Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1868-03-13


nized for the purposes nsmed ia their Arsiclos !
If consolidation rs recorded in this State.
S1c. 2. TIL, said consolidated company is
hereby requ red to construct, complete, and
operate is Railroad from the city of Bes
Nones to point at. or near Council B'uHs
IN the Nisso, r. river as required by the ar
tcles Of Incorporation of the said Chicago
Rock Island and Pacific Railroad Company.
il this Sate, 50 "a TO enable it to connect its
ne Of road with the Union Pacific Railroad,
at as early period as practicable, and with
in two years from the passage of this act and
to arply the lands heretofore granted by the
General Assembly to the Mississippi and
Missouri Railroad Company to the building
and completion OF said line OF railroad, for
which purpose the State Of Iowa hereby grants
unto the said constituted railroad company,
all eight or interes.the State may have in said
lands proeidea said railroad company, accept
ing the provisions Of this act, shall, at all
times be subject to such rules, regulations.
and rates Of tariff for transportation of freight
and passengers az may from time to time be
enacted and paovided for hy the General A,
sembly of the State of Iowa, and further SUBJ
lect to the conditions, limitations, restrictions
and Pre- visions. contained in this act and in
the acts Of Congress granting the same TO the
sta'e sand extend n he tins for the complexion
of said road Pforded, said consolidated rail
n al co npany shall also apply to such con-
stiuct Oh. comdlel ion, and the equipment
thereof. all the proceeds of fol.y-nine thous-
and 81 0 said capital stoct, issued AMI
sold by sal consolidated company, or for IL,
by or under the direction of its executive
committee, or the agents thereof, since the
18th day Of September last, or So mitch thereof
as may be necessary for tia. purpose, and the
n ~ - - -
st, ok, of said consolidated company as full
paii shares, and sale Of the same for less than
I sum of one hundred dollars per share, By
= officers, are hereby confirmed and declared
valid; and the same are, and shall be deerneI
ard taken 70 be full paid shares of said con-
$ iliated company, issued aud sold for he
purposes OF completing said line o. road from
l'es Mon"s to Council Bluffs, and not liable
10 any calls or assessment. A I'd. pro.id-d
'nfther That the Board OF Directors Of said
co lso!ldated company, shall postpone the an>
nual meeting of the stock holders for the
election Of directors thereof, until the first
" cdnesday Of June 4. ID 1860, aud tha, said
Board Of Directors sbal make and Gle
with the Secretary Of shis State. OH
D before the first day of July and
january until said road is completed, re-
Toft an VT 1. nz verified by the President
nglneer, howing TIE progress of the work,
he portions Of the road finished. how much
under contgae> and tic amonn. expended
thereon; oad proeidea further, The said con-
solJated railroad company shall signify their
acceptance Of the provisions Of this act by
Ill in the office Of The Secretary Of State OF
thi- o,ate, written acceptance thereof by tho
n estdent and Secretary Of said connan,,
" thin ninety days from the passage Of this
act.
SEC D. Ia case said consolidated company
sh II neglect 10 comply with any Of the re-
lurements of this act, it shall forfeit TO this
ate all its franchises and corporate rights
ie4 4ulrcl by OF under the Laws OF this State,
and ali lands Ia such case which have been
granted 10 aid in the construction OF said
Dad, o. sny part thereof, by this State or tls
nited STATES, held by said consoiidat ed COM
pany, or by any person or persons BY through
'r Under them, shall be forfeited and shall re-
vert 10 this State, any conveyance or incIm-
france hy said company TO the contrary not>
.SEc. 1. Any person who, al the date Of
ling IN the proper department. at Washing,
on, OF the maps showing he location Of tie
cute or the inc. Of the Mississippi Mis-
ouri Railroad, in compliance with the re.
iuiremenis Of section 6. chapter I, Of the acts
Assembly, was in the actual occupation, and
lad made improvements oil any Of said lands,
and has remained in the continusus occupa.
ion OF the same TO the date of the takins ef.
ec of this act, and the grantees OF any per.
'on, having sreh occupancy with improve
nenis when such grantee and lis Srantor
iave been IN such continuous occuratign shall
lave the right to puncharse one hundred and
sixty acres. ST the land thus occupied and
upon the terms and eondi,i4 IA
hereinafter provided.
SEC. .. Any person wishing to avail him
elf of the preceding section, shall within four
months from the taking effect of this act, 6le
lis application for such purpose IL the Coun-
y Court of the county in which such 'fants-
nay be situated, with the proof. in writing,
showing his right to make such purchase
lnder the provisions of the preceding
eeton anl showing that he has never d.
'ectly, or indirectly. received any Of the bene-
its secured to actual settlers, on any lands
'mhraced in said grant, either by this ac, or
Y the provisions of sections ten. eleven and
wei e Of an act in the preceding section
copy of which application ard
proofs shall be personally served upon the
secretary of said Company. Ii such proafs
hall establish the right Of the applicant TO
make such purchase, and thar he has no,
ither directly or Indirectly. purchased any
ther lands embraced in said grant, under the
provisions Of this act or of the act above
mentioned, the Court shall give him certiii-
ate setting forth such facts a copy of whici,
personally served upon the Secretary Of said
Company. The applicant shall. within nine
y days after the execution of such certificate.
Jay TO the Treasurer Of State, for the use of
aid Company, one dollar and twenty. Ave
,ents per acre for the lands described IN the
certificate, for which the Treasurer shaii exc
ute duplicate receipts, one of which shall be
ndorsed on said certificate, and the other
hall be delivered to the Secretary Of said
Company Either party shall have tie righ.
o appeal from the decision of the County
,ourt to the District Court in the same man.
Ter as appeals are taken from the judgments
# Justices of the Peace, within ninety days
Ifter the decision of the County Court, aud
he same shall be tried in the District Cscrs
IS cause triable by the first method Of try
ng equity causes, the applicant being tho
defendant, and the court in its final decree,
hall make such order touching the title and
he disposition of the moneys deposited with
he State Treasurer as the law and the facts
equire. When no appeal is taken in the
ime above described the title shall vest in the
pplicant, and the moneys so paid to the
treasurer Of State, shall be held by him and
aid to said Company, when it shall havc
Ger vested with a'complete title to said lands
lnder this act.
SIC. g. That nothing contained ia this net
hall Be 50 construed as to affect any rights
.eretoforc acquired by third parties to any
ands claimed under said grant, and the pro-
isions of an act Of the General Assembly Of
0 va, entitled "An act to quiet the title to
ertain lands sold by the State Of Iowa to in