land granted by the original act to aid in the construction of said road shall not be found within the limit of six miles from the line of said road, then such selections may be made along such line within twenty miles thereof. River Railroad SEC. 4. And be it further enacted, That the Cedar Rapids and Missouri The Cedar RapRiver Railroad Company, a corporation established under the laws of ids and Missouri the State of Iowa, and to which the said State granted a portion of the Company may land mentioned in the title to this act, may modify or change the location change its loca of the uncompleted portion of its line, as shown by the map thereof now tion and have on file in the General Land Office of the United States, so as to secure a lands thereon. better and more expeditious line to the Missouri River, and to a connection with the Iowa branch of the Union Pacific Railroad; and for the purpose of facilitating the more immediate construction of a line of railroads across the State of Iowa, to connect with the Iowa branch of the Union Pacific Railroad Company, aforesaid, the said Cedar Rapids and Missouri River Railroad Company is hereby authorized to connect its line by a branch with the line of the Mississippi and Missouri Railroad Company; and the said Cedar Rapids and Missouri River Railroad Company shall be entitled for such modified line to the same lands and to the same amount of lands per mile, and for such connecting branch the same amount of land per mile, as originally granted to aid in the construction of its main line, subject to the conditions and forfeitures mentioned in the original grant, and, for the said purpose, right of way Right of way through the public lands of the United States is hereby granted to said granted. company. And it is further provided, That whenever said modified main line shall have been established or such connecting line located, the said Cedar Rapids and Missouri River Railroad Company shall file in the General Land Office of the United States a map definitely showing such Limits of seloc Of location of modified line and such connecting branch aforesaid; and the Secretary Secretary of of the Interior shall reserve and cause to be certified and conveyed to Interior to consaid company, from time to time, as the work progresses on the main vey lands. line, out of any public lands now belonging to the United States, not sold, reserved, or otherwise disposed of, or to which a preemption right or right of homestead settlement has not attached, and on which a bonafide settlement and improvement has not been made under color of title derived from the United States or from the State of Iowa, within fifteen miles of the original main line, an amount of land equal to that originally authorized to be granted to aid in the construction of the said road by the act to which this is an amendment. And if the amount of lands per mile granted, or intended to be granted, by the original act to aid in the construction of said railroad shall not be found within the limits of the fifteen miles therein prescribed, then such selections may be tions. made along said modified line and connecting branch within twenty miles thereof: Provided, however, That such new located or modified line shall pass through or near Boonsboro', in Boon County, and intersect the Boyer road. River not further south than a point at or near Dennison, in Crawford County: And provided, further, That in case the main line shall be so changed Proviso in case or modified as not to reach the Missouri River at or near the forty-second the main line is parallel north latitude, it shall be the duty of said company, within a changed. reasonable time after the completion of its road to the Missouri River, to construct a branch road to some point in Monona County, in or at Onawa City; and to aid in the construction of such branch the same amount of lands per mile are hereby granted as for the main line, and the same shall be reserved and certified in the same manner; said lands to be selected from any of the unappropriated lands as herein before described within twenty miles of said main line and branch; and said company shall file with the Secretary of the Interior a map of the loca- Map of loca tion of the said branch: And provided, further, That the lands hereby tion to be filed. granted to aid in the construction of the connecting branch aforesaid shall not vest in said company nor be encumbered or disposed of except in the following manner: When the governor of the State of Iowa shall Conditions of certify to the Secretary of the Interior that said company has completed in good running order a section of twenty consecutive miles of the main line of said road west of Nevada, then the Secretary shall