Interest. Above provisions extended. Default and forfeiture. Actual settle said, or the act of June twenty-third, eighteen hundred and seventyfour, relating to these lands, such persons, their heirs, legal representatives or assigns, being in possession thereof shall be required, prior to the first day of January eighteen hundred and eighty-one, to make entry and pay for their respective claims in three equal instalments, the first on the day of entry and the remaining instalments annually from that date and drawing interest at the rate of six per centum per annum until paid; bond being required in case of timbered lands to prevent waste as in section one of said act; and where such persons their heirs legal representatives or assigns are not in possession of said lands then the same may be entered as others of the said Kansas Indian lands, by actual settlers only. (b) SEC. 2. That all persons who have made entries under section two of the act of June twenty-third, eighteen hundred and seventy-four, relating to these lands, may complete their payments upon such entries at the newly appraised value thereof in the same manner and upon the same terms, credits, and limitations as are provided in section one of this act. SEC. 3. That the terms of the proviso of section two of the act of July fifth, eighteen hundred and seventy-six, relating to default and forfeiture shall extend to all entries and requirements under the provisions of this act. SEC. 4. Actual settlement on any of said lands shall be regarded as ment sufficient. sufficient in all cases where the claimant actually resides on contiguous land to which he holds the legal title, and has heretofore cultivated and made valuable improvements on his adjoining claim, in good faith, for the purpose of a home for himself: Provided, Said claimant shall in all other respects comply with the law and the regulations issued thereunder by the General Land Office. (a) See Nos. 2013, 2045, 2059, 2064. (b) See Nos. 1148, 1999, 2001, 2014, 2020, 2022, 2023, 2026, 2030, 2036, 2040, 2042, 2043, 2045, 2046, 2047, 2049, 2050, 2051, 2053, 2055, 2056, 2059, 2060, 2061, 2062, 2063, 2064, 2067, 2068, 2069, 2073, 2078, 2079, 2020. lished. May 24, 1880. No. 2077.-AN ACT to create an additional land district in the State of Kansas. Vol. 21, p. 141. Be it enacted, &c., That all that portion of the Northwestern land disNorthern land trict in the State of Kansas, lying and being situated west of the third district estab- guide meridian west of the sixth principal meridian, be, and hereby is, constituted a new land district, to be called the Northern land district. Register and SEC. 2. That the President, by and with the advice and consent of receiver to be the Senate, is hereby authorized to appoint a register and a receiver for appointed. said district, who shall discharge like and similar duties, and receive the same amount of compensation allowed to other officers discharging like duties in the other land offices of said State. (a) (a) See Nos. 1999, 2001, 2037, 2038, 2048, 2058. May 28, 1890. Actual settlers stalment. No. 2078.—AN ACT for the relief of settlers upon the Osage trust and diminishedreserve lands in Kansas, and for other purposes. Be it enacted, &c., That all actual settlers under existing laws upon the allowed 60 days Osage Indian trust and diminished-reserve lands in Kansas (a) (any failto make proof and pay first in- ure to comply with such existing laws notwithstanding) shall be allowed sixty days after a day to be fixed by public notice by advertisement in two newspapers in each of the proper land districts, which day shall not be later than ninety days after the passage of this act, within which to make proof of their claims, and to pay one-fourth the purchase price Payment of thereof, and the said parties shall pay the balance of said purchase price in three equal annual installments thereafter: Provided, That nothing herein contained shall be construed to prevent an earlier payment of the whole or any installment of said purchase money as aforesaid. balance. Proviso. Default to work forfeiture. And if default be made by any settler in the payment of any portion or installment at the time it becomes due under the foregoing provisions, his entire claim,and any money he may have paid thereon, shall be forfeited, and the land shall, after proper notice, be offered for sale according to the terms hereinafter prescribed, unless before the day fixed for such offering, the whole amount of purchase money shall be paid by said claimant, so as to entitle him to receive his patent for the tract embracing his claim. only. SEC. 2. That all the said Indian lands remaining unsold and unappro- Balance of priated and not embraced in the claims provided for in section one of lands to be sold this act, shall be subject to disposal to actual settlers only, having the to actual settlers qualifications of pre-emptors on the public lands. Such settlers shall make due application to the register with proof of settlement and qualifications as aforesaid; and, upon payment of not less than one-fourth the purchase price shall be permitted to enter not exceeding one quarter-section each, the balance to be paid in three equal installments, with like penalties, liabilities and restrictions as to default and forfeiture as provided in section one of this act. Terms. SEC. 3. All lands upon