Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1868-06-12

Lnouqu0 ana Sioux City HuilrOad "A
remains to be constructed, together
with the franchises, right Of way,
depot-grounds, and other appurte.
nanccs Of said road TO be completed,
also transferring all right and title OF
the said Dubuque and Sioux City
Ratlroad Company to 50 much OF the
lands granted by Congress to aid in
the construction OF said road ns shall
appertain TO, or be legally applicable
70 the construction OF the unconi-
Pleted part Of the Dubuque and Sioux
City Hailroad Company as aforesaid,
except as TO the lands hereinafter
granted to the Dubuque, Bellevue 4
Sabuia Railroad Company be and 10
hereby legalixed and confirmed.
SEC, = That the pro rata of six
sections or land per mile, reserved by
said contract to the Dubuque and
Sioux City Railroad Company, and
the pro. rata Of six sections per mile
conveyed BY said contract 70 said
iowa Fails q Sioux City Railroad
Company, shall be adjusted between
said companies as follows, to wit:
The land actually conveyed to third
Parues shall be set apart TO said Du-
buque and Sioux City Company, not
exceeding SIX sections per mile for
The road now built, and Ii over that
number OF acres Of land have been
conveyed, the excess over that
amount shall be taken Off Of the
west end of tho last installment of
the lands SO conveyed; and In case
Tess tnan that amount Of lands have
oeen conveyed ms aforesaid, then a
sufncient amount shall be taken to
make up such pro rata from that
| Portion ol the iand-grant next ad-
Joining and Immediately west as
near rs practicable, 10 the lands last
conveyed BY said Dubuque and Sioux
City Railroad Company.
SEC. 3. That a pro rata Of six SEQ
tions rer mile of said land grant be
and the same is hereby granted to
anu conferred upon the DUBUQUE,
Bellevue and Sabula Railroad Com
pany to aid I'm the construction OF
said road, known as the Tete Des
Morts branch, required to DO built by
the act OF Congress granting said
lands TO the State Of Iowa provided,
That said company shall not encum-
ber or dispose Of said lands until tile
said branch road shall be completed
anu open for business, and that said
branch shall be completed within
two years from the first day Of Janu-
ary next. Said lands shall be of an
average quality and value Of 30 much
OF said lands granted by the United
states as now remain undisposed of,
and the Governor Of Iowa shall So
iect, or cause to be selected, the land
hereby granted To said Dubuque,
Bellevue and Sabula Railroad Com.
pany, or cause the same to be reserved
from lands outside of the six.mile
limits OF said grant, aud upon COM
pietion OF said branch rs above pro-
vided, he shall execute patent for
said lands to said company.
SEC. 4. That so much OF said land
grant as Ii applicable to the uncom-
pleted portion of the road as afore-
said, west OF Iowa Falls, excepting
the lands hereby granted to said Du-
ouqueI Bellevue aud Sabula Railroad
Company, IL hereby granted to and
conferred upon the said Iowa Falls Il
Sioux City Railroad Company; SUBJ
tect TO the tcrufs and condition OF the
act OF Congress granting said lands,
dated the fifteenth day OF May, A. ID.
1850, aud the act anendatory thereto,
aid the act Of Congress passed the
present session; and also subject TO
the terms and conditions of;tkis act
as herein expressed as follows, to wit:
The road shall be completed ms a
first-class road from Iowa Falls on
the route now surveyed, located, and
partly graded, through Webster City
and Fort Dodge, and the depot build.
ings shall be erected on the grou nds
heretofore donated by the people OF
said towns for that purpose, and shall
be completed thence to Sioux City,
which route shall be- at NIL points
within the limits OF said land grant.
The track Of said road shall be laid
with a good, substantial rail, weighing
not less than fifty-six pounds per lin.
ear yard. The road shall be complet-
ed to Fort Dodge by the first day of
July, 1859, the time now fixed by act
of Congress one-half OF the balancc
within one year from that time, and
the remainder before the first day OF
January, A. ID. 1872; and said road,
when any twenty miles shall be com.
pleted, shall be subject to the lease of
the Illinois Central Railroad Com.
pany, transferred 10 the Iowa Falls
and Sioux City, by the Dubuque and
Sioux City Railroad Company, and
shall DO operated ms one continuous
and unbroken through line OF rail
road from Dubuque to Sioux City.
SEC. 5. Said lands so granted a.
aforesaid, To the Iowa Falls and Sioux
City Rail Road Company, shall he
patented by the Governor to said
company as the same shall be earned
by the building Of said road, but no
patent shall be issued by him for
any portion OF said lands until at
least seventy-five miles of road shall
be.completed, and mo patent shah
be made for any lands more than for.
~ miles In advance of the point 10
which said road NAV BE- Constructed
from time to time, y rs provided by
said act ~ Congress. No patent shall
! &c made for any lands located within
ffty miles of Sioux City, until said
company shalt have ifs entire road
completed to Sioux City, except for
such road as said con, pally may cause
to he built and operated from Sioux
City eastward, and when said cOSnpa-
NY shall have forty miles Of road
built and operated from Sioux City
eastward, then this restfiction shall
cease, and such lands may be patent
ed for any road built by said conipa-
NY; aud no patent shall include
lands situate In more than one cousi-
ty, and such patent shall be, by said
company, recorded in the county
where said lands lie, and certified
cOpy OF the record Of the same may
be. used as evidence with the same
effect as the original, aud In case any
Of said lands hereby granted are now
and were on the first day OF January
last, occupied by actual settlers resid-
ing thereon and improving the same.
upon such settler making proof TO
the satisfaction Of the Register or the
State Land ONCE OF such settlement
and Improvement, he shall be enti-
tied to purchase not exceeding one
| quarter section Of land Of the State
ct the rate OF $3.50 per acre, aud
when such land shall have been
earned by the extension Of said road,
upon the payment to the said com.
pany OF said sum, the Governor shall
execute patent TO such actual set
tier for said land.
6EC. 8. The Legislature shall have
the power to resum0 the lands not
earned at the time Of such reyump-
ton, on default OF said company 70
build said road to Fort Dodge by tile
0rst day OF July, 1859, or any portion
OF the road within the time limited
herein, or In case they shall be satis-
| fied that said company u not push
ing forward the work on said road
- -. go 49,