convey to said company one-third, and no more, of the lands granted for said connecting branch. And when said company shall complete an additional section of twenty consecutive miles, and furnish the Secretary of the Interior with proof as aforesaid, then the said Secretary may convey to the said company another third of the lands granted for said connecting branch; and when said company shall complete 49 L O-VOL II grant. Proviso. an additional section of twenty miles, making in all sixty miles west of Nevada, the Secretary, upon proof furnished as aforesaid, may convey to the said company the remainder of said lands to aid in the construction of said connecting branch: Provided, however, That no lands shall be conveyed to said company on account of said connecting branch road until the governor of the State of Iowa shall certify to the Secretary of the Interior that the same shall have been completed as a first-class railroad. And no land shall be conveyed to said company situate and lying within fifteen miles of the original line of the Mississippi and Missouri Railroad, as laid down on a map on file in the General Land Office: Provided, further, That it shall be the duty of the Secretary of Secretary of the Interior, and he is hereby required, to reserve a quanInterior to re-tity of land embraced in the grant described in this section, sufficient, serve certain in the opinion of the governor of Iowa, to secure the construction of a lands. Provisos. &c. branch railroad from the town of Lyons, in the State of Iowa, so as to connect with the main line in or west of the town of Clinton in said State, until the governor of said State shall certify that said branch railroad is completed according to the requirements of the laws of said State: Provided, further, That nothing herein contained shall be so construed as to release said company from its obligation to complete the said main line within the time mentioned in the original grant: Provided, further, That nothing in this act shall be construed to interfere with, or in any manner, impair any rights acquired by any railroad company named in the act to which this is an amendment, or the rights of any corporation, person or persons, acquired through any such company; nor shall it be construed to impair any vested right of property, but such rights are hereby reserved and confirmed: Provided, however, That no lands shall be conveyed to any company or party whatsoever, under the provisions of this act and the act amended by this act, which have been settled upon and improved in good faith by a bona-fide inhabitant, under color of title derived from the United States or from the State of Iowa adverse to the grant made by this act or the act to which this act is an amendment. But each of said companies may select an equal quantity of public lands as described in this act within the distance of twenty miles of the line of each of said roads in lieu of lands thus settled upon and improved by bona-fide inhabitants in good faith under color of title as aforesaid. Mississippi and SEC. 5. And be it further enacted, That the Mississippi and Missouri Missouri Rail- Railroad Company shall have the right to transfer and assign all or any road Company part of the grant hereby made to said company to any other company, may assign the granted lands, if or person or persons, if, in the opinion of said company, the construction of the said railroad across the State of Iowa will be thereby sooner and more satisfactorily completed; but such assignee shall not in any case be released from the liabilities and conditions accompanying this grant, nor acquire perfect title in any other manner than the same would have been acquired by the grantee herein named: Provided, That said transfer and assignment shall first be authorized by the governor of the State of Iowa. Dubuque and SEC. 6. And be it further enacted, That the Dubuque and Sioux City Sioux City Rail- Railroad Company may so far change their line between Fort Dodge road Company and Sioux City as to secure the best route between those points; said may change their line. change shall not impair the right to, nor change the location of, their present land grant. A map of the change shall be filed with the Commissioner of the General Land Office within one year after the passage of this act. Map to be filed. Conditions of SEC. 7. And be it further enacted, That all of the conditions and limiformer act to ap- tations contained in the act to which this act is an amendment, and not ply to this, ex- expressly changed by this act, shall attach to and run with the grants cept, &c. made by this act, except as the said conditions and limitations have been modified, and may hereafter be modified, by the general assembly