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TOLEDO, TAMA COUNTY, IOWA, JULY 12, 1860.LAWS OFBy Authority,uCHAP I Kit 25.An act in relation to the Des Moines Itiver Improvement and abolishing the office of Commissioner thereof.$ 1. Bo it enacted by the General Assembly of the State of Iowa, That the fifty thousand acres of land to be set apart by the Register of the State Land n Office under tho second section of anI act of the General Assembly approved ’• March 22d, 1858. entitled 41 an act dis- posing oi tho grant of land made by anact of Congress granting land to the 9 ! Territory of Iowa to aid in the Improvement of the Navigation of the Des Moines River” shall be taken from the lands next above those transferred by i the State to the Des Moines NavigationII and Railroad Company by the terms of f settlement with that Company authorized by Joint Resolution of the General Assembly approved March 22J, 1858.§ 2 That tho uncompleted dams to be built by the Keokuk, Fort Dus Moines and Minnesota Railroud Company as r provided by the said second section of ’ the act above referred to shall be comf I* plctcd as follows, that is to say, the dam' ? at Keosauqua shall bo completed in one year after the lands granted to said Rail , road Company by said act shall have, been certified by the General Govern i mcnt to the State of Iowa or otherwise' become the property of said Company,; and the dam at Plymouth and thcotheri works within two years after the lands shall have been certified as aforesaid.§ 3. That the office of Commissioner of the Des Moines River Improvement be and the satuo is hereby abolished.§ 4. That George G. Wright, of Yan^ BurcnCo., Edward Johnston, of Lee Co.; and Christian W. Slagle, of Jefferson j County, be and they arc hereby appoint-j cd a Board of Commissioners for tho purpose of ascertaining all the liabilities whether in suit or otherwise against said | Des Moines River lmprovoment and against tho State of Iowa growing out of said Improvement and which arc to be paid by the Keokuk, Fort Des Moines and Minnesota Railroad Company as provided by the said seeond section of the act of the 22d of March, 185S, above roferrcd to.§ 5. Said Commissioners or a majority of them shall meet at the city oiKeo-sauqua in the County of Van Buren, within six months after the passage of this act or as soon thereafter as practical ble, and shall organize the Board by taking an oath that they will well and truly discharge the duties imposed upon them by this act.§ (J. After having organized, said Commissioners shall give public notice of the time and place of their meeting and the objects of the commission, by a general notice to all persons claiming to bo entitled to be paid by tho provisions of the said section of the said act of March 22d, 1858, that unless they present their claims within six months nftor the time fixed in said notico for tho meeting of the Board, they will not thereafter bo received or acted upon, but forever barr ed ; which notice sball be published for at least four weeks io some newspaper published at the County Seat of Van Buren Co., and a newspaper published in the City of Keokuk.§ 7. After said notico shall havo been given, said Commissioners or a majority of them, shall meet at the time and place appointed by said notice and proceed to hear testimony and dccido upon the validity of all olaims presented which are legal and equitable and the amount thereof, which decision shall be final and eonelusive, and may adjourn from time to timo during and after tho said six months from the time of thoir meeting, until they shall have decided upon all the claims presented within said six months ; aud at any timo during said six months when said Board shall not be in session, claims may be filed with tho Clerk of the District Court of the County in which the Board sits, and it shall five dollars per day for the time actually be the duty of said Clerk to present said employed in said commission : Provided claims so filed to the said Commissioners that the aggregate per diem of each of at their first meeting thereafter. Said said commissioners shall notexceed th Commissioners shall have the power to hundred dollars; which if not paid by administer oaths ahd to compel the at the proceeds of the sales aforesaid shall tendanco of witnesses and the produc- ! be paid by tho said Keokuk, Fort Des tion of papers, and tho Sheriff of the and Minnesot- Railroad ,Compa-County in which tho Board sits shall serve and execute the necessary processes when required by said ( ommicsion-ny, as one of the audited claims hereinbefore provided for.§ 13. That all the stone, timber andPresident of the Senate,pro tem Approved April 3d, 1800.SAMUEL J. KIRKWOOD.•reby certify that tho foregoing is c5py from the original roll on file my office.ELIJAH SELT/S.Secretary of Stateers, and all claims not presented within other materials belonging to said Desthe said six months shall be forever barred.