Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-05-29
LAWS OF IOWA.
Published by Authority.
CHAPTER Il

AN ACT Prescribing the terms and condition.
on which the state will rehnquisb and convey
10 the nes MONIES Valley Railroad COMPANY
certain nights and privileges III respec,to tbs
resumption of Lands heretofore granted I.
sand tUinpanv.
WHEREAS. by act OF Congress approved Au
gnst ., ISIS, there WAS granted to the then Terri
tory Of Iowa, certain laads to aid the improve
ment Of the Des Moines kiver, III SAID Territory
winch grant The state OF Iowa by Joint resolu-
ton to tue General Assembly, approved April
:! ISL accepted 10, the purposes therein speei-
lied aud
wnsHsAs, rho General Assembly Of this
State. by au act approved March ~. ls5s, grant
ed such portion OF said lands as had not been
previously disposed of, to the keokuk, Fort
Des MoinesA Minnesota Railroad Company, to
AID In the construction OF railroad from the
city of keokuk up along the valley of the Dcs
MONIES TO the nothern line Of the state, in the
direction of the southern bend of the
Minnesotaor st. Peters River, and providing
that said grant should become operative when
the consent Of Congress TO the diversion Of said
lands should be obtained. or the title thereto
vested IN the State; An also imposing upon said
grant certain conditions and restrictions, anon 2
which il was provided that said company would
complete sesenty-fvs miles Of said road within
three years, and thirty-three miles each wear
thereafter Tor tive years. and the whole line on
or before the lat dav of December, ls6s; and
WaEaEAs, Such consent cf Congress to the di-
version vas given by On act approved July y,
1864, and said company afterwssd accepted sal
grant and
wHEasAs, Said Keokuk, Fort Des Moines 4
Minnesota Railroad Company is now known ~
an. cslled the Des Moines Valley Rsilro I'd
Company and
wHsasAl, Said Railroad Toompanyl is in de
fault in respect TO the time Of construction Of
said road, and IN the performance Of other cen.
dit,ons OF said grant. whereby the State has the
twht IN - ri. - 49, L.. l..
therefore.
SEcIioS L. Be IL esattsd BY the General A.
sesnbty Of the State of Iowa. That the reserved
rights and interests Of the State in respect to
the resumption and disposal Of said lands are
hereby relinquished TO and conferred upon said
manner, and upon the performance Of the con-
ditions precedent by said Company, as hereln-
after set FORTH ard not otherwise. viz:
first-That it shall b the duty Of the Regis
ter of the state Land Office ~ soon a. practica-
bic. and before the 1t day Of July, 1858, TO Get
apart and reserve from the remaining river
lands within the grant and lying in place ne n
north OF township No. ninety, and upon which
there are NO settlers claiming Homestead tights.
and exclusive also of the ten sections set apart
and sold to 5. L. Taft, one thousand acres of said
landsw which shall be especially held &c secure
the payment Of the cleims described in sections
and of chspter % of the laws ofthe Eleventh
General Assembly OF Iowa, and also of such
Chains as have been or may DO allowed to the
presen; General Assembly.
Sscond-That if tho said Des Moinss Valley
Railroad Company shall fail to pay in full and
discharge all the claims in the preceding para
graph mentioned. by or before the lst day Of
July next, then II shall be the duty of the Reg
lister OF the State Land Office, and he 10 here bv
required TO proceed immediately to sell at his
ONCE in Des Moines for cash, to the highest bid.
der for not less than one dollar and 6ftv cent?
al hal aud t,-s =
ing paragraph, or so much thereof rs sh all pro,
duce the amount OF money remaining due and
unpaid on such claim; provided that lie shall
hrst adv ertse the sale Of such lands for not less
than sixty days in four different newspapers
published one in Springvale, one in Fort Dodge,
one in Des Mones, and one in keokuk, Iowa
and provided further, that such lands shall Be
cold BY him in quantities not les than forty
acres nor more than one hundred and si xty
acres each, and that the warrant on the State
Auditor on account of the claims Aforesaid shall
be received a. cash in payment OF lands bought
company shall hsve the right to pay said claims
at any time before such sale of .hs lands.
Thrd-Thst upon such sale aud payment Of
the purchase money, the Register shall issue
certificate Ia the purchaser, showing the land
purchased BY him and the amount paid therefor;
and upon the presentation thereof to the Cover
nor he shall execute to the purchaser . deed in
the name Of the State Of Iowa. without warran-
ty, conveying the lands so purchased, which
deed shall be efiectual 10 pass all the right and
title thereto now held BY the State, or which
may hereafter acquired By the State from the
United States; and all moneys. the proceeds of
the sale Of lands as aforesaid, shall be by the
Register paid into the State Treasury tor the
holders Of the unpaid claims herein provided
for, which shall be paid in tia order specified
in section Of chapter % OF the laws OF the th
1enerai Assembly. upon the production and
surrender OF the warrants therefor; and il there
should be an amount insufficient TO pay the same
IN full! the same thall be paid pro rata; and il
there shall remain . balance after paving the
same in full. snuch balance shall be psid over to
said railroad company.
fourth-That the Register of the State Land
Office SHALL - soon rs practicable and prior 10
the LIST Gay Of July next, select from the lands
embraced in the said act Of Congress, approved
July ~, 1869, excluding the lands reserved and
described In the 6rst paragraph thereof. one
hundred thsussnd acres Of ssid had u average