Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1868-05-29

pany Of the second part, transferring 50 much
of the Dubuque and Sioux City Railroad ~
! remains to be constructed, together with the
franchise, right Of way, depot grounds, and
other appurtenances Of said road to be COM
pleted, also transferring all right and title Of
the said Dubuque and Sioux City Railroad
company to 90 much Of the lands granted by
Congress to aid in the construction OF said
road as shall appertain to, or be legally ap.
part Of the Dubuque and Sioux City Railroad
As aforesaid, except Is to the lands hereinaf-
ter granted to the Dubuque, Bellevue y Sabula
Railroad company be and is hereby lcgalized
and confirmed.
SEQ 2. That the pro rata Of six sections Of
land per mile reserved by said contract to
the Dubuque and Sioux City Railroad company
and the pro rata Of six sections per mile con-
veyed by said contract to said Iowa Falls
Sioux City Railroad company, shall be adjust
ed between said companies as follows, to-wit:
The land actually conveyed to third parties
shall be set apart to said Dubuque ana sioux
City company, not exceeding six sections per
mile for the road now built. and over that
number Of acres Of land have been conveyed,
the excess over that amount shall be taken on
of the west end of the last installment Of the
lands so conveyed; and in case less than that
amount Of lands have been conveyed as afore-
said, then sufficient amount shall be taken to
mako up such pro rata from that portion Of the
land grant next adjoining and Immediately
west, as near as practicable, to the lands last
conveyed by said Dubuque and Sioux City
Railroad company.
Sec 8. That pro rata Of six sections per
mile of said land grant be and the same is
hereby granted 10 and conferred upon the Du-
buque, Bellevue and Sabula Railroad company
to aid in the construction Of said road, known
as the Tete Des Morris branch, required to be
built by the act Of Congress granting said
lands to the State Of Iowa; provided, That said
company shall not cucumber or dispose Of said
lands until the said branch road shall be COM
pletsd and open for business, and that said
branch shall be completed within two years
from the FIRST day Of January next. Said lands
shall be Of an average quality and value Of 80
much of said lands granted by the United
States as now remain undisposed Of, and the
selected, the land hereby granted to said Du.
buque, Bellevue and Sabula Railroad company
or cause the same to be reserved from lands
outside Of the six mile limits of said grant,
and upon completion Of said branch as above
provided, he shall execute patent for said
lands to said company,
Sec 4. That so much Of said land grant as
is applicable to the uncompleted portion of the
road as aforesaid, west of Iowa Falls, except.
ing the lands hereby granted to said Dubuque,
Bellevue and Sabula Railroad company, 10
hereby granted to and conferred upon the
Iowa Falls & Sioux City Railroad company,
subject to the terms and conditions Of the act
of Congress granting the said lands, dated the
fifteenth day of May, A. D. 1859, and the act
amendatory thereto, and the act of Congress
passed the present session; and also subject
10 the terms and conditions Of this act as here
in expressed as follows, to-wit: The road
shall be completed as first class road from
Iowa Falls on the route now surveyed, located
and partly graded, through Webster City and
Fort Dodge, and the depot buildings shall be
erected on the grounds heretofore donated by
the people of said town for that purpose, and
shall be completed thence to Sioux City, which
route shall be at all points within the limits
of said land grant. The track Of said road
shall be laid with good, substantial rail,
weighing not less than fifty six pounds per
linear yard. The road shall be completed to
Fort Dodge by the first day Of July, 1869, the
time now fixed by act of Congress; one half
Of the balance within one year from that time,
and the remainder before the first day Of
January, A. d. 1872; and said road when any
twenty miles shall be completed, shall be SUBJ
ject to the lease Of the Illinois Central Rail-
road company, transferred to the Iowa Falls
and Sioux City, by the Dubuque s. Sioux City
Railroad company, and shall be operated as
one continuous and unbroken through line of
railroad from Dubuque to Sioux City.
Sec 5. Said lands SO granted as aforesaid,
to the Iowa Falls and Sioux City Railroad
company shall be patented by the Governor
| to said company as the same shall be earned
by the building of said road, but no patent
shall be issued by him for any portion Of said
lands until at least seventy Ave miles of road
shall be completed, and "no patent shall be
made for any lands more than forty miles in
advance of the point to which said road may be
constructed from time to time" as provided
by said act of Congress. No patent shall be
made for any lands located within 6fty miles
of Sioux City, until said company shall have
its entire road completed to Sioux City, except
for such road rs said company may cause to
be built and operated from Sioux City east
ward, and when said company shall have forty
miles Of road built and operated from Sioux
City eastward, then this restriction shall
cease, and such lands may be patented for
any road built by said company, and no pat.
emit shall include lands situated in more than
one county, and such patent shall be, by said
company, recorded IN the county whore said
lands lie, and certified copy Of the record Of
the same may be used as evidence with the
same effect as the original, and in case any Of
said lands hereby granted are now, and were
on the first day Of January last occupied by
actual settlers residing thereon and improv-
ing the same, upon such settler making proof
to the satisfaction Of the Register Of the State
Land Office Of such settlement and improve,
ment, he shall be entitled to purchase not ex.
ceeding one quarter section Of the State 1T the
rate Of 81, so per acre, and when such land
shall have been earned by the extension Of
said road, upon the payment to said company
of said sum, the Governor shall execute
patent to such actual settler for said land.
Sec 6. The Legislature shall have the DOW.
er to resume the lands not earned at the time
of such resumption, on default of said com.
pany to build said road to Fort Dodge BY the
first day Of July, 1869, or any portion Of the
road within the time limited herein, or in case
they shall be satisfied that said company il
not pushing forward the work on said road with
reasonable diligence, 80 as to warrant the be.
lief that the whole line will be completed t.
Sioux City by the first day Of January, 1862
Sec Z. The said Iowa Falls and Sioux City
Railroad company shall signify their accept.
ance of the terms and conditions Of this act,
by written instrument, signed by the Presi.
dent of said company, to be filed with the
Governor, within thirty days after the passage
Of this act The company accepting the pro-
visions of this act shall, at all times, be sub.
jeot to rules, regulations, and rates Of tariff
for the transportation Of freight and passens
gers as may from time to time be enacted by
the General Assembly Of the Safe of Iowa. Ii
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