vided, that this act shall not be 30 con-
s,;rucd as to give title to any portion Of
said lands to the Company accepting
the provisions hereof, otherwise than as
the work progresses and as provided in
the act Of Congress aforesaid, conferr-
ing the lands upon the State OF Iowa,
namely: When they shall have COM
pleted each section of twenty niles OF
road aforesaid, they shall be entitled TO
the amount Of land apportioned thereto,
and not before; and they shall not be-
come entitled to the first one hundred
and twenty sections authorized by act
of Congress, until such first section of
their road shall have been completed, at
which time they shall become entitled
to the first apportionment of land. Nor
shall this act be 80 constructed as in
any manner to prevent the General As
sembly of this State from resuming, up
on failure of either of the conditions
named in the second section of this act
all lands to which the said Company
shall not have then become entitled by
completion of one or more sections as
aforesaid Of the said road.
Sec. 6. And it is further expressly
provided that said Company shall build
or cause to be built before the first day
Of January, 1861, Railroad Of like
guagc and equal in quality to the Chi
cago, Iowa and Nebraska Railroad from
Pearl Street,in Lyons City, to point Of
intersection with the said Chicago, Iowa
and Nebraska Railroad within the cor
porate limits Of Clinton City, with such
switches and side tracks as the business
Of said town Of Lyons may require; and
to operate OF cause to be operated the
same by running passenger and freight
cars Of the same class, with those used
by the Chicago, Iowa and Nebraska
Railroad, in close connection forever
with all regular trains at any time run
on said Chicago, Iowa and Nebl aska
Railroad, without occasioning any un-
necessary delay to freight or passengers
at said point Of intersection; and the
charge per mile for transportation of
freight or passengers shall never exceed
the regular charges for like service on
the Chicago, Iowa and Nebraska Rail
road; the intent and meaning of this
section being to secure to the citizens
Of Lyons the same privileges and bene-
fits Of . Railroad connection that are
enjoyed by any other place on said Chi
cago, Iowa and Nebraska Railroad !;
and it is hereby expressly provided that
no lands shall be certified by the Gov
ernor to said Cedar Rapids and Mis-
souri River Rail Road Company until
they have complied with allthe require
ments Of this section.
Sec. Z. Said Company shall not CON-
mence to build or construct said Road,
at any point further west fromthe Mis-
sissippi River than the town Of Marion
in Linn County, Iowa, and the Govern
or Of the State shall not certify any Of
the lands herein transferred to said
Company, until that portion Of the road
between said town Of Marion and the
city Of Cedar Rapids, together with %
much more Of said road as to make ii
the aggregate at least twenty miles,
shall b completed, equipped and op-