Lease exe Thirty-three (33) as designated on the original plat of the Town of Fort Des Moines, to the Military Company known as the "Governor's Guard" and designated in the Military organization of the State as Company A, Third Regiment Iowa National Guard, for a term not to exceed twenty five years and upon such terms and conditions as are specified in the next sections of this act, and such further conditions and covenants as the Executive Council may advise, and the parties to said contract may mutually agree on. SEC. 2. Said contract of lease shall be executed in triplicate cuted in tripli- and must embrace amongst such other terms as the Executive Council may advise, the following covenants on the part of the Lessee, viz: Conditions of lease. Uses of buildings. State may take possession of building. Appraisers may be appointed. Rental. First, that the said Lessee shall erect on the said lot, a good and substantial building, of such material, and according to such plan and specifications as the Executive Council shall in writing under the signature of the Governor approve of. Provided that no part of any appropriation made by the legislature to said lessee shall be used for any building or improvements upon said premises. Second, that said building shall be used, and occupied as an armory, drill hall, offices and reading rooms, by and for said Lessee only, and that the same shall never be used by said Lessee for any illegal or immoral purposes, and no rooms in or part of said building shall be sublet or temporarily rented or used by any person or organization other than the Lessee, without the consent of the Adjutant General of Iowa first had in writing, for such subletting. Third, In case of war, invasion, insurrection or riot which shall render necessary the calling into active service the mili tary forces of the State, the Governor shall have the right in the name of the State to take possession of such building and premises, and retain the same during the continuance of such war, invasion, insurrection or riot and when suppressed, re-possession shall be given to said Lessee, the premises to be put in as good condition by the Lessor as when received by the state, ordinary wear and tear excepted. Further, that if for any reason the state should need said lot before the expiration of the lease herein provided for said lease may be terminated by the state paying for the improvements made by the Lessee. The value of which improvements to be determined by appraisers. The excutive council to select one appraiser, and the Lessee to select one appraiser and the two so appointed shall select a third one. SEC. 3. A rental of one dollar per annum shall be reserved to the State as Lessor, and at the termination of said lease, the Lessee shall surrender possession of said lot, ground and build. ings to the Governor for the use of the state, the lessee to reCompensation ceive such compensation for buildings and improvements, as the for buildings. General Assembly may by law or resolution determine.__But such lease may, at the option of the State as Lessor by the Exec. utive Council, be renewed for periods not exceeding ten years for SEC. 4. The time when such buildings shall be commenced Failure to and the time within which the same shall be completed, shall be comply with expressed in the lease, and any failure on the part of the Lessee to comply with any of the conditions named in this act or spec- conditions. SEC. 5. This act being deemed of immediate importance Publication. shall take effect from and after its publication in the Iowa State Approved March 10th, 1888. I hereby certify that the foregoing act was published in the Iowa FRANK D. JACKSON, Secretary of State. CHAPTER 186. GRANTING TITLE IN CERTAIN LANDS TO THE C. B. & Q. R. R. co. AN ACT Granting to the Chicago, Burlington and Quincy Railroad H.F, (3. WHEREAS, The Chicago, Burlington and Quincy Railroad Com- Preamble. WHEREAS, In order to secure the necessary approaches to said depot, and the necessary trackage facilities, the said railroad company recently purchased from Geo. W. Devin and others, heirs of Thomas Devin, and devisees of Elizabeth Devin, deceased, and procured a referee's deed for all the right, title, and interest claimed by them in the following described real estate in the said city of Ottumwa, to-wit: Bounded on the north by the south line of the right of way of the Keokuk and Fort Des Moines Railroad Company, leased to the Chicago, Rock Island and Pa cific Railway Company as the same may be made to appear; and, on the west, by the east line of Washington street extended from Main Street in a southerly direction toward the Des Other tracts described. Moines River; said east line of Washington Street being further indicated by a stone monument planted September third, 1887, in the center of the south main track of the Chicago, Burling ton and Quincy Railroad Company, as now located between said streets; and bounded on the easterly side by the west line of Court street, extending from Main street in a southerly direction towards the Des Moines River; said westerly line of Court street being further indicated by a stone monument planted, Septem. ber third, 1887, in the center of the south main track of the Chicago, Burlington and Quincy Railroad Company, as now lo. cated between said streets; and bounded on the south by a line parallel with and thirty five (35) feet south of the center line of the south main track of the Chicago, Burlington, and Quincy Railroad Company, as now located between said Court and Washington streets; said south boundary being further described as thirty-five (35) feet south of a line projected between the two stone monuments aforesaid, and, WHEREAS, The said Chicago, Burlington and Quincy Railroad Company also in recent years purchased from the owners and claimants thereof the following other tracts of land in said city of Ottumwa, to-wit: Part of out lot thirteen (13) commencing at a point two hundred eighty-seven (287) feet south