Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-05-29

vaue a. near as practicable, and embracing tie
ten sections sold TO >. IL. aft, and the lands
selected, rs well as the proceeds Of any portion
thereof row sold, Ehali be held aad applied tx
Ciusively for the construction OF SAID railroad
above Des Ncines as now provided by law and
shall be conveyed and patented TO sald railroad
company, or to such person persons US thef
shali direct, oily upon tns completion o. sstl
railroad to the town vi Fort Dodge, situated on
the east aide O; the Dts MONIES river, within
the year 1870 which SAID company agrees 70 DO
aad the dence of such CON petion ST. sill be tile
running OF trains into said town WITHIN the time
specified, ene none of SAID lands shall be paisn-
ted until such completion, and the proceeds
Of any portion Thereof sold under provisions Of
existing law shall be 1t the same time pad over
TO said railroad company The sslo railroad
company shall also have not less than % miles
OF oaid rosd from their present terminus graded
during the present and ensuing calendar year.
nj i.lh-Thst as soon as satisfactory evidence
email be furnished TO the Governor that eli the
| claims herein provided for have been settled
aud paid, or fully discharged, whether by the
sale of the land, Or BY payments made by said
rs,iroad ,mpany, he shall execute and deliver
70 the Des Aoines vallsy Railroad Company, or
70 their assigns, . deco Or deeds in the name Of
the State Of Iowa. without warranty, for ali the
lands embraced in the said act Of Congress, ap-
| hundred thousand acres hereipbefore reserved
for the construction OF said road above the city
| of Des holnes 10 Fort Dodge; and except also
an EN- aced in said grant hich NAV have
| been reserved by au net passed prior hereto by
| the State OF lowator the protection or benefit Of
| settlers or persons claiming homesteads there
| on and the settlement made and approved June
| 10Th 1868 bv the Census board OF the State Of
Iowa with the Des MONIES Valley X. X. Co., and
| the settlement with the United states therein
referred . are hereby ratified and confirmed
SIC. 2. In al non compliance by SAID
| railroad company with the foregoing condi-
| tons by ii 10 be performed, the without further
| legislation this act shall have the force aud eff
| feet OF act OF resumption, and all rights OF
| said company in and 10 said lands or any part
| thereof heretofore or hereby granted TO said
company. aud not a. the time OF such failure
| sctuals conveyed by the State to said company,
| shall be forfeited TO and reinvested IN the state
OF Iowa, Us full as if the grant thereof had new
er been made bv the State.
| SIC g. This act shall be accepted by the said
railroad company, and evidenced by the sigma.
ture Of tho President and Secretary Of said com
pauy with the corporate seal thereof, within
thirty days from the approval of this act, but
the non acceptance by the said Des Moines Val
ley Railroad Company Of the act shall not pre-
vent all the foregoing provisions hereof from
having the same operation and effect as il the
Same had been accepted by said company. The
company accepting the provisions Of this act
| shall q oil times be subject to such rules
regulations and rates Of tariff for transportation
| Of freight and passengers as may from time to
time be enacted by the General Assembly Of the
State of lowe.
SIC. 4. So much Of section three of chapter
los. Of the laws OF the Tenth General ASSN bly, /,
aud other laws and provisions relating thereto,
| including section Of said chapter, IS requires
the lands hereinbefore referred to, or any pari
thereof to be classified Or graded By determination
| ers, and oil other acts and parts Of acts ncon-
sstent with this are hereby repealed
Il Sge. g. This act shall be in fore aud have Of
feet from and after ito publication in the State
Register and Evening Statesman, papers pub
| lishsd q Des Moines. Iowa.
| Approved March 81, 1865.
/ 1 hereby certify that the foregoing Act took
| effect BY publication Is required III section
thereof. on the I'd day of April, A. D. 1865.
BID. WRIGHT, Sec'y Of State.
4 CHAPTER IS.
AN ACT Making . Grant o. Land to the Metre
gor and Sioux City Railway Company. or in
Case OF their Failure TO accept the same TO the
43d Parallel Company, and to execute the
Trust conferred by Act Of Congress entitled
can Act for . Grand Of Land to the State Of
II low, in Alternate Sections, to aid in the Con
| struction OF u Railroad in said State, APP.
proved May IL, 1864.