§ 8. When any of the claims aforeMoines Improvement and not necessary to be used in tho construction of the locks and dams provided for in the 2d sec-said shall have been decided, the Com- tion of the said act of the 22d of March* missioners shall report tho same to the 185%, are hereby relinquished and trans-Register of the State Land Office, who ferred to the Keokuk, Fort De9 Moines shall audit said claims and none others an Minnesota Railroad Company, in accordance with the second section of; § 14. In case of the death, resigna-thc said act of tho 22d of March, 1858,1 tion, or refusal to act of any of said and it shall be the duty of the Keokuk, commissioners, it shall be the duty ofFort Des Moines and Minnesota R. R. Co., to pay said liabilities soaudited, one half within one year and one half within two year9 after the aforesaid landsthe Governor to fill such vacancy by ap pointment.§ 15. Said Commissioners shall have power to procure for the State at anyshall have been certified to the State of1 one of said points where dams are orIowa or otherwise become the property of said Company, with ten per cent interest thereon from the time said claims wore audited.§ 9. For every three thousand dollars worth of work done on the locks anddams and for every three thousand dol- to make the water power created by saidJars of said audited liabilities paid by the said Keokuk, Fort Des Moines aud Minnesota R. R. Co., in accordance withmay hereafter be erected the land upon which any part of any lock or dam or abutment is or may be erected, and also a sufficient quantity of land at and adja cent to said dams not exceeding two acres in extent on each side of the River,*dam available and of value to the State by condemning said land in the same manner as is or may be provided by lawthe second section of tho 6aid act of for condemning land for right of way Match 22*1, 1858, the Register of the for railroads; and any damages which;iState Land Office shall certify to said Company 1000 acres from said 50,000 acres of land.§ 10. In case said Keokuk, Fort Dos Moines and Minnesota 11. 11. Co., shall not complete 6aid dams or pay said au ditcd liabilities as hereinbefore provided, then the said Commissioners shall proi coed to complete said dams and pny said liabilities by the sale or mortgage of so much of said fifty thousand acres of land as may be necessary for that purpose, provided that said Commissioners may give said R. II. Company further timo for the completion of said dam9, if in their opinion the said company shall have proceeded io the construction therei of in good faith, and that said further time is necessary.%§11. Said commissioners shall as soon after tho organization of the Board as may be expedient, proceed to sell all the interest of the State in all such locks and dams belonging to tho Des Moines River Improvement and the land appcr-tincnt thereto, and the water power thcro-to Lclongiug as shall have been completed by the Stale or by the said Railroad Company ; and shall also soil the dams and water power at Keosauqua and Plymouth in tho same manner when said dams shall have been completed, and shall make conveyances in the tiumo of the Stato without warranty to the purchasers of tho intercut so sold, containing covenants on tho part of said pur* chasors that they and their heirs and assigns shall and will forever keep said locks and dams in good repair, and that they will at all reasonable times pas8 boats through said locks aud charge only such tolls as may be agreed upon be1 tween said Commissioners and the purchasers, not exceeding the maximum lutes prescribed iu tho contract by the State with tho Des Moines Navigation and Railroad company, which conveyances shall also be executed by the purchasers as parties of tho second part there to, and said sale shall be made upon such terms as will securo tho Ftate against all liability upon any lenses or contracts for water power heretofore executed between tho officers of the Improvement and individuals, and the proceeds of said sales shall be applied first to the payment of the expenses of 6aid sales, second to tho payment of said commjsaioners. 3d to the payment of damages for any lands condemned, and fourthly any balance that may remain shall be paid on the audited claims herein provided for.§ 12. Said commissioners shall receivemay be awarded to tho owners of such lands shall bo paid out of the proceeds of the sale of the dam and water power fur the benefit of which said land is condemned; the possession of said lands, not to be taken after the condemnation until the damages arc paid.