Smyrna times., 1865-05-11
OFFICIAL.
LAWS OF THE UNITED STATES.
Pssssd at the First Session Of the Thirty-sirhth
Congress.
fPUBIIC-No. S31

lPUBIIC-No. 49,
An IT TO amend act entitled "An act making a
grant of land TO the State of Iowa, in alternate
sections, to aid in the construction of certain rail-
roads in said Stlte," approved May Is, 1856.
BE enacted by the Senate and House of Repre-
sentGtiUes Of the United States of America, in Con-
aress assembled, That the Mississippi and Missouri
Railroad Company, corporation established by lhe
laws of the State of Iowa. and to which the said
st e granted portion Of the land grant mentioheu
an the title of this act to aid in the construction Oh
railroad from Davenport to Council BuflS IN saiu
State, may modify change the location OF the un-
completed portion of its line. as shown Oy tne map
thereof nov on file in the General Lana Ohce OF the
United States, to secure Oeltef ana more eH-
pe6ltiOus line for connection win the Iowa branch
of the Union Pacific railroads PrOUided, nevertheless,
That said new line if located shall in every case
mass through the corporate limits of the cities of
Dcs Mones and Council Bluffs; and the right of
way over the public lands Of the United States is
hereby granted to said railroad company for that
purpose PTOuded That said line shall pass through
the town of Newton, in Jasper county, or as near
said town as may be found practicable and not fur
ter north of said town than the north line of section
twenty-five, township eighty north, range nine
teen, according to the United States surveys if the
citizens of the county of Jasper shall first pay to
said company the difference in COST if any, between
the line proposed and the contemplated by this
ProvIso, including extra cost of right of way, any,
sad difference in cost TO be estimated by competent
engineers 10 be selected by the parties.
Sec. .. ARd be it further enacted, That whenever
such new location shall have been established the
said railroad company shall file in the General Land
Ohce at w ashIngtOn a map, definitely showing such
new location; and the Secretary of the Interior shall
ciuse 10 he certified and conveyed to said company
from time to time, the road progresses of
public lands belongn to the United States not
sold, reserved, or otherwise disposed of, to which
Pre-enption claim or right Of homestead settlement
has not attached aud which bona ide settle
ment and improvement has not been made under
0F foH
the State of Iowa. within six miles of such newly To-
clted llne amount of land per mile equal to that
originally authorized to be granted to aid in the
struction of said road by the to which this is
amendment; and if the amount Of land granted by
the original act to aid in the construction OF said
railroad shall not be found within the limit of six
miles from such line, then such selections may be
made along such line within twenty miles thereof:
Prortded That the said company shall not be enti-
tied to- and shall not receive, any land under this
grant whlch is situate within fifteen miles of the
hhc of the Burlington and Missouri RIVER Railroad,
as indicated by the map of said road, file in
the General Land Office.
Sec. 3. And be il further enacted, That the Bur-
llngtnn and Missouri River Railroad Company,
corporation organized under the laws of the State Of
iowa, and to which said State granted a portion of
tie land grant mentioned in the title of this act to
ala IN the construction of railroad ro1Rurngton
m SAID state to the Missouri river, shall be entitled
70 receive, and the Secretary of the Interior shall
c1use to be certified and conveyed to said company
IRON time to time, the road progresses out of any
public lands now belonging to the United States not
sold, reserved or otherwise disposed OF, to which
pre.emPton claim right of homestead settle
ment has not attached, and which bona fde set.
tIement and improvement has not been made under
color OF title derived from the United States from
the State OF Iowa, within six miles of said road, as
now located, an amourt of land per mile equal TO
tAat mentioned IN the act to which this act is an
amendment, as intended to aid in the construction
OF SAID road; and ii the amount of land granted by
the original act to aid in tie construction of said
road shall not be found within the limit of six mites
from the line of said road then such selections may
oe mace along such line within twenty miles thereof
See 4. And be 1t further enacted That the Ce-
"aF Napds and Missouri River Railroad Company
corporation established under the laws of the State
OF Iowa, and 10 which the said State granted nor
tiOn OF the land mentioned in the title to this ac,
may modify or change the location Of the uncom
pleted portion of its lne shown by the map there
of nile in the General Land Office OF the Uui
ted States, as to secure a better and more exped
tIous line TO the Missouri river, and to a connexO
with the Iowa branch of the Union Pacific Railroad
and for the purpose Of facilitating the more immed
ate construction of line of railroads across tn
State of Iowa, to CONNECT with the Iowa branch
tIc Union Pacific Railroad Company aforesaid, tn
sud Cedar Rapids and Missouri [River Raroa
Company is hereby authorized to connect its line b
branch with the line of the Mississippi and Nj,
souri, Railroad Company and the said Cedar Rapid
titled for such modified line to the same lands and
the amount Of lands pc. mile, and Tor sue
connecting branch the same amount OF land pr
mile originally granted TO aid in the constructlo
of It's main line, subject to the conditions and 10
feIt1rcs mentioned in the original grant, and, Il
the said purpose, right Of way through the publ
lands Of the United States is hereby granted to sa
Company And be ii further prOUided, That whe
ever said modified main line shall have been esta
shed such connecting line located, the said
l,rR md Rail-
shall file in the General Land Office of the Unite
States a map definitely showing such modified llT
and such connecting branch aforesaid; aud the Se
retArY If the Interior shall reserve aud cause to
certs d and conveyed to said company, from tin
h, time, the work progresses on the main lin
out e any public lands now belonging 10 the Unite
S!alrs, not sold reserved, otherwise disposed q
or 70 which prc-emptlon right or right oi hom
stead settlement has not attached, and on which
b ma hde settlement and improvement has not bee
made under color of title derived from the Unite
states or from the State OF Iowa, within fifteen m
"t the original main line, amount of land equal
at originally autho.ize1 To be granted to aid in Il
construction OF the said road by the act to whiC
thls Is an amendment. And if the amount of lane
per mile granted, or intended To be granted by Il
original act to aid in the construction of said ra
roid shall not De found within the limits of the Fl
teen miles therein prescribed then such selection
my be made along said modified line and connec
ing branch within twenty miles thereof PrOpide
kIrerer, That such new located modified lii
shall pass through near BOonsboro, in Boz
county, and inteFsect the Boyer river not furth
south than point at near Dennison, in Crawfo
county: And prOUided, further, That IN case Il
main line shall be so changed or modified not
reach the Missouri river at near the forty-seco
parallel north latitude, it shall be the duty OF sa
company, within reasonable time after the comp
ton of its road TO the Missouri river, to construct
branch road TO some point in Monona county, lh
at Onawa City; and TO aid in the construction
such branch the same AMOUNT of lands per mile u
hereby granted as for the main line, and the sar
shall be reserved and certified in the same manne
said lands TO be selected from any Of the unaPproP
aied lands as hereiabefors described within twen
miles Of said main line and branch; and said col