The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1868-04-02


laws Of this State, and ali lands In such
case which have been granted 70 aid n
the construction, Of ssid road, or qasg
part thereof, BY this State. q, the Cst
ted States. held by saldi eonsolidstsd
company, or by any, peEaOp or pessoae
by through Or under them, shallbs lorr
fsited aud shall revert g tAip state, aAy
conveyance or incumbrancss by ssaA
company to the contrary notwithstand-
ing. ,..ss ssa.s.,ae-g..,l lss.,sitj,sf,..a Iaat
| "a. Any person who, - the datsiof
tlle filing In the proper dspartraenk, -
Washington, of the maps showing the
location of the route or line. Of the Mis..
sissippi 4 Missouri Railroad i'm compai.l
ancc with the rcQuiresnsnts Of ssotioia q
chapter |, Of the acts Of tho Extra &c.,
sion Of the Fifth General Assembly, was
in the actual occupation, and had mads.
improvements on any Of said lands, and
has remained In the continuous occupA-
ton Of the same to the date Of the TAX.
Ing effect Of this act, ard the gsanteas os
any person, having such occupancy
with Improvements when such grantss
and his grantor have been In such con-
tinuous occupation, shall have the right
to purchase one hundred aud sixty apreA.
Of tho lnud t,lus occupied, and improyeA
UPON the terms and conditions hsrein-
after provided. -.sts..s.s,...4
| Is. Any person Wishing to avail him.
self Of the preceding section, shall with
In four months from the taking effsee ~
this act, file his application for such
purchase la the County Court Of the
county in which such lnnds may bo
sltuated, with the proofs in. writing,
showing his right to make sucl, purchase
under the provisions Of tire preceding
section, ard showing that he has never
directly, or indirectly, received any Of
the benefits secured TO actual settlers, ON
any lands embraced In said grant, eithsrr
by tlris act or by the provisions Of Sec
tions ten, eleven aud twelve Of an act In
the preceding section mentioned, copy
Of wlrclr application and proofs shall b.
personally served upon the Secretary OF
said Company. Ifsuch proofs shall o.
tabiish the right Of the applicant to mako
such purchase, and that he has not eth
er directly or Indirectly, purchased any
other lands embraced in said grant, un-
der the provisions Of this act or OF the
act above mentioned, the Court shall
give him n certificate setting ftftf'such
facts, u copy Of which shall be personal
ly served upon tho Secretary on said
Company. The applicant shall, within
ninety days after the execution. Of such
certificate, pay to tho Treasurer of State,
for the use Of said Company, one dollar
and twenty Ave cents per acre for tho
lands described In the certificate, for
which the Treasurer shall execute du.
pIicate receipts, one Of which shall bo
Endorsed on said certificate, and the
other shall be delivered to the Secretary
Of said Company. Either party shall
have the right to appeal from the de-
cision Of the County Court to the Dis
| .-.-- AAsasurt - az.
peals are taken from the judgments Of
Justices Of tho Peace, within ninety
days after the decision Of the County
Court, and the same shall be tried In the
District Court as q cause triable by the
first method Of trying equity causes, tho
applicant being the plaintiff aud tho
Company the defendant, aud the court
In its final decree, shall make such order
touching the title and the disposition OF
the moneys deposited with the State
Treasurer us the law aud the facts re-
quire. When 10 appeal is taken in the
time above described the title shall vest
in the applicant. and the moneys so
paid to the Treasurer Of State, shall be
held by him and paid to said Company.
when it shall have been vested with q
complete title to said lands ;fn,.sr this
act.
40. That nothing contained in this
act shall be SO construed rs to- effect any
rights heretofore acquired by third
parties to any lands claimet under said
grant, and the provisions Of an act Of
the General Assembly Of Iowa, entitled
IAN act to quiet the title to certain
lands sold by the State Of iowa to In
dividuals as part Of the Des Moines
River Grant" approved April I'd, 1866,
are hereby ratified and confirmed, pro
pided, That said consolidated Railroad
Company shall relinquish to the County
of Pottawattamie all right or claim
which it now has, or may hereafter ac-
quire, to any bonds or agreements to
take stock, or Indebtedness heretofore
voted by the County Of Pottawattamic
to, or in aid OF the construction OF the
Mississippi and Missouri Railroad, SO
far US said consolidated Railroad Com
pany is concerned, all acts, votes, de-
crecs, or agreements on the part OF
Pottawattamie County to issue bonds to
the Mississippi and Missouri Railroad
Company are hereby declared null and
void.
s7. This act being deemed by tho
General Assembly of imm ediate import
ance, shall take effect and be in force
from and after its publication in the