Year: 1864

I


Az Acr TO amend an act entitled can act


making grant of land to the State OF


Iowa, in alternate sections, to aid in the


construction of certain railroads in said


State" approved May Is, 1856.


Be- 1t enac'cd by the Senate and House
of Representatives, Of the United States
of america in Congress assembled. That
the Mississippi and Missouri Railroad Com.
pany, corporation established by the laws OF
the State Of Iowa, and to which the said
State granted a portion Of the land grant
mentioned in the title of this act to aid in
the construction of railroad from Davenport
TO Council Bluffs in said State, may modify
or chanrse the location of the uncompletcd
norton of its line, as shown by he map there
of now on fill. in the General Land Office OF
the United States, 80 as to secure a bctt
and more expeditions line for connection with
the Iowa branch of the Union Pacific rail
road: Proridcd, nereuheless. That said
new line, ie located, shall in every case pass
through the corporate limits of the cities OF
Des Mo;ncs and Council Bluffs and the right
way over the public lands Of the United
States is hereby granted to said railroad
company for that purpose: Pf0rided, That
said line shall pass through the town OF
Newton. in Jasper county, or as near SAID
town as may be found practicable. and not
further north of said town than the rorih line
Of section twenty-five, township eighty north,
of range nineteen, according to the United
States surveys, if the citizens OF the county
of Jasper shall first pay to said company the
difference in cost, if any, between the line
proposed by the company and the one con-
tcmplated by this proviso, including extra
cost of right of way. if any, said difference
in cost to be estimated by competent engi-
neers to be selected by the parties.


Sec. 2. And be it further enacted, That
whenever such new location shall have been
established, the said railroad company shall
file in tho General Land Office at Washing
ton a map, definitely showing such new loca-
tom and the Secretary Of the Interior shall
cause to be certified and conveyed to said
company from time to time, as the road pro-
gresses, out of any public lands now belong
ing to the United States not sold. reserved
or otherwise disposed Of, or to which pre-
emption claim or right of homestead settle
ment has not attached, and on which
bona fide settlement and improvement has
not been made under color of title derived
from the United States or from the State of
Iowa within six miles Of such newly located
line, an amount of land per mile equal to that
originally authorized to be granted to aid in
the construction of said road by the act to
which this is an amendment; and if tho
amount Of land granted by the original act
to aid in tho construction of said railroad
shall not be found within tue limits OF six
miles from such line. then such selections
may be made along such line within twenty
miles thereof; Proridcd. That the said
company shall not be entitled to, and shall not
receive, any land under this grant which is
situated within fifteen miles Of the line Of
the Burlington and Missouri River Railroad,
as indicated by the map Of said road now on
file in the General Land Office.


SEC. 3. And belt further enacted. That
the Burlington aud Missouri River Railroad
Company, a corporation organized under the
laws Of the State Of Iowa. and to which said
State granted a portion Of the land grant
mentioned in the title Of this act to aid in tn.
construction Of a railroad from Burlington in
saa State 10 the Missouri viv-r, shall BE- en-
titled TO receive. and the Secretary Of the
Interior shall cause TO be certified and con-
veyed to said company from time to time, as
the road progresses, out Of any public lands
now belonging to the United States not sold,
reserved, or otherwise disposed Of, or to
which pse-emption claim or right OF homestead
settlement has not attached, aud OF which a
bona 6de settlement and Improvement has not
been made under color Of title derived from
the United States or from the State Of Iowa.
within six miles Of said road. as now located
an amount Of land per mile equal to that
mentioned in the act 70 which this act is Al,
amendrc mt q. srt,u.l.i N all in IN. IN.