which such default has continued for ninety days Lands forfeitshall be placed upon a list, and the Secretary of the Interior shall cause ed to be offered the same to be duly proclaimed for sale in the manner prescribed for the ed at public sale. offering of the public lands, but not exceeding one quarter-section shall be sold to any one purchaser, at a price not less than the price fixed by law, but such lands, upon which such default shall be made, shall be offered Conditions of for sale by advertisement of not less than thirty days in two newspapers offering. in the proper land districts respectively and unless the purchase price be fully paid before the day named in the notice, shall be sold for cash to the highest bidder at not less than the price fixed by law. And all such lands, subject to unpaid overdue installments, shall be so offered once every year. And if any of said lands shall remain unsold after the offering as aforesaid, they shall be subject to private entry, for cash in tracts not exceeding one quarter-section by one purchaser. (b) instalment. SEC. 4. After the payment of the first installment as hereinafter pro- Lands subject vided for, such lands shall be subject to taxation according to the laws to taxation after of the State of Kansas, as other lands are or may be in said State: Pro- payment of first vided, That no sale of any such lands for taxes shall operate to deprive Proviso. the United States, of said lands, or any part of the purchase price thereof, but if default be made in any installment of the purchase price as aforesaid, such tax-sale purchaser, or his or her legal representatives, may, upon the day fixed for the public sale, and after such default has become final, under the foregoing provisions, pay so much of said purchase price as may remain unpaid, and shall thereupon be entitled to receive a patent for the same as though he had made due settlement thereon: And provided further, That nothing in this act shall be so construed as to deprive or impair the right of the settler, of the right of redemption under the revenue laws of the State of Kansas. Fees and com SEC. 5. That the register and the receiver shall be allowed the same fees and commissions as are allowed by law for the disposal of the pub- missions of land lic lands, and the net proceeds of the sales and disposals after deduct- officers. ing the expenses of such disposals, shall be deposited to the credit of the proper Indian fund, as provided by existing laws; and the Secretary of the Interior shall make all rules and regulations necessary to carry into effect the provisions of this act. Town-site laws SEC. 6. That nothing in this act shall be construed to interfere in any manner with the operation of the town-site laws as applicable to these applicable. lands: Provided, That all claims for entry under said statutes shall be proved up and fully paid for, before the day fixed for the commence. ment of the public sales provided for in section three of this act. SEC. 7. In all cases arising under this act interest at the rate of five per cent per annum shall be computed and paid upon all that part of the purchase money in respect to which time is given for the payment of the same. (a) See Nos. 2036, 2040, 2043, 2046, 2061, 2067. (b) See Nos. 1148, 1999, 2001, 2014, 2020, 2022, 2023, 2026, 2030, 2036, 2040, 2042, 2043, 2045, 2046, 2047, 2049, 2050, 2051, 2053, 2055, 2056, 2059, 2060, 2061, 2062, 2063, 2064, 2067, 2068, 2069, 2073, 2076, 2079, 2080. Interest. No. 2079.—AN ACT for the relief of certain homestead and pre-emption settlers in Kansas and Nebraska. June 4, 1880. Be it enacted, &c., That it shall be lawful for homestead and pre-emption settlers on the public lands, or pre-emption settlers upon Indian Homestead and reservations, in the States of Kansas and Nebraska west of the sixth Pre-emption claimants whose principal meridian where there has been a loss or failure of crops, from unavoidable cause, in the year of eighteen hundred and seventy-nine, stroyed may be crops are de absent from their or eighteen hundred and eighty, to leave and be absent from said lands claims. until the first day of October, eighteen hundred and eighty-one under such rules and regulations as to proof and notice as the Commissioner of the General Land Office may prescribe; and during said absence no adverse rights shall attach to said lands, such settlers being allowed to resume and perfect their settlement as though no such absence had occurred. Time for proof SEC. 2. That the time for making final proof and payment by such and payment ex- pre-emptors is hereby extended for one year after the expiration of the tended. term of absence provided for in the first section of this act; but in cases where the purchase money is by law payable in installments, the first unpaid installment shall be held not to be due until one year after the expiration of the leave of absence aforesaid. (a) (a) See Nos. 1148, 1999, 2001, 2014, 2020, 2022, 2023, 2026, 2030, 2036, 2040, 2042, 2043, 2045, 2046, 2047, 2049, 2050, 2051, 2053, 2055, 2056, 2059, 2060, 2061, 2062, 2063, 2064, 2067, 2068, 2069, 2073, 2076, 2078, 2080. June 15, 1880. Vol. 21, p. 198. Fort Harker reservation. actual settlers. No. 2080.