SIC. l. BE IL enacted By TIE General Aatmbly
Of tie State Of Ioua, That all the lands, rights
. aud priyiles that are granted to the State OF the
J..
1854, tor the purpose oil aiding in the construe-
| tiou of a railroad from point at or near the
loot OF Main street, south MeUregor. IN SAID
State, IN westerly direction. by the most prae-
: ticabe route, at or near the fortythird parallel
of north lstitude, until it shall intersec the pro-
r posed railroad running from Sioux City TO th5
minnesota State line, IN the county OF O'Brleu,
IN said State OF Iowa, are hereby granted an
conferred 70 and upon the McGregor Sioux
, City Railway Company. corporation organized
under the laws of the State OF Iowa. provided
SAID railroad company accepting the provisions
. o, this act shall at all times be subject TO such
rules, regulations. and rates Of tarf for the
, transportation of freights aud passengers. as
, may from time to time be enacted and provided
for by the General Assembl OF the State of Town
aud further subjectto the conditions, limitations
[ | restrictions and provisions continued in Thu.
, act. and in the Gets of Congress granting such
lands to the State OF Iowa
Sac. 2. This grant is made the express condi
| tion that said railway company shall have con
structed and in running order q line OF railway
As required by the prov sions of the act of Con
grsss making said grant to the State, and o
D this act upon the most practicable route. on oil
Is near as practicable to the forty third parable
| Of forth latitude, running within mile o.
New Hampton. in Chickasaw county, and run
ming thence by way Of and within one mile o
st. Charles City, Mason City and AlRona. unit
it shall lntersect, in the comfy OF O'Brien
in this state, sthe proposed railroad running
| So. s This grant is conferred upon the Nc
! Gregur / Sioux City Railway Company th,
further express conditions th-t IN case SAFE
y company shah fail to hsve its railway built ant
' completed IN good running order as far west a
: | TO Chickasnw. range ii III Chekasaw county
. 10y the first day OF september. ls6a or IN cast
| sand company shall FAM TO build and complete il
good running order at least twenty miles in nd
di;ion in each and every year thereafter. and Thu
| whole Of said railroad BY the first day OF De
| H. hon and in pf any fail
urc to comply with any of the conditions of THU
| act, the State of Iowa NAV at any time resdm,
all rights conferred by this act and resume al
rights to the lands hereby granted and which
) may remain undlsposed OF said company on nc
count OF road actually built in compliance with
! the terms Of this act provided, that il in any
one year more road shall be built than is re
} CURED By this act ii shall be regarded and treat
, ed road built the next succeeding year 0I
> years.
, SIC. s.0This railway shall be constructed up
on the usual gauge Of other frst.class railroads
| in this State, and shall be constructed and fin
, shed in style and Of equality equal to the av-
erags OF other first-cass western railroads.
SIC S. The said company shall be entitled to
the benefit of the selections OF lands already
! made under the grant to the State Of Iowa, oil
lands to aid in the construction OF rsiroad
, / from Mc0regor westward near the forty.
third parallel. approved May 18th, 1854; and
, the line located under said grant shall be bind
ing only 90 far - applicable to said sections.
SEc. 4. II is hereby made the duty Of the
/, Governor when ten consecutive miles Of railroad
has been built In accordance with the provisions
Of this act. to certify she fact to the Secretary
Of the Interior, and 80 on for each ten consec
J utive ten miles thereof, - the same shall be
| completed, and whenever the said McGregor 4
Sioux City Railway Company shall have COM
plstsd IN good running order. according to the
( provisions Of this act, its railway TO point
within one mile Of st. Charles City. in Floyd
. county, it shall be the duty Of She Governor Of
; THE State to cause patents to be issued to said
railway company for one hundred and fifty sec
| tions Of said land, and when the said railway
company shall in like manner have completed
railway 70 the eest line Of range twenty two
|. in Cerrol Gordo county. then the said Gov
ernor shall cause patents to be issued to the
} said railway company for one hundred and fifty
sections Of land and when the said railway
: company shall in like manner have completed
its railway 70 . point within one mile Of Algo
ma. in Kossuth county, then the Governor shall
cause patents to be issued to said company FOL
one husdrsd and 6fty sections more Of said
! lands, aud when the said railway company shall
! in like manner, have completed its railway
! 10 Little Sioux river, the said Governor shall
causeipatents to be issued to said railroad com
l many for all the balance of the landa ted