North Iowa times. [volume] (McGregor, Iowa) 1867-current, 1868-05-06
LAWS OF IOWA.
PUBLISHED by AUTHORITY
CHAPTER, 81.

CHAPTER, 81.
AN ACT Prescribing the terms and con-
ditions on which the State will relin-
quish and convey to the Des Moines
Valley Railroad Company certain rights
and privileges in respect to the resump-
ton If Lands heretofore granted to sad
Company.
WHEREAS by act Of Congress approved
August 8, 1864, there was granted to the
then Territory of Iowa certain lands to aid
in the improvement of the Des Moines
River, in said Territory, which grant the
State of Iowa, by joint Resolution to the
General Assembly, approved January Q,
lS47, accepted for the purposes therein
sp, ceicd and,
WuEAEAs, The General Assembly of this
State, by an act approved March 22, 1858,
granted such portion of said lands as had
not been previously disposed of, to the
Keokuk, Fort Des Moines l. Minnesota
! Railroad Company, to AID in the Construc-
ton of railroad from the city of keokuk
up and along the Valley of the Des Miones
River by the way of the City of Des
Moines to the northern line of the State,
in the direction of the suothern bend of the
Minnesota or St. Peters River, and provid-
ing that said grant should become operative
when the consent Of Congress to the diver
sion of said lands 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 certain con-
!itions and restrictions, among which it
was provided that said company would
complete seventy. five miles OF said road
within three years, and thirty-three miles
each year thereafter 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 approved
July II 1862, and said company afterwa. d
accepted said grant and,
WHEREAS, Said Keokuk, Fort Des
Mones & Minnesota Railroad Company is
now known as and called the Des MOnes
Valley Railroad Company and,
| WHEREAS, Said Railroad Company is
| in default in respect to the time of con-
struction of said road and in the perform.
ancc of other conditions of said grant
whereby the State has the right to resume
the whole or part of said land therefore
SECTION |. BE ii enacted Jy the Genera
assembly efMe State Of lora, That the
reserved ri hts and interests Of the State
! in respect to the resumption and disposal
of said lands are hereby relinquished to
and coferred upon said Des Moines Valley
Railroad Company in the manner, and
upon the performance of the conditions
precedent by said Company, as hereinaf-
ter set forth, and not Otherwise, viz:
First-That it shall be the duty of the
| II e ~
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 $. IL. Taft, one hundred thous-
and acres Of said lands which shall be
especially held to secure the payment OF
the claims described in sections and ol
chapter % of the laws Of lth General As.
sembly of Iowa, and also of such claims as
have been or may be allowed to the pre-
sent General Assembly.
.Second-That if the said De Moines
Valley Railroad Company shall fail to pay
/ in full and discharge all the claims in the
preceding para graph mentioned, by or be-
| fore the first day of july next, then it shall
be the duty of the Register of the State
Land Office, and he is hereby required tC
proceed Immediately to sell ut his Office in
Des Moines, for cash, to the highest bidder
for not less than one dollar and fifty cent,
per acre, all the lands reserved by the pre-
ceding para graph, or SO much thereof AZ
shall produce the amount of money re-
manning due and unpaid on such claim
proyided that he shall first advertise thu
sale of such lands for not less than sixty
days in four different newspapers publish
ed one in Springvale, one in Fort Dodge
one in Des moines and one ~ keokuk
Iowa; and prorided further, that such
lands shall be sold by him in quantities
not less than forty acres nor more thar
one hundred and sixty acres each, and
that the warrants issued by the State An
ditor on account Of the claims aforesaid
shall be received as cash payment OF lands
bought at such sale; and proridea further
that said company shall have the right t.
paw said claims at any time befo-e such
sale of the lands.
Taird-That upon such sale and pay
ment Of the purchase money, the Register
shall issue certificate to the purchaser
showing the land purchased by him anc
the amount paid ther for: and upon the
presentation thereof to the Governor ht
shall execute to the purchaser deed il
the name of the State of Iowa, withou
warranty, conveying the lands SO purchas
ed, which deed shall be efectual to pass
all the right and title thereto now held by
the State, or which may hereafter be ac
ouired by the State from the United Sta
tes and all money, the proceeds OF tn
sales of lands as aforesaid, shall be by thu
Register paid into the State Treasury fol
the use Of the holders Of the unpaid claims
herein provided for; which shall be pait
in the order specified in section OF chap
ter 22 of the laws of the llth General AS
sembly, upon the production and surrend
er of the warrants therefor and IT there
should be an amount insufficient to pay
the same in full, then the same shall b.
paid pro rata and if there shall remain ,
balance after paying the same in full. suci
balance shall be paid over to said Railroad
Company.
i-That the Register Of the Stat
Land Office shall, as soon as practicable
and prior to the first day Of July next, sc
lect from the lands embraced ia the san
act of Congress, approved July y 1867
| h.x