of the State of Iowa. &c. Lands hereby SEC. 8. And be it further enacted, That no lands hereby granted shall granted not to be be certified to either of said companies until the governor of the State certified until, of Iowa shall certify to the Secretary of the Interior that the said company has completed, ready for the rolling-stock, within one year from the first day of July next, a section of not less than twenty miles from the present terminus of the completed portion of said railroad, and in each year thereafter an additional section of twenty miles; but the number of sections per mile originally authorized shall be certified to each company, upon proof as aforesaid of the completion of the additional sections of the road as aforesaid; and upon the failure of either company to complete either section as aforesaid, to be annually built, the portion of the land remaining uncertified shall become subject to the control and disposition of the legislature of the State of Iowa, to aid in the completion of such road. (a) be offered for sale SEC. 9. And be it further enacted, That all lands hereafter certified to Lands hereaf either of the land-grant railroads in said State, and lying opposite any ter certified, to completed section of such road, shall be offered for sale by the company within three to which they shall be certified within three years from the completion years, &c. of such section, if then certified; and if not, then within three years from the date of such certificate at reasonable prices; and if not all sold within that period then during the fourth year all such lands re- When to be maining unsold shall bo exposed to public sale, after previous notice exposed to public posted at the county seat of the county in which such lands shall be sale. situated, to the highest bidder, and in tracts not exceeding one hundred and sixty acros each. (b) (a) See Nus. 1794, 1801, 1803, 1807, 1808, 1809, 1810, 1813, 1814, 1817, 1823, 1824, 1828. (b) See Nos. 1757, 1758, 1760, 1781, 1790, 1793, 1794, 1798, 1803, 1806. No. 1805.-JOINT RESOLUTION granting certain privileges to the city of Des June 15, 1864. Vol. 13, p. 408. Be it resolved, &c., That the United States hereby relinquish to the Rights of the city of Des Moines, in the State of Iowa, a municipal corporation estab- United States to lished under the laws of said State, all their right and interest in the certain coal-beds coal-beds underlying the river Des Moines, within the limits of said the city of Des relinquished to city: Provided, That no disposition or use thereof shall be made which Moines. shall obstruct the free navigation of said river; nor shall any one grant of the privilege of mining the same extend for a longer period than ten years. No. 1806.—AN ACT for the sale of a lot of land in Iowa, in the Fort Crawford July 1, 1864. reservation. Vol. 13, p. 334. A lot of land in Be it enacted, &c., That it shall and may be lawful for the Commissioner of the General Land Office to cause to be sold, after public notice, Iowa to be sold. the tract described as lot numbered one, in township ninety-five north, of range three west of the fifth principal meridian, in the State of Iowa, situated in what is known as the Fort Crawford military reservation, subject to such minimum price per acre as the said Commissioner may establish as fair and reasonable, not less than two dollars and fifty cents per acre; and in the event of said lot not being disposed of at public sale, the Commissioner is hereby authorized to reoffer the same at public sale, or after the second offering to dispose of said lot at such minimum as he may establish, and for the sale so made a patent shall issue as in ordinary cases. Other lots may SEC. 2. And be it further enacted, That if it shall appear that there are any other lots in said reserve not disposed of by the United States, be sold. it shall and may be lawful for the said Commissioner to dispose of the same in the manner provided in the foregoing section. (a) (a) See Nos. 1757, 1758, 1760, 1781, 1790, 1793, 1794, 1798, 1803, 1804. No. 1807.-AN ACT to regulate the compensation of registers and receivers of the land offices in the several States and Territories, in the location of lands by States and corporations under grants from Congress. July 1, 1864. tion. SEC. 2. And be it further enacted, That the Burlington and Missouri Burlington and River Railroad Company may so far change or modify the location of Missouri River the uncompleted portion of its line, as shown by the map thereof now Railroad may on file in the General Land Office of the United States, so as to secure change its loca a better and more expeditious route to the terminus of said line on the Missouri River, said new line to be located within the limits of the land grant made by the United States to aid in its construction; and said change shall not impair the right to, nor change the location of, their present land grant. A map of the change shall be filed with the Commissioner of the General Land Office within one year after the passage of this act. (a) (a) See Nos. 1794, 1801, 1803, 1804, 1808, 1809, 1810, 1813, 1814, 1817, 1823, 1824, 1828. March 3, 1865. No. 1808.