westerly from the east corner of Main and Marion streets, measured on the southeast line of Marion street, thence southeasterly (seventy feet southwest from and parallel to the center line of the Chicago, Rock Island and Pacific Railway) four hundred sixty two (462) feet to a point on the south-east line of Washington street produced, said point being two hundred ninety-four and one half (294) feet south westerly from the east corner of Main and Washington streets, measured on the south east line of WashDescription. ington street produced. Said last described bound being the south-west right of way line of said Chicago, Rock Island and Pacific Railway; thence south westerly, along the south east line of Washington street produced, forty seven and six-tenths (47 6-10) feet to a point in said line which is north east of and fifty (50) feet distant from (measured at right angles) the center line of the main track of the Chicago Burlington and Quincy Railroad Company; thence north-westerly fifty (50) feet from and parallel to the said last named center line, four hundred sixty-two feet to a point on the south-east line of Marion street which is three hundred twenty-six and four-tenths (326 4-10) south-westerly from the east corner of Main street and Marion St., measured on the south-east line of Marion street, said last described bound being the north east right of way line of said Chicago Burlington and Quincy Railroad Company; thence north-easterly along said south-east line of Marion street thirty-nine and four-tenths (39 4-10) feet to the place of beginning, containing about four hundred sixty-one, one thousandths (461-1000) acres; and also the south-west half (S. W.) of out lot fourteen (14) in the city of Ottumwa; all of which is required to secure the necessary trackage facilities and approaches to said depot building, and, WHEREAS, Under certain recent decisions of the Supreme Supreme Court Court of Iowa, a question might arise as to whether the State of decisions. Iowa might not have some interest in a portion of the tracts of ground above described, now therefore,: granted. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That any right, title or interest which the State Right and title of Iowa may have, or might assert, in or to the above described of State tracts of land, or any part thereof, be, and the same is hereby granted and released to the Chicago, Burlington and Quincy Railroad Company. SEC. 2. This act being deemed of immediate importance Publication. shall be in force from and after its publication in Des Moines Leader and Iowa State Register, newspapers published in Des Moines, Iowa, said publication to be without expense to the State. Approved March 23d, 1888. I hereby certify that the foregoing act was published in the Des Moines Leader and Iowa State Register March 24, 1888. FRANK D. JACKSON, Secretary of State. CHAPTER 187. NAME OF BOONESBORO CHANGED TO BOONE. AN ACT to Change the Name of the County Seat of Boone County H. F. 483. WHEREAS, An act of the legislature approved January 18, Preamble. 1851, being chapter nineteen of the laws of A. D. 1851, was passed and provided that the county seat of Boone County Iowa be located by commissioners named therein; and WHEREAS, David Sweem, Marion County, Iowa and S. K. Scovill of Dallas County, Iowa, being two of the three commissioners so appointed, did on the 9th day of July, A. D. 1851, locate said county seat of Boone county as by law required on the northwest quarter of section No. Twenty nine (29) Township 84, Range 26 west of 5th P. M. in said county, and WHEREAS, The territory so designated came within the corporate limits of the incorporated town of Boonsboro Iowa as the same was incorporated June 4th 1865, and WHEREAS, Said incorporated town of Boonsboro Iowa, became by proper proceedings, in March A. D. 1887, annexed to the city of Boone Iowa and no conditions were mentioned as to the name the county seat of Boone County should have after such annexation; therefore Name changed Be it enacted by the General Assembly of the State of Iowa: Approved March 23, 1888. S. F. 12. reamble. Title described and relinquished. CHAPTER 188. RELIEF OF WILLIAM H. BIRKHEAD. AN ACT for the Relief of William H. Birkhead, of Des Moines WHEREAS, Nancy J. Dolbee and Martha E. Dolbee, by their separate last wills and testaments, which were probated in Des Moines county in 1864 and 1865, devised to their nephew, William H. Birkhead and their niece Elizabeth P. Josephine Birkhead, minor children of John S. Birkhead, now deceased, late private in Co. H., 1st Iowa Cavalry, certain realty in Des Moines county, Iowa: the title thereof to vest in said legatees or to the survivor of them, provided that if said legatees die without is. sue the said realty shall be converted into money and the proceeds thereof be paid to the State Orphans' Asylum for the sup. port and education of the orphans of soldiers of the State of Iowa; and WHEREAS, The said Elizabeth P. Josephine Birkhead died unmarried and without issue: and WHEREAS, That by a legal and proper interpretation of said wills it is doubtful whether the State could take anything under said wills upon the happening of said contingency; and, WHEREAS, The said William H. Birkhead is the sole surviv. ing legatee, and said possible contingent interest is a cloud upon his title; therefore Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That the title of Nancy J. Dolbee and Martha E Dolbee, had at the time of their death, so far as by their last wills and testaments the same is liable to any contingent interest to the State Orphans' Asylum for the support and education of orphans of soldiers of the State of Iowa, in and to the east half of the southeast quarter of section twenty three (23) and the southwest quarter of section twenty-four (24) all in town. ship seventy two (72) north range two (2) west in Des Moines county, Iowa, be and the same is hereby relinquished to and vested in William H. Birkhead, son of John S. Birkhead de |