-AN ACT to provide for the disposal of the Fort Harker military reser. vation. Be it enacted, &c., That the Secretary of War is hereby authorized to turn over to the Secretary of the Interior the Fort Harker military reservation in Kansas for sale, as hereinafter provided. To be appraised SEC. 2. The Secretary of the Interior shall cause said reservation to and sold as pub- be appraised as early as practicable, in tracts not exceeding one hundred lic lands and sixty acres each, by three competent disinterested persons, who shall be appointed by the Secretary of the Interior, and who shall make said appraisement under oath, and upon the approval of such appraisement by the Secretary, he shall offer said reservation for sale by giving such Prior right of notice as is now required for the sale of public lands. The persons who may have at the date of the passage of this act settled upon and improved said lands, shall have the prior right to purchase the lands so settled upon at the appraised value thereof, not to exceed one hundred and sixty acres, except in the case of a fractional quarter-section to each person, and shall have such reasonable time in which to make payment therefor as the Secretary of the Interior may prescribe. Such portion of said reservation as shall not have been settled upon and improved at the date of the passage of this act shall be sold by the Secretary of the Interior to actual settlers, under such regulations as he may prescribe: Provided, That no land shall be sold under the provisions of this act for less than one dollar and a quarter per acre nor at a less price than the appraisal thereof. All sales of land herein provided for shall be made as nearly as practicable under the rules and regulations now existing for disposing of the public lands of the United States. (a) Proviso. (a) See Nos. 1148, 1999, 2001, 2014, 2020, 2022, 2023, 2026, 2030, 2036, 2040, 2042, 2043, 2045, 2046, 2047, 2049, 2050, 2051, 2053, 2055, 2056, 2059, 2060, 2061, 2062, 2063, 2064, 2067, 2068, 2069, 2073, 2076, 2078, 2079. June 16, 1890. Selections of No. 2081.-JOINT RESOLUTION authorizing the Secretary of the Interior to certify school lands to the State of Kansas. Whereas, the United States has sold and disposed of sections sixteen and thirty-six in certain Indian reservations embraced within the territorial limits of the State of Kansas, in pursuance of treaty obligations; and Whereas the State of Kansas, in pursuance of a decision of the General Land Office, dated August fourteenth, eighteen hundred and seventy-seven, has selected for school purposes other equivalent lands in lieu of such sections sixteen and thirty-six, disposed of as aforesaid: Therefore, Resolved, &c., That the lands so selected by the State of Kansas be, indemnity school and the same are hereby, confirmed to said State; and the Secretary of lands confirmed. the Interior be, and hereby is, authorized to certify the same to said State, in lieu of sections sixteen and thirty-six, sold and disposed of by the United States, within the limits of any former Indian reservation as aforesaid. (a) (a) See Nos. 1856, 1998, 2002, 2003, 2008, 2036, 2040, 2046. NEBRASKA. No. 2082.—AN ACT to organize the Territories of Nebraska and Kansas. May 30, 1854. Be it enacted, &c., That all that part of the territory of the United States included within the following limits, except such portions thereof Temporary as are hereinafter expressly exempted from the operations of this act, government for to wit: beginning at a point in the Missouri River where the fortieth braska establishTerritory of Neparallel of north latitude crosses the same; thence west on said parallel ed. to the east boundary of the Territory of Utah, on the summit of the Boundaries. Rocky Mountains; thence on said summit northward to the forty-ninth parallel of north latitude; thence east on said parallel to the western boundary of the Territory of Minnesota; thence southward on said boundary to the Missouri River; thence down the main channel of said river to the place of beginning, be, and the same is hereby, created into a temporary government by the name of the Territory of Nebraska ; and when admitted as a State or States, the said Territory, or any por- Admitted as a tion of the same, shall be received into the Union with or without State or slavery, as their constitution may prescribe at the time of their admis- with or without slavery. Power sion: Provided, That nothing in this act contained shall be construed to divide said to inhibit the Government of the United States from dividing said Territory, or to Territory into two or more Territories, in such manner and at such times attach portion of as Congress shall deem convenient and proper, or from attaching any Territory, reit to a State or portion of said Territory to any other State or Territory of the United served. States: Provided further, That nothing in this act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said Territory, so long as such rights shall remain unex- Territory not imtinguished by treaty between the United States and such Indians, or to paired. include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits States Proviso. Rights of Indians in said over said In or jurisdiction of any State or Territory; but all such territory shall be United States excepted out of the boundaries, and constitute no part of the Territory retain their presof Nebraska, until said tribe shall signify their assent to the President ent authority of the United States to be included within the said Territory of Ne- dians. braska, or to affect the authority of the Government of the United States to make any regulations respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent to the Government to make if this act had never passed. (a) SEC. 16. And be it further enacted, That when the lands in the said Reservation for Territory shall be surveyed under the direction of the Government of schools. the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to schools in said Territory, and in the States and Territories hereafter to be erected out of the same. (b) No. 2083.