Sioux City register. [volume] (Sioux City, Iowa) 1858-1871, 1867-02-02
Proclamation,
state OF Iowa, Woodbury. County

/ In pursuance Of the following order Of The
Board Of Supervisors Of Woodbury. County,
aforesaid. I, JOHN HAGY, Sheriff Of said
county. do hereby proclaim aud make known
that Speci>l Election will be hello in said
County on the ll'h day Of February, A. D..
1867, at which time poll will be opened Al,
each p lace Of voting in said County, by the
usual officers, for holding elections, to vote
upon the pr"positio" contained in the said
order Of the Board Of Supervisors, which is
in the words following, to-wi,:
The matter Of the transfer of the swan .
and 0vethowed lands Of Woodbury. County 10
the Sioux City and Pacific Railroad Compa-
ny coming on for hearing upon the draft Of
the contract in that behalf here produced, it
is now here ordered that the same be ADOPT
I'd by this Board. the Chairman and Clerk of
the Board Of Supei visors for aud in behalf
Of Woodbury. County, forthwith execute in
duplicate contract with the Sioux City and
Pacific Railroad Company in the words and
figures as follows, to-wit:
This contract made by and between the
Count y of Woodbury., in the State Of Iowa,
party OF the first part, and the Sioux City
aud Pacific Railroad Company party of The
second part. Witneseta, That The said party
of the first part IN consideration of the sum
of one doHar paid by the said party Of the
second part, the receipt Of which is hereby
acknowledged and for the further consde-
ration Of the several stiru'a,ions. agreements
and undertakings hereinafter mentioned to
be kept, done and performed by the said
party OF the second part. and for the pur-
pose OF making aid aiding in making Rail
Road through the said County of Woodbury.,
to-wit: The Rail Road contemplated to be
built by the said party Of the second par,
from Sioux City, in the said County oil
Woodbury., in sou,her'y direction 10 an
intersection with the Cedar Rapids and NJ
souri, River Rail Road at some point near
and westerly from st Johns, in Harrison
County, IN said State--and thence westerly
to an intersection with the Iowa Branch OF
the Union Pacific Railroad, which said Rail
Road is to pass through said Woodbury.
County from Sioux City aforesaid to the
| south boundary line "fsaid County of Wood
bury, the said party of the iirs, part does
hereby grant, bargain and sell u,to the said
party of the second part all aud singular
the swamp and overtlowed lands together
with all OF the interests, rights, powers and
privileges which the said Coun,y of Wood
bury has now or may hereafter acquire to
such lands within the said county, aud also
all Of the moneys, evidences of Indebtedness,
land scrip, warrants, indemnity lands, and
other valuable things what.oeyer which the
said County of Woodbury. has acquired and
not disposed Of Or may acquire hereafter BY
| virtue Of any laws Of the United States or
1 n! ali ,aI a.
may hereafter br enacted, giving to the said
! County Of Woodbury. swamp or over0owcl
| lands, ur value in lieu or consideration
! thereof, it being the intent anI meaning
hereof TO give to aid vest in the said party
the second part all ard every rish, and
in crest which the said Woodbury. County
now has or may hereafter acquire under the
| laws relating 10 swamp or ovrrtlowed lands.
as fully AS The satn- row are or harcat. r
ua. he in the said Coun,y If Woodbury.
| Pror'ded honcrer. That this grant is made
s'hj-ci I" III. cond'tions imposed by law in
relation 10 such grants. and that The title to
n" Lands and other pr ,per,y herein men
| ioncd and contemplated shall no, vest in
'h.. said patty OF The s~cond part until the
SAIL Ea'l Road shall have been hui t. equip
led and IL pr.c'ical op"ra,i,n from its said
aud Missouri, River Rail r nd to the depo,
yr.unIs t. be selected and 10 a,ed as here.
matter SIT forth in the tow" or city Of Sioux
| C"y aforesaid and provided. further, ,ha,
the same shall he built by the first day OF
D"cemb~r, A. d lS6S. a"i n t only bui,
hu, squ'pn-d ard operated TO the depot
to be built in Sioux City on the depo,
gr""nh- to be- s.l ct,d by the citizens o
| H.
October ooh, 1866. And the SAID party o
he s.coni part in consideration of the pre-
misses dors hereby agree to build the said
Rail Road within the time herein above
indca, ed. ind also to build a suitable depo,
building on the grounds IN Sioux City above
mentioned, aud to cause the same to be
operated TO a"d from the said dep,. building
IN or before the sad first day OF December
A. ID. 1868. And the SAID patty of the sec
ond part takes the said hands subject to all
the provisions Of the Act Of Congress oi
| September 2Slh. 1880. and does al hereby
expressly release the State Of Ipwa, and ,he
SAID G unity Of Woodbury. from all liabilities
for reel lining said land. and agrees to keer
the said County OF Woodbury. harmless
from all fexIenses and Iiabih,i les for d,ches
iesees. or other~ise reclaiming Of the same
| And the said party OF The second part, al
| so agrees to carry out and execute all con
tracts and agreements heretofore made by
said county OF Woodbury. in relation TO the
sale or disp'sal of said land (if there be any
snch) either to purchaser or pre-enptors
under ths,laws of the State, within a reason
able time after abe title to the sau,e shall
have passed as contemplated herein and
also to pay all liabilities, which the said
county may have incurred, and yet remain
ing unpaid, in and a5 ut securing the said
lands aud scrip aud moneys to the said
county. 1t j. ESQ agreed aud unders,oo
that il the said Railroad shall not be bull,
equipped, and in operation az herein above
stated, in the county Of Woodbury., By the
lst day If December. A. ID. 1868, then ,hi.
Roontsact 10 to be void bat il The said Rail
road shall be 20 built and operated wi,hir
the limo aforesaid. then within n reasonable
time after the said Railroad shall be 80 bull
and as soon As the same can reasonably be
done, tho sMij party Of the first part agrees
10 psy over nnd deliver 10 the said party O
the second part, or the successors and as
signaof the said party Of ,he second par,
The moneys aud property herein ccntempla
ted. and to convey rs aforesaid by suilicien
deeds and other !wsitings, all such property
herein contemplated, Gs does NJ. pass b,
delivery merely, and II, case the said count
shall not y the time ,nen,iored fur maxim,
the conveyance aud delivery as. nf resa it
have acquired the title 70 MI Of the said la nd
or NIL OF the sAIi Aabney, scrip or other pro
perry contemplated herein, then so 500,
thereafter as the same shall have been &C.
i quired, the proper transfer. eo., yeyance an,
i "A 4 kNoeA H. L. Al