Santa Fe gazette. [volume] (Santa Fe, N.M.) 1859-1864, 1864-07-09
(NUMBER 4 NEW SERIES)

oHoll uc CVHotIu utu W lnleTleTe WIN, Vi Ill
any manner impair any rights acquired by
any railroad company named in the act to
which this is an amendment or the rights
of any corporation, person or persons, &C.
quired through any such company; nor
shall it be construed to impair any vested
right of property, but such rights are here
by reserved and confirmed: Provided, how.
ever, That no lands shall be conveyed to
any company or party whatsoever, under
the provisions of this act and the act am
ended by this act, which has been settled
upon and improved in good faith by bona
Gde inhabitant, under color of title derived
from the United States or from the State
of Iowa adverse to the grant made by this
act or the act to which this act is an am
endment, But each of said companies may
select an equal quantity of public lands as
described in this act within the distance of
twenty miles of the line of each of said
roads in lieu of lands thus settled upon and
improved by bona 6ie inhabitants in good
faith under color of title as aforesaid.
Sec. 5. And be it further enacted, That
the Mississippi and Missouri Railroad Com
pany shall have the right to transfer and
assign all or any part of the grant hereby
made to said company to any other compa-
ny or person Or persons, if in the opinion
OF said company, the construction of the
said railroad across the State of Iowa will
be thereby sooner and more satisfactorily
completed; but such assignee shall not In
any case be released from the liabilities
and conditions accompanying this grant,
nor acquire perfect title in any other man.
ner than the same would have been acquir.
ed by the grantee, herein named: Provided,
That said transfer and assignment shall
first be authorized by the Governor of the
State Of Iowa.
Sec, 6. And be it further enacted, That
the Dubuque and Sioux City Railroad Com,
pany may so far change their line between
Fort Dodge and Sioux City as to secure
the best route between those points; said
change shall not impair the right to, nor
change the location of, their present land
grant. A mapoG the change shall be filed
with the Commissioner of the General Land
Office within one year after the passage cf
this act.
Sec. I. And be it further enacted, That
all of the conditions and limitations contain.
ed in the act to which this act is an amend.
ment, ard not expressly changed by this
act, shall attach to and run with the grants
made by this act, except as the said condi-
tions and limitations have been modified,
and may hereafter be modified, by the Gen.
eral Assembly of the State of Iowa.
Sec, s. And be it further enacted, That
no lands hereby granted shall be certified
to either of said companies until the Gov.
ernor of the State Iowa shall certify to the
Secretary Of the Interior that the said COM
pany has completed, ready for the rolling
stock, within one year from the first day
of July next q section of not less than
twenty miles from the present terminus of
the completed portion of said railroad, and
in each year thereafter an additional sec.
tion oftwenty miles; but the number of sec.
tions per mile originally authorized shall
be certified to each company upon proof
as aforesaid Of the completion of the addi-
tiona sections, of the road as aforesaid.
And upon the failure of either company to
complete either section as aforesaid, to be
annually built, the portion of the land re.
naming uncertifed shall become subject
to the control and disposition of the Legis.
lature of the State of Iowa, to aid in the
completion of said road.
Sec. 0. And be it further enacted That
all lands hereafter certified to either of the
land grant railroads in said State, and lying
opposite any completed section of such
road, shall be offered for sale by the com.
pany to which they shall be certified with
in three years from the completion Of such
section, if then certified; and if not, then
within three years from the date of such
certificate at reasonable prices; and if not
all sold within that period then during the
fourth year all such lands remaining un.
sold shall be exposed to public sale, after
previous notice posted at the county seat
of the county in which such lands shall be
situated, to the highest bidder, and in
tracts notexceeding one hundred and sixty
acres each,