The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1868-04-03

| ~ ct state OF tins state, written
acceptance thereof by tie President
and Secretary Of said company,
within ninety days from the passage
Of this act. GNe
sEc. 3. In case said consolidated
company shall neglect to comply
with any Of the requirements of this
act, it shall forfeit to this state all
its franchises and corporate rights
acquired by or under the laws Of this
state, and all lands in such case
which have been granted to aid in
tho construction Of said road, or any
part thereof, by this state or the
United States, held by said CONSOLE
dated company, or by any person or
f! persons by through or under them,
| shall be forfeited and shall revert to
this state, any conveyance or incum-
brancc by said company to the con-
trary Notwithstanding
SEC. 4 Any person who, at the
date Of the filing in the proper de-
partment at Washington, Of the
maps showing the location of the
route or line. Of the Mississippi &
Missouri Railroad, in compliance
with the requirements Of section 6,
chapter l Of tho acts Of the Extra
session Of the Fifth General Assem-
bly,, was in the actual occupation,
and had made improvements on any
of said lands, and has remained in
the continuous occupation Of the
same to the date Of the taking effect
Of this act, and the grantees Of any
person. having such occupancy With
improvements when such grantee and
his grantor have been in such con-
tinuous occupation, shall have the
right to purchase one hundred and
sixty acres, of the land thus occu.
pied, and improved, upon the terms
and conditions hereinafter provided.
SEC. 5. Any person wishing to
avail himself Of the preceding Sec
ton, shall within four months from
the taking effect of this act, file his
application for such purchase in the
County court Of the county in which
said land may be situated, with the
proofs in writing, showing his right
to make such purchase under the
provisions Of the preceding section,
and showing that he has never di-
rsctly, or indirectly, received any
Of the benefits secured to actual set
tiers, on any lands embraced IN said
grant, either BY this act or by the
provisions Of section ten, eleven and
twelve Of an act in tho preceding
section mentioned. a copy of which
application and proofs shall be per-
sonally served upon the secretary Of
said Company. If such proofs shall
establish the right of the applicant
to make such purchase, and that he
has no. directly or indirectly, pur-
chased any other lands embraced in
said grant, under the provisions Of
this act or Of the act above mention
cd, the court shall give him a GER
tiicate setting forth such facts, =
copy Of which shall be personally
served upon the secretary Of said
company. The applicant shall,
within ninety days after the execu-
tion Of such certificate, pay to the
Treasurer Of state, for the use Of
said company. one dollar and twen-
ty-fve cents per acre for the lands
described in the certificate, for which
the Treasurer shall execute dupli-
cate receipts, ono Of which shall be
indorscd on said certificate, and the
other shall be delivered to the Sec
rotary Of said company. Either
party shall have the right to appeal
from the decision of the county cour,
to the District court in the same
manner as appeals are taken from
the judgments Of Justices of the
Peace, within ninety days after the
decision Of the county court, and
the Same shall be tried in the
district court as a cause
triable by the first method Of
trying equity causes. the applicant
being the plaintiff and the company
the defendant. aud the court in its
final decree, shall make such order
touching the title and disposition Of
the moneys deposited with the state
Urea sur CT as the law and facts re
quire. When no appeal is taken in
the time above described the title
shall vest in the applicant, and the
moneys 50 paid to the Treasurer Of
state. shall be held by him aud paid
to said company, when it shall have
been vested with complete title to
said lands under this act.
sEc. 6. That nothing contained in
this act shall be SO construed as to
affect any rights heretofore acquired
by third parties to any lands claimed
under said grant, and the provisions
Of an act Of the General Assembly
Of Iowa, entitled IAN act to quiet
the title to certain lands sold by the
state Of Iowa to individuals as part
Of the Des Moines River Grant. /"
approved April ?, 1866, are hereby
ratified and confirmed. Provided,
That said consolidated Railroad
Company shall relinqulsh to the
county Of Pottawattalnie all right
or claim which it now has, or may
hereafter acquire, to any bonds or
agreements to take stock, or indehs-
edncss heretofore vstcd by the coun-
tv Of Pottavattamie to, or in aid Of