Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1868-05-01

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| LAWS OF IOWA.
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 Railpoad Company
certain rights and privileges In re-
| spect to the resumption of Lands
heretofore granted to said Compa-
ny.
WHEREAS, BY act OF Congress ap-
proved August 8, 1910. there was
granted TO the then Territory of Iowa
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 Cen
eral Assembly, approved January 8,
ls47, accepted for the purposes there
in specified; and, s
WHEREAS, The General Assembly
of this State, by an act approved
March %, 1858, granted such portion
of said lands as had not been previ-
ously disposed of, to the Keokuk, TT.
Des Moines and & Minnesota Rail-
road Company, to aid In the construc-
ton of q railroad from the city OF
Keokuk up and along the Valley of
the Des Moines River by the way of
the city of Des Moines to the North
ern line of the State, in the direct ION
of the southern bend OF the Minne-
sofa or st. Peters River, and provid-
| ing that said grant should become op-
erative when the consent of Congress
to the diversion of said lands should
be obtained, or the title thereto vest
| ed In the State, and also imposing
upon said company In case of It's ac-
ceptance of said grant certain condi.
tons and restrictions, among which
it was provided that said company
would complete seventy-five.miies OF
said road within thee years, and
thirty-three miles each year thereaf.
ter for five years and the whole line
on or before the first day of Deccm-
Der 1868; and,
WHEREAS, Such consent of Con-
gress to the 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.
paDy is now known as and called the
Des Moines Valley Railroad Compa-
WHEREAS, Said Railroad Icompa.
nyl Is I'm default In respect to the
time Of construction of said road, and
in the performance of other condi-
tons of said grant, whereby the state
has the right to resume the whole or
part of said lands; therefore,
SEC. LIST. Be it enacted by the Gen.
erat assembly Of the State of Iosca,
That the reserved rights and inter.
ests of the State I'm respect to the re-
sumption and disposal of said lands
are hereby relinquished to and con.
ferred upon said Des Moines Valley
Railroad Company In the manner,
and upon the performance of the con-
ditions precedent by said Company,
as hereinafter set forth, and not 9TH
erwise, viz:
First--Thnt IL 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 riv-
er lands within the grant and lying
i'm 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. IL. Taft, one
hundred thousand acres of said lands
which shall be especially held to Sc
cure the payment of the claims des-
cribed I'm sections l and of chapter
% of the laws of the 1lth General
Assembly OF Iowa, and also of such
claims as have been or may be allow
ed to the present General Assembly.
SecOnd-That III the said Des
Moines Valley Railroad Company
shall fall to pay In full aud discharge
all the claims in the preceding par
agraph mentioned, by or before the
first day Of July next, then Ii shall
be the duty OF the Register OF the
State Land Office, and he is hereby
required to proceed Immediately 10
sell ut his office In Des Moines, for
cash, to the highest bidder for not
less than one dollar and fifty cents
per acre, all the lands reserved by the
proceeding paragraph, or 30 much
thereof Us shall produce the amount
OF money remaining due and unpaid
on such claim, provide that he shall
| first advertise 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 Moines and one In Keo-
that such lands shall be sold by him
/ In
nor more than one hundred and six
" acres each, and that the warrants
issued by the State Auditor on ac-
count Of the claims Aforesaid shall be
received as cash In payment or lands
bought ut such sale, and pr0vided
further, that said company shall have
the right 70 pay said claims at any
time before such sale Of the said
lands.
I1ird--.That upon such sale and
payment Of the purchase money, the
Register shall issue d certificate tc
the purchaser, showing the land pur-
chased by him and the amount paid
therefor: and upon the presentation
thereof to the governor, he shall exc
cute to the purchaser q deed In the
name of the State OF Iowa, without
| warranty, conveying the lands "a
| purchased, which deed shall be effec-
tual to pass all the right and title
thereto now held by the State, OF
which may hereafter be acquitted by
the State from the United States, and
AL 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 uh.
paid claims herein provided for
which shall be paid in the order spec.
flied In section | Of chaptsr 20 Of the
laws Of the 1Ith General Assembly,
upon the production and surrender 81
the warrants therefor and II there
should be an amount Insufficient tc
pay the same In full, then the same
shall be paid pro rata and IL there
shall remain . balance after paying
the same In full, such balance shall
be paid over to said Railroad Compa.
ny.
Fburth--That the Register Of thu
State Land Once shall, 40 soon q