§ 1G. This act to be in force from andafter its publication in the Iowa StateRegister and the Keosauqua Republican.John EdwaCds, Speaker of the House of Representa-tiqos.Nicholas J. Kitsch, President of the Senate.Approved March 3d, 1SG0.SAMUEL J. KIRKWOOD.I, Elijah Sells, Secretary of the State of Iowa hereby certify that the forego ing is a true copy from the original roll on file in my offico.Elijah Sells, Secretary of State.CHAPTER 137.AN ACT to amend an act requiring wit* ness fees to be paid into the County Tresaury.§ 1. Be it enacted by the Gerneral Assembly of the State of Iowa, That it shall be, and is hereby made the duty of the respective Clerks of tho District Courts, to pay into the County Treasury of his county all money by him reocived for witness ices, and remaining unclaimed in bis office for six months after the receipt of the same.§ 2. The olerk shall at the time of making such judgment deliver to the Treasurer a statement of tho caae, and the namos of the witnesses, and the amount each one is entitled to receive.§ 3. The money paid into the county Treasury by virtue of this act, shall be prid by the Treasurer to the person entitled to receive the same, upon the certificate of the Clerk cf the Distrio1 Court.§ 4. The Treasurer of said county shall keep the money thus reoeived by him seperate from the goneral fund of the county, and shall deliver the same to the persou or persons to whom the same may belong.§ 5. That section one and two of an act entitled an act, requiring witness fees to be paid into tho county Treasury, passed by the Seventh General Assembly and approved March 22d 1858, be and tho same are hereby repealed.John Edwards. Speaker of tho nouso of Representatives.James F. Wilson.CHAPTER 75.An act making appropriations for selecting Swamp Lands.Whereas au act was passed by th« General Assembly of the State of Iowa,! entitled an act making an appropriation for swamp land purposes, approved January 27th. A. D. 1858, in which it was enacted that one or raoro agents of the Stite of Iowa should be appointed to se lect the swamp and overflowed lands in the new and unorganized Counties of the State, andWhereas T. B. Johnson, of Cass County, was appointed such agent, to select /he swamp and overflowed lands in the new and unorganized Counties of the State of Iowa, andWhereas the saicZ T. 13. Johnson in pursuance to such'appointment, proceeded to select and did select the swamp and overflowed lands in the Counties of Ida, Linn, Plymouth and O Brien, new and organized Counties in the S»ate of Iowa, andWnF.ltEAS the said T. B. Johnson did, in selecting said swamp and overflowed lands, and in employing the necessary assistants therefor expend the sum of seventeen hundred and ninety-six dollars and forty-five cents in addi tion to money received.§ 1. Be if mortal by tar General A* tembly of the State of loica, That there be and is hereby appropriated out of the Treasury of the State of Iowa, the sum of 1700 and ninety-six dollars and, forty five cents for the purpose of payiog the said T. B. Johnson, K. W. Macom-bcr. Wo. Waddell, E. R. Bartlett, and William Jenkins, for their services in selecting said swamp and overflowed lands aforesaid.§ 2. That it shall bo the duty of the Register of the Stato Land office as soon as the swamp lands are duly certified to the State of Iowa by the United States, within the Counties of Ida, Plymouth, Sioux and O’Brien to select from tke lands so certified an amount of land at an estimated vatue of one dollar per acre ■uffiicent to pay the sum hereby appropriated with ten per cent. interest, said land shall be selected from each of said Counties, in proportion as the quanity of land certified in each of sad Counties shall bear to the sum hereby appropriated, which land shall be retained by the State, and disposed of as may be provi ded by law. Provided that if any mooey or land script shall be paid to the State by the United States, for swamp lands sold, that it sball bo the duty of the Register or officer receiving the same, to retain such money or land script to the amount aforesaid, and in the proportions aforesaid from each County.§ 3. This act shall take effect and be in force from and after its publication in the Daily Iowa Stato Register and Daily Iowa State Journal.John Edwards. Speako of the House of Representatives.Nicholas J. Ruscu.This bill having remained with the Governor three days, punday excepted, the General Assemb/y being in session, has become a law this the 30th day of March, 1860.9 Elijah Sills,Secretary of State.I hereby certify tha tho foregoing is a true copy from the original roll on file m my office.Elijah Sells.Secretary of State.1i3f11Tho Japanese think that oyster soup is the finest American institution •hat they havo yet seen. They call tho hotel waiters “soup gcntlemoa.”
Newspaper Details
The Iowa Transcript
Toledo, Iowa, US
Thu, Jul 12, 1860
Page 1
Full Page
Clipped by
Don B.
USA 10 Jul 2023
Other Publications Near Toledo, Iowa
Tama County Republican
The Iowa Transcript
Toledo Chronicle
Atlas of Tama Couty Iowa
Atlas of Tama County Iowa
