Page:United States Statutes at Large Volume 13.djvu/126

98 THIRTY-EIGHTH CONGRESS. Sess. 1. Ch. 103. 1864. first-class railroad. And no land shall be conveyed to said company situate and lying within fifteen miles of the original line of the Missis sippi 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 Secre- Sscretary or tary of the Interior, and he is hereby required, to reserve a quantity of g1:::ig;!_;<;i*:¤· land embraced in the grant described in this B60t10U,Sum0lGDE, in the md5_ opinion of the governor of Iowa, secure the construction of a 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 com- Provisos. pleted 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 nothin in this act shall be construed to interfere with, or in an manner, imgair any rights acquired by any railroad company named ai 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 tide 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 desqribed in this act withifn the distance of twenty miles of the line of each o said roads in lieu o lands thus settled upon and im roved b bona tide inhabitants in good faith under color of title as aforesgid. y M-,,,,;,,,; P, ,,,,,1 Sec. 5. And be it further enacted, That the Mississippi and Missouri Missouri Illlt. Railroad Company shall have the right to transfer and assign all or any g;;;g,gg=·s¤ part of the grant hereby made to said company to any other company, lands, ir, gw, op plersondor pcizrsops, if, in tllpe cépinion fog said cqinpanyg th; constructiog o the san ra1 roa across the tate 0 owa wi et ere sooner an more satisfactorily completed ; but such assignee shall not inyany case be released from the liabilities and conditions accompanying this grant, nor acquiredperfect title in any other manner Ptrhan the same would have been acquire by the grantee herein named: ovided, 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 $*0**** CW R- R- Railroad Company may so far change their line between Fort Dodge and Co. may change . . , , thai, 1,,,,, Sioux City as to secure the best route between those points; sand change shall not impair the right to, nor change the location of; their present land- Map to be med. grant. A map of the change shall be filed with the commissioner of the gengral lqndlqiiigebwithin pip; year after the passage of this act. Conditions of EC. . n e it fur enacted, That all of the conditions and limit- If3;·*;g*‘$;’¤g;1>· ations corétaineg ip the_ act to wlhiph thishact is gn amendlmelpt, and not eg- ,,0 ,,&(,_ press y c ange y this act, s a attac to an run wit the rants ma e P by this act, except as the said conditions and limitations havegbeen modiiifedf and may hereafter be modiied, by the general assembly of the State o owa. Lands hereby Sec. 8. And be it urther enacle That no lands hereb ranted shall §""‘"t°‘l mi t° . be certified to either rlé; said companiies until the overnor dfahe State of e certified until, _ , g _ gw_ Iowa shall certify to the Secretary of the Interior that the said company Pug Reg N0_ has completed, ready for the rolling stock, within one year from the ETSU 34. day of July next, a section of not less than twenty miles from the present Posh P· 673- terminus of the completed portion of said railroad, and in each year thG1‘6- after an additional section of twenty miles; but the number of sections per mile originally authorized shall be certified to each company, upon