Year: 1868

|


~r, rUBIlsHED BY AUTHORITY.


CHAPTER 81.


| Cbntinued)


zAird-That upon such sale and pay.


mentof the purchase money, the Reg


lister shall issue certificate to the pur-


chaser, showing that the land purchased


by him and the amount paid thereof to


the Governor he shall execute to the


purchaser = deed in the name of the


State Of Iowa, without warranty, con-


veying the lands 90 purchased, which


deed shall be effectual to pass all the


right aud title thereto now held by the


State, or which may hereafter be &C.


quired from the State from the United


States and all moneys, 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 unpaid claims herein provided for !;


which shall b paid In the order speci-


fed in section Of chapter q of the


laws Of the llth General Assembly,


upon the production and surrender Of


the warrants therefor and If there


should be an amount insufficient to pay


the same in full, then the same shall be


paid pro rata and if there shall remain


balance after paying the same in full.


such balance shall be paid over to


said Railroad Company.


Fburth-That the Register Of the


State Land Office shall, as soon as prac-


ticable and prior to the first day Of July


next, select from the lands embraced in


the said act of Congress, approved July


II, 1862, excluding the lands reserved
and described in the first paragraph


hereof, one hundred thousand acres OF
said land of average value as near as
practicable, and embracing the ten Sec
tions sold to S. H. TAFT and the lands
so selected, a. well as the process of any
portion therefor now sold, shall be held
and applied exclusively for the con-
struction of said railroad above Des
Moines as now provided by law and
shall be conveyed and patented to said
railroad company, or to such person or
persons they shall direct, only upon the
completion of said railroad into the
town of Ft. Dodge, situated on the east
side of the Des Moines river, within the
year 1870 which said Company agrees
to do; and the evidence of such COM
pletion shall be the running of trains
into said town within the time specified
and none of said lands shall be patented
until such completion, and the proceed
ings of any portion thereof sold under
provisions of existing law shall be at
the same time paid over to said railroad
company. The said railroad company
shall have not less than sixty five miles
of said road from their present termi-
nus graded during the present and en-
suing calendar year.


FyTh-That as soon as satisfactory
evidence shall be furnished to the Gov
ernor that all the claims herein provi-
ded for have been settled and paid, or
fully discharged, whether on the sale of
the land, or by payments made by said |
railroad company, he shall execute and
deliver to the Des Moines Valley Rail-
road Company, or to their assigns, q |
deed or deeds in the name Of the State
of Iowa, without warranty, for all the
lands embraced in the said act Of Con-
gress, approved July II, 1862, save and
except the one hundred thousand acres
reserved for the construc-
ton of said road above the city of Des
Moines to Fort Dodge and except also
any lands embraced in said grant which
may have been reserved by any act |
passed prior hereto by the State of Iowa
for the protection or benefit of settlers
orpersons claiming homesteads thereon;
and the settlement made and approved
June 10th, 1865, by the Census Board of
the State Of Iowa with the Des Moines
Valley Railroad Company, and the SET
tlement of tho United States therein
referred to are hereby ratified and con-
firmed.


Sec. 2. In case of Noncompliance |
by said railroad company, with the
condition by it to be perform
ed, then, without further legislation,
this act shall have the force and effect
Of an act Of resumption and all rights
Of said company in and to said lands or
any part thereof, heretofore or hereby
granted to said company, and not at the
time Of such failure actually conveyed
by the State to said company, shall be
to and reyested in the State of
Iowa, as full as if the grant thereof had
never been made by the State.


Sec. 4. This act shall be accepted by
the said railroa company, aud eviden-
ced by the signature of the President
and Secretary Of said company, with
the corporate seal thereof, within thirty
days from the approval Of this act, by
the non-acceptance by the said Des
Moines Valley Railroad Company OF the
act shall not prevent the foregoing pro-
visions thereof from having the same
operation and effect as if the same had
u n L