—AN ACT to establish the office of surveyor-general of New Mexico, Kansas, and Nebraska, to grant donations to actual settlers therein, and for other purposes. [See KANSAS, No. 1999.] No. 2084.-AN ACT making appropriations, &c. [Reservation of Omaha, Iowa, Ottoe, &c., half-breeds, between the Grand and Little Nemaha rivers, to be surveyed and allotted in feesimple. See MINNESOTA, No. 1843.] 57 L O-VOL. II 897 March 3, 1857. No. 2085.-AN ACT to establish three additional land districts in the Territory of Nemaha land tuted. Be it enacted, &c., That all that portion of the Territory of Nebraska district consti- at present included in the Omaha district, which lies south of the line which divides townships six and seven north, extended from the Missouri River westward, shall constitute an additional district, to be called South Platte the "Nemaha land district;" all said Omaha district which is situated River district south of the south shore or right bank of the Platte River, and north of constituted. the said township line, between townships six and seven north, shall constitute an additional land district, to be called the "South Platte Dakota district River land district;" and all that portion of said Omaha district which lies north of the south boundary of the "Omaha reserve," extended westward, being identical with the line which divides townships twentythree and twenty-four north, shall constitute an additional land district, to be called the "Dahkota land district;" the location of the offices for which shall be designated by the President of the United States, and shall by him, from time to time, be changed as the public interests may seem to require. constituted. Officers for said districts. Sales authorized SEC. 2. And be it further enacted, That the President be, and he is hereby, authorized to appoint, by and with the advice and consent of the Senate, or during the recess thereof, and until the end of the next session of Congress after such appointment, a register and a receiver for each land district hereby created, who shall be required to reside at the site of their offices, have the same powers, responsibilities, and emoluments, and be subject to the same acts and penalties, which are or may be prescribed by law in relation to other land officers of the United States. (a) SEC. 3. And be it further enacted, That the President is hereby authorin said districts. ized to cause the public lands in said districts, with the exception of such as may have been or may be reserved for other purposes, to be exposed to sale in the same manner and upon the same terms and conditions Certain sales at as other public lands of the United States: (b) Provided, That all sales Omaha City con- and locations made at Omaha City of lands situated within the limits of the new districts hereby created, which shall be valid and right in other respects up to the day on which the new offices shall respectively go into operation, be and the same are hereby confirmed. firmed. March 3, 1857. June 12, 1858. Western boun breed tract un (a) See Nos. 1999, 2083, 2109, 2119. (b) See Nos. 1999, 2079, 2083, 2106, 2108, 2109, 2110, 2117, 2120, 2126, 2127, 2128, 2131, 2132 No. 2086.—A RESOLUTION relative to sections sixteen and thirty-six, in the [See MINNESOTA, No. 1856.] No. 2087.-AN ACT making appropriation for sundry civil expenses of the Government for the year ending the thirtieth of June, eighteen hundred and fiftynine. SEC. 13. And be it further enacted, That the line surveyed by John C. dary of half- McCoy, in eighteen hundred and thirty-eight, as the western boundary der treaty with of the half-breed tract, specified in the tenth article of the treaty made certain Indian between commissioners on the part of the United States, and certain tribes establish- Indian tribes at Prarie du Chien, on the fifteenth of July, eighteen hundred and thirty, be, and the same is hereby, established as the true western boundary of said tract. (a) ed. Feb. 18, 1859. (a) See Nos. 2084, 2090. No. 2088.-AN ACT for the relief of Monroe D. Downs. Vol. 11, p. 561. Be it enacted, &c., That Monroe D. Downs be, and he is hereby, auMonroe D.thorized to enter at the land office in Omaha City, in the Territory of Downs author- Nebraska, by preemption, the east half of the southwest quarter, and ized to enter cer- the east half of the northwest quarter of section numbered thirty-six, tain land. Proviso of town fifteen north, of range twelve east, in said Territory, at the minimum price of one dollar and twenty-five cents per acre: Provided, The said Downs shall, within three months after the passage of this act, establish his right of preemption to said lands under existing laws, in every respect, except the filing of a declaration or notice of his preemption claim. |
