The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1868-04-23
laws OF IOWA,
Published by Authority

Published by Authority
CHAPTER 81.
An Act prescribing the terms and
conditions on which the State will
relinquish and convey to the Des
Moines Valley Railroad Company
certain rights and privileges in re-
spcet to the resumption of Lands
heretofore granted TO said Com
pany.
Whereas, BY act of Congress APP
proved August s, 1916, there was
granted to the then Territory oflowa
certain lands to aid in the improve
ment Of the Des Moines River, in said
Territory, which grant the State of
Iowa, by joint resolution to the Gen
eral Assembly, approved January 8,
1917, accepted for the purpose there
in specified; and,
Whereas The General Assembly
o. this State, by an act approved
March %, 1853, granted such por-
ton of said lands as had not been
previously disposed of, TO the Keo.
kul1, Fort Dcs Moines & Minnesota
Railroad Company, to aid in the con-
struction of a railroad from the city
Of KeolSuk up and along the Valley
Of the Des Moines River by the way
Of the City Of Des Moines to the
northern line Of the State, in the di-
rection of the southern bend of the
| Minnesota on st. Peters River, and
providing that said grant should be-
como operative when the consent of
Congress to the diversion of said
road should be obtained, or the title
| thereto vested in the State; and also
imposing upon said company in case
OF its acceptance Of said grant GER
tain conditions and restrictions,
among which it was provided that
said company would complete seven
five miles Of said road within three
years, and thity-three miles each
year thereafter for FIVE Yeas, and
the whole line on or before Vho! first
December 1868; and,
Whereas, ofSuch consent Of Con-
gress to tho diversion was given by
an act approved July IL, 1862, and
said company afterward accepted
said grant; and,
Whereas, Said Keokuk, Fort Des
Moines & Minnesota Railroad Com
pany is now known as and called the
Des Moines Valley Railroad company;
and,
| Whereas, Said Railroad Tcompany1
is in default in respect to the time of
construction Of said road, and in the
performance of other conditions of
said grant, whereby the State has the
right to resume the whole OF part of
said lands; therefore,
Section l. Be It enacted by the
General Assembly 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 relinqnished to and
conferred upon said Des Moines Val
ley Railroad Company in the man
nor, and upon tho performance Of
the conditions precedent by said
/ Company, as hereinafter set forth,
and not otherwise, viz:
First-That it shall be the duty of
the Register of the State Land Office
as soon as practicable, and before the
first day Of July 1868, to set apart
and reserve from the remaining river
lands within the grant and lying in
place next north Of township No.
Ninety, and upon which there are no
settlers claiming homestead rights,
and exclusive also of the ten sections
set apart and sold to S. Ell. That.
one hundred thousand acres of said
lands which shall be especially held
to secure the payment of the claims
described in sections and 2 of Chan
% Of the laws OF tho 18th General
Assembly Of Iowa, and also of such
claims as have been or may be allow
cd TO the present General Assembly.
Second-That if the said Des
Moines Valley Railroad Company
shall pay in full and discharge all the
claims in the preceding paragraph
mentioned, by or before the first
/ day of July next, then it shall be the
duty of the Register of the State
Land Offie, and he is hereby requir-
cd TO proceed Immediately to sell at
his office in Des Moines, for cash, TO
the highest bidder Tor not less than
ono dollar and fifty cents per acre,
all the land reserved by the preced-
ing paragraph, on so much thereof as
shall produce the amount Of money
remaining due and unpaid on such
claim; provide that he shall first ad
ycrtise the sale Of such lands for not
less than sixty days in four different
newspapers one in Springyalc, one
in Fort Dodge, one in Des @oines,
and one in keokuk Iowa; and pro-
-yided further, that such lands shall
be sold by him in quantities not less
than forty acres nor more than one
hundred and sixty acres each, and
that the warrant ISSUED by the State
Auditor on account of the claims
aforesaid shall be received as cash IN
payment of lands bought at such sale;
and provided further, that said COM
pany shall have the right to pay
said claims at any time before such
sale of the lands.
Third-That upon such sale and
payment of the purchase money, the
Register shall issue certificate to
the purchaser, showing the land pur-
chased by him and the amount paid
therefor; and upon the presentation
thereofto the Governor he shall exc
cute to the purchaser deed in the
name of the State Of Iowa, without
warranty, conveying the lands SO
purchased, which deed shall be effect
ual to pass all the right and title
thereto now held by the State, or
which may hereafter be acquired
by the State from the United States;
and all money, the proceeds of the
sales of lands as aforesaid, shall be
by the Register. paid into the State
Treasury for the use Of the holders
Of the unpaid claims herein provided
for; which shall in the order specified
in section ] of chapter % of the laws
Of the 18th General Assembly, upon
the production and surrender of the
warrants therefor, and if there should
be II amount insufficient to pay the
Same in full, then the same shall be