Charles City intelligencer. [volume] (Charles City, Floyd County, Iowa) 1864-1866, 1866-03-22
McGregor Western Railroad.

MCtreg0r WeSUeTu hdllTUdu.
Senator Patterson has introduced a
bill in the Senate concerning the
McGregor Western Railroad, of which
the following is copy:
SENATE FILE NO. ls2. [BY PATTERSON.
A BILL
FOR AN ACT TO PROVIDE FOR THE CONVEY
ANCE OF THE LANDS GRANTED TO THE
STATE OF IOWA FOR THE USE OF THE
McGREGoR WESTERN RAILROAD COMPANY,
BY AN ACT OF CONGRESS PASSED JULY IL,
1854.
SECTION 1. BE 1t enacted by the Gene
raj assembly of the State Of Io,ca, That
when the McGregor Western Railroad
Company shall apply to the Governor
to certify to the Secretary of the Inte-
rior that they have completed one or
more sections of ten miles of said road,
according to the terms of " An act for
a grant of lands to the State of Iowa,
in alternate sections, to aid in the con-
struction of railroad in said State"
passed July 18th, 1864, granting lands
to the State Of Iowa for the use OF the
McGregor Western Railroad, it shall
be the duty of the Governor to cause
notice of such application to be imme-
diately given to the Clerk of the Dis
trict Court of each county through
which the forty-third parallel of north
latitude runs from McGregor to O'Bri-
en- county and shall, after the service
of such notice, give at least thirty days
land may extend such time from time
to time) to permit any person or per-
sons to file with the Governor affida-
Wits or other proofs that said Company
has not complied with the terms of the
act of Congress creating said grant !;
and when the Governor shall be salts
fed that said Company has completed
one or more sections of said road in
compliance with the terms of said
grant, he shall certify that fact to the
Secretary of the Interior.
SEC. 2. That when said McGregor
Western Railroad Company shall ap.
ply to the Governor for conveyance
from the State of any of such lands,
for any one or more sections of ten
miles of said road, claimed by them to
have been built, it shall be the duty o.
the Governor to cause to be served up
on the Clerks of the District Courts o
the several counties provided to be nc
tilted in the first section of this act, a
least thirty days before such conveyan
ces are issued.
|. SEC. 3. That after the service o
such notice, any person or persons, be
ing freeholders and residing in any o
said counties, may in their own nam'
or names commence an action in an,
county through which said forty-thirt
parallel of north latitude runs, east o
O'Brien county, which injunction may
be allowed by any Judge of the Su
prene or District Court, as provided by
law providing for the allowance of in
functions, and shall be tried by the first
method in chancery causes.
SEC 4. That it shall be sufficient
grounds for the allowance or sustain
ing of said injunction that said Compa
! nv has not built the amount of road
claimed, or that said road has not been
built in compliance with the conditions
of said act of Congress creating the
grant or of this act
SEC. 5. That such Injunction shall is
sue to the Governor restraining him
from patenting said lands to said Rail
road Company or its assigns !; and the
bond shall be for costs and damages
and shall in no case be more thar
$4,000 or less than 500, and in sucl
amount as may be ordered by the
Judge granting the same and if more
than one such action is commenced
and pending at the same time, they
shall be consolidated, and for that pur.
pose change of venue may and shall
be granted from one county or district
to another, and shall be to the county
nearest or in which the west end OF
said road may at the time terminate,
in which one Of said actions is pend
ing.
SEC. 6. That none Of the lands
granted by said act of Congress shall
be convened to said Railroad Compa
ny or its assigns until said Company
shall have completed at least seventy
miles of said road, according to the
terms of the act of Congress creating
the grant and when said Company
shall have so completed sixty miles Of
said road, it shall be the duty of the
Governor to convey to said Company
or its assigns three hundred sections
of said lands and for each ten miles
of said road thereafter completed ac-
cording to the terms of said grant, the
Governor shall convey to said Compa-
ny or its assigns an additional one
hundred sections of said lands and
when said road is completed according
to the terms of said grant, all of the
balance of said lands shall be so con-
veyed to said Company or its assigns !;
PrOrided, that when there are persons
occupying any of said lands, who were
occupying the same on the 18th day OF
July, 1864, the Governor shall convey
such lands to the person or persons oc-
cupying the same in amount not to ex-
coed one hundred and sixty acres to
any one person, on such person paying
to said Company or its assigns $3.50
per acre for the lands SO claimed by
him, or in case of said Company refus-
ing to receive and receipt to him for the
same, deposit that amount with the
Clerk of the District Court of the conn
ty in which such lands may be located,
for the use and benefit of said Compa-
ny, and take his receipt therefor, but
no such payment shall be made until
the said Company would be entitled to
said lands by virtue of said grant and
of this act.
SEC. I. No lease, mortgage, deed,
judgment, or other conveyance or en-
cumbrance of said lands or any part
thereof, by said Company, its assigns,
or any other person, shall be of any
validity or force until said Company or
its assigns shall be entitled to con-
veyance of said lands from the Gov
ernor, except the right to receive said
lands on compliance with the act of
Congress creating said grant and the
provisions of this act.