-AN ACT extending the time for the completion of certain land-grant railroads in the States of Minnesota and Iowa, and for other purposes. Vol. 13, p. 526. Time for completing certain roads in Iowa extended. Missouri River SEC. 10. And be it further enacted, That the time mentioned in an act entitled “An act making a grant of lands to the State of Iowa, in alternate sections, to aid in the construction of certain railroads in said State," for the completion of the railroads named in said act, be, and the same is hereby, extended two years. Maps of change SEC. 11. And be it further enacted, That the last clause of the second of location of section of an act entitled "An act to regulate the compensation of regBurlington and isters and receivers of the land offices in the several States and TerritoRailroad to be ries, in the location of lands by States and corporations under general filed in three grants from Congress, and for other purposes," be, and the same is hereby, so amended as to read: "A map of the change shall be filed with the Commissioner of the General Land Office within three months after the said change of location shall be made." (a) months. March 3, 1865. Vol. 13, p. 573. (a) See Nos. 1794, 1801, 1803, 1804, 1807, 1809, 1810, 1813, 1814, 1817, 1823, 1824, 1828. No. 1809.—A RESOLUTION to extend the time for constructing the Burlington and Missouri River Railroad, iu Iowa, and filing a map of relocation. Resolved, &c., That the time allowed by the eighth section of the act structing Bur entitled "An act to amend an act entitled 'An act making a grant of lington and Mis lands to the State of Iowa, in alternate sections, to aid in the construcsouri River Rail tion of certain railroads in said State,' approved May fifteenth, eighteen road, &c., ex hundred and fifty-six," for the construction annually of sections of tended. Feb. 10, 1866. Vol. 14, p. 349. twenty miles each of the Burlington and Missouri River Railroad, be, and the same is hereby, extended one year, and that the provision of the second section of the act approved first of July, eighteen hundred and sixty-four, entitled "An act to regulate the compensation of registers and receivers of the land offices in the several States and Territories in the location of lands by the States and corporations under grants by Congress," which requires that a map of the change of location shall be filed with the Commissioner of the General Land Office within one year, be, and the same is hereby, repealed. (a) (a) See Nos. 1794, 1801, 1803, 1804, 1807, 1808, 1810, 1813, 1814, 1817, 1823, 1824, 1828. No. 1810.-A RESOLUTION extending the time for the completion of the Burling. ton and Missouri River Railroad. Resolved, &c., That in case the Burlington and Missouri River Railroad pletion of Bur- Company shall complete the section of twenty miles from the present lington and Mis- terminus of its road by the first day of December, anno Domini eighteen souri River Rail- hundred and sixty-six, and the certificate of the governor shall be filed road extended. July 23, 1866. July 28, 1866. March 22, 1867. with the Secretary of the Interior of such completion, then the said company shall be entitled to its lands, due by reason of the completion of said section of twenty miles, as provided in section eight of the act entitled "An act to amend an act entitled 'An act making a grant of land to the State of Iowa, in alternate sections, to aid in the construction of certain railroads in said State,'" and its rights shall be in all respects the same as if the same section should have been completed on the first day of July next. (a) (a) See Nos. 1794, 1801, 1803, 1804, 1807, 1808, 1809, 1813, 1814, 1817, 1823, 1824, 1828. No. 1811.-AN ACT making appropriations, &c. [Office of surveyor-general of Wisconsin and Iowa, when to be abolished. See WISCONSIN, No. 668.] No. 1812.-AN ACT to remove the office of surveyor-general of the States of Iowa and Wisconsin to Plattsmouth, Nebraska. [See NEBRASKA, No. 2101. ] No. 1813.