North Iowa times. [volume] (McGregor, Iowa) 1867-current, 1868-04-15
McGREGoR, IOWA, WEDNESDAY, APRIL l5 1868


AN ACT making grant Of land to the
McGregor and Sioux City Railway Com
pany, or in case of their failure to accept
the same, to the 43d Parallel Railroad
Company. and to execute the trust con-
terred by act Of Congress entitled IAN
act for grant of land to the State of
Iowa, in alternate sections, to aid in the
construction ola Railroad in said State"
approved May 18th, 1864.
SEcrIoN Be it enacted By the General
Assembly Of the State Of Io,cd, That all the
lands. rights and privileges that are arant
ed to the State of Iowa by an act of Con-
gress, approved May 18th, 1864, for tho
purpose Of aiding in the construction of Il
railroad from point at or near the foot of
Main street, South McGregor, in said
State, in westerly direction, by the most
practicable route, at or near the forty third
parallel Of north latitude, until it shall in
tersect the proposed railroad running from
Sioux City to the Minnesota State line.
in the county of o Brien. in said State of
Iowa, are hereby granted conferred to and
upon the McGregor & Sioux City Railway
Company, q corporation organized under
the laws of the State Of Iowa. ProUidea
said Railroad Company accepting the pro-
visions of this act shall Mt all times be SUBJ
ject to such rules, regulations and rates of
tariff for the transportation of freight and
passengers as may from time to time be
enacted and provided for by the General
Assembly of the State of Iowa; and .tur-
tier, subject to the conditions, limitations,
restrictions and provisions contained in
this act, and in the acts Of Congress grant
~ enid l,nlc m tho Ctoto T I,u.
SEC. 2. This grant is made upon the
express condition that said railway COM
pany shall have constructed and in run
ming order a line OF railway as required
by the provisions of the act Of Congress
making said grant to the State, and of
this act, upon the most practicable route,
on or us near as practicable to the forty
third parellel Of north latitude, running
within one mile of New Hampton, in
Chickasaw county, and running from
thence by way Of and within one mile of
ST. Charles City, Mason City and Algona.
until it shall intersect, in the county of
O'Brien, in this State, the proposed rail.
road running from Sioux City to the Min
nesota State line.
SEC. 3. THIS grant is conferred on the
McGregor & Sioux City Railway Company
on the further express conditions that in
case said company shall fail to haye its
railway built and completed in good run
ming order US far west as to Chickasaw, in
range IA in Chickasaw county, by the first
day Of September, 1869: or in case said
company shall fail to build and complete
in good running order at least twenty mi
les in addition in each and every year
thereafter and the whole of said railroad
by the first day of December, 1873, then,
and in case of any such failure, or on fail
ure to comply with any of the conditions
of this act, the State of Iowa may at any
time resume all rights conferred by this
act and resume all rights to the lands here
by granted and which may remain undis-
posed of to said company on account of
road actually built in compliance with the
terms Of this act Prorided that if in any
one year more road shall be built than is
required by this act it shall be regarded
and treated as road built the next succeed
ing year or years.
SEC. 4. This railway shall be construct
ed upon the usual gauge of other tirst-class
in this State, and shall be con-
structed and finished in style and of
quality equal to the average Of other first
class western railroads.
Sec. 5. The said company shall be en-
titled to the benefit of the selections of
land already made under the grant to the
State of Iowa, of lands to aid in the con-
struction of railroad from McGregor
westward on or near the forty-third par
ellel, approved May Il, 1864, and the line
located under said grant shall be binding
only so far as applicable to said selec-
tions.
SEC. 6. 1t is hereby made the duty of
the Governor when ten consecutive miles
Of railroad have been built in accordance
with the provisions of this act, to certify
that fact to the Secretary of the Interior,
and 80 on for each consecutive ten miles |
thereof, as the same shall be completed,
md whenever the said McGregor & Sioux
City Railway Company shall have complet-
ID in good running order, according to the
provisions of this act, its railway to n point
within one mile of st. Charles City, in
Flyod county, it shall be the duty OF the
Governor of this State to cause patents to
De issued to said railway company for one
hundred and fifty sections of said land,
md when the said railway company shalt
n like manner have completed its railway
o the east line of range twenty-five in
'erro Goruo county, then tue said Govern
'r shall cause patents to be issued to said |
ailway company for one hundred ard fifty
ections of land; and wh the said rail
way company shall in like manner have
ompleted it's railway to a point within one
nile of Algona. in kossuth county, then
he Governor shall cause patents to be is
ued to said company for one hundred and
fty sections more of said lands, and when
he said railway company shall, in like
manner, have completed its railway to the
little Sioux river, then the said Governor
hall cause patents to be issued to the said
ompany for all the balance of the lands
ranted for that purpose; Prorided, that
he said railway company shall not convey
r cucumber any of said lands prior to the
me it shall be entitled to patents therefor
s provided in this act, and this act shall
ot be so construed as to grant to said
ailway company, or any person or persons
any of said lands for any
abroad heretofore built,
Sec. 7. All lands embraced in said
rant which were entered prior to Janu-
ry. l, 1866, under the homestead laws Of
ne United States, shall be patented by the
GOVERNOR of this State, to the parties by
HON the same were SO entered, or to
leir heirs or grantees, upon the payment
Y them into the State Treasury within
no years from the passage Of this act, of
&c price of such lands as homesteads un-
or the laws of the United States, and the
loney so paid for such lands shall be held ,
,r and paid over to said railway company
4 i =
y said company by the extension Of said
pad as required in this act.
Sec. 8. 1t is further expressly provided
rat if said McGregor & Sioux City Rail
'ay Company shall fail or refuse to accept