The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1868-05-07
CHAPTER 81.

CHAPTER 81. ..s.-..
ditions on which the State will re,
linquish and convey to the Des
Moines Valley Railroad Company GER
tain rights and privileges in respect 'to
the resumption Of Lands heretofore,
granted to said Company.
WHEREAS, by act Of Congress APP
proved August sth, ls46, there was
granted to the then Territory Of Iowa
certain lands to aid In the Improvement
Of the Des Moines River, in said Terri.
tory, which grant the State OF Iowa, by
joint Resolution to the General Assem-
bly,, approved January 9th, lsl7, accept
ed for the purpose therein specified; and,
WHEREAS, The General Assembly Of
this State, by an act approved March
odd, 1853, granted .nch portion Of said
lands rs had not been previously dis
posed Of to the Keokuk, Fort Des
Moines Il Minnesota Railroad Company,
to aid In the construction Of n railroad
from the city Of Keokuk up and along
the Valley Of the Dcs Moines River by
the way Of the City Of Des Moines to the.
northern line of the State, in the direc-.
ton OF the southern bend Of the Mime
sofa or st. Peters River, and providing
that said grant should become operative.
when the consent Of Congress to the,
diversion Of said lands should he obtain
ed. or the title thereto vested in the
State; and also imposing upon said COM
pany In case Of its acceptance Of said
grant certain conditions and restrictions,
among which it was provided that said
! company would complete seventy-fivo,
miles OF said road within three wears.
and thirty three miles each year there
after for five years and the whole line.
on or before the first day Of December
1868: and,
WHEREAS, Such consent Of Congress
to the diversion was given by an act ap-
proved July 12th, 1862, and said COM
pany afterward accepted said grant;
and,
WHEREAS, Said Keokuk, Fort Des
Moines & Minnesota Railroad Company
Is now known rs and called the Des
Moi"es Valley Railroad Company and.
WHEREAS. Said Railroad Tconpany1
is In default in respect to the time OF
construction Of said road, and i'm the
| performance of other conditions of said
grant, whereby the State has the right
to resume the whole or part of said lands:
therefore.
II. BE 1t enacted by the General As.
sen'by Of the State Of Iotoa, That the
reserved rights and interests of the
State in respect to the resumption and
disposal OF said lands are hereby relfn-
quished to and conferred upon said Des
Moines Valley Railroad Company in the
manner, and upon the performance of
the conditions precedent by said Com
pany, Us hereinafter set forth, and not
therwise, viz:
FTst-That it shall be the duty of the
Register Of the State Land Office ~ stsr,
as practicable, and before the first day
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, ana exclusive also of the ten sec
tions set apart and sold to S.. H. Taft.
one hundred thousand acres OF said lands
which shall be especially held to secure
the payment Of the claims described i'm
sections and 2of fchapter % Of the laws
of the 11th General Assembly or Iowa
and also such claims as have been or
may be allowed to the present General
| Assembly.
| Second-That If the said De, Nro;nas
/ Valley Railroad Company shall fail to
/ pay in full and discharge all the claims
In the preceding paragraph mentioned.
/ by or before the first day Of July next.
t then 1t shall be the duty of the Register
of the State Land Office, and he ia here
by required to proceed Immediately to
sell at his office in Des Moiues. for cash.
to the highest bidder for not less than
one dollar and fifty cents per acre. ali
the lands reserved by the preceding
paragraph. or so much thereof a shall
produce the amount Of money remain.
ing due and unpaid on such claim: pro-
vided that he shall firss advertise the
sale Of such lands for not less than sixty
days IN four different newspapers nub.
lshed one In SpringvaIe, one in Fort
Dodge. one In Des Moines and one in
keokuk. Iowa; and provided farkAcr,
that such lands shall be sold by him in
quantities not less than forty acres each,
ana that the warrants issued by the
state Auditor on account Of the claims
aforesaid shall be received as cash in
payment or lands bought at such sale:
ana propsIed further, that said company
snaii nave the right to pay said claims
AT any time before such sale of the lands.
CONTINUED NEXT WEEK