-AN ACT in relation to a certain tract of land in Burlington, Iowa. Be it enacted, &c., That a certain ordinance adopted by the city council of the city of Burlington, in the State of Iowa, of date of December adopted by the tenth, anno Domini, eighteen hundred and sixty-six, entitled "An ordicity council of nance devoting Market Square to certain public purposes, and provid An ordinance ing for the location of certain railroad tracks upon certain streets, and Burlington, Iowa, for other purposes," is hereby ratified, approved, and made legal and made legal. valid, so far as relates to said public square; and that said ordinance Interest of the shall operate to convey to the Burlington and Missouri River Railroad United States in Company (a) all right and interest of the United States in the premises Market square, Burlington, conknown as Market square, in the said city of Burlington, upon the terms veyed to the Burand conditions and for the purposes and uses therein designated, and lington and Misshall have the same force, operation, and effect as if the fee-simple title souri River Railto said Market square and streets were owned by said city at the date road Company. of said ordinance. (b) (a) See Nos. 1794, 1801, 1803, 1804, 1807, 1808, 1809, 1810, 1814, 1817, 1823, 1824, 1828. (b) See Nos. 1757, 1758, 1773, 1786, 1791, 1815, 1820. No. 1814.-AN ACT extending the time for the completion of the Dubuque and March 2, 1868. Vol. 15, p. 38. Time for com tended. Route of road. Be it enacted, &c., That the time for completing a line of railroad from Dubuque to Sioux City, in the State of Iowa, for the construction of pleting the Duwhich lands were granted in alternate sections to said State by act buque and Sioux entitled "An act making a grant of lands to the State of Iowa in alter- City Railroad exnate sections to aid in the construction of railroads in said State," approved May fifteenth, eighteen hundred and fifty-six, be, and the same is, extended until the first day of January, eighteen hundred and seventy-two, subject to the reverter mentioned in said act at the expiration of the time herein limited: Provided, That said road shall be constructed on the most practical route by way of Webster City and Fort Dodge to Sioux City, which route shall be at all points within the limits of said land grant, and the same shall be completed to Fort Dodge on or before pletion. the first day of July, eighteen hundred and sixty-nine, and thereafter at the rate of not less than forty miles each year; and the said road Road to be one shall be constructed, operated, and maintained as one continuous and line. unbroken line of road from Dubuque to Sioux City; and no lands shall be disposed of, or patented, or certified for said purposes more than disposal of lands. forty miles in advance of the point to which said road may be constructed from time to time. (a) (a) See Nos. 1794, 1801, 1803, 1804, 1807, 1808, 1809, 1810, 1813, 1817, 1823, 1824, 1828. Rate of com Limitation to July 4, 1868. Vol. 15, p. 82. Burlington, No. 1815.-AN ACT confirming the title to a tract of land in Burlington, Iowa. Be it enacted, &c., That all of the title of the United States in and to a certain tract of land in the city of Burlington, Des Moines County, Title of the in the State of Iowa, described as being west of lot number nine hun- United States to dred and seventy-eight in said city, south of Valley street, west of certain land in Boundary street, and north of Market street, and which was originally Iowa, confirmed reserved from sale by the United States and dedicated to public burial to the "indepurposes, be, and the same is hereby, confirmed to and vested in the pendent school "independent school district" of said city, to be forever dedicated to and used by said school district for public school purposes and for no other use or purpose whatever. (a) (a) See Nos. 1757, 1758, 1773, 1786, 1791, 1813, 1820. No. 1816.-AN ACT for the relief of the grantees of Ann D. Durding. Whereas Ann D. Durding, by her duly appointed attorney, attempted to locate the northwest quarter of the southwest quarter of section twenty-one, in township ninety-seven north of range six west, in the district of lands subject to sale at Dubuque, Iowa, on the seventh day of November, A. D. eighteen hundred and fifty-one, with bounty-land warrant No. 23525, for forty acres, act of September twenty-eight, eighteen hundred and fifty, but by an error the location was made in township ninety-one north, instead of ninety-seven north, and a patent was issued on said location in township ninety-one north, which patent was destroyed by fire by the burning of the land office at Dubuque ; and whereas the tract in township ninety-seven north has been withdrawn from market under the act of Congress approved May twelfth, eighteen hundred and sixty-four, to aid in constructing the McGregor Western Railroad, but has not been taken by or approved to that road at this time; and whereas the tract in township ninety-seven north has district." July 27, 1868. Vol